Judiciary is most efficient when handling government cases

Supreme Court in Nairobi. [File, Standard]

I have previously on this column dealt with how the Court of Appeal recently in absolute opacity handled the Presidential Advisers Ruling that stayed the High Court decision by Justice Andrew Mwamuye that found the said offices unconstitutional. Today, I will deal with the broader question of how the Judiciary engages with government cases, I will limit myself to the question of the efficiency and speed of handling such cases and will not engage with the merit question for the reason that merit can only be assessed on each case.

There is a worrying trend where the Judiciary is glaringly effective only in cases where the government is the Appellant. In fact, I call it the judicial urgency per the standard of government and not the envisaged objective test in the rule of law.