Akech on Judicial Review in Kenya

Migai Akech, University of Nairobi, has posted Judicial Review in Kenya: The Ambivalent Legacy of English, which is forthcoming in Judicial Review of Administrative Action: Origins and Adaptations Across the Common Law World, ed. Lawin Swati Jhaveri and Michael Ramsden (Cambridge University Press, 2020):

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.

--Dan Ernst