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11 - Judicial Review in Kenya
from Part V - Origins and Adaptations in the Middle East and Africa
- By Migai Akech
Edited by Swati Jhaveri, National University of Singapore, Michael Ramsden, The Chinese University of Hong Kong
Book:

Judicial Review of Administrative Action Across the Common Law World

Published online:

19 March 2021

Print publication:

18 March 2021, pp 191-212
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Summary

This chapter considers the evolutions in the practice of judicial review in Kenya, and the continued relevance of English law, in the broader context of the role of judicial review in facilitating the attainment of democratic governance. It argues that English law bequeathed to Kenya an ambivalent legacy that continues to shape the exercise of the judicial review power. In theory, law has promised to provide a bulwark against the abuse of governmental power. In practice, however, it has largely served to facilitate authoritarianism. The chapter begins by locating judicial review in the context of governance in colonial and post-colonial Kenya. It then examines the nature and role of judicial review in the Kenya colony, Independent Kenya, and more recently after the promulgation of the Constitution of Kenya 2010.