2010 Constitution restored confidence in a truly independent judiciary

Inside the Supreme Court where Presidential petition is being heard on September 01, 2022. [Samson Wire, Standard]

As the Supreme Court adjudicates the third consecutive presidential petition since the promulgation of the Constitution 12 years ago, Kenyans must appreciate that the country has had a paradigm shift in terms of electoral dispute resolution. During the post-election violence of 2007, the courts were largely seen as a nonviable avenue of justice because judges were perceived as part of the Executive.

Judges were appointed by the President before 2010. Due to the circumstances, the Bench was susceptible to the machinations of the appointing authority. Consequently, trumped-up charges, detentions without trial, and torture were committed under the judge's acquiescence.