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The judicial appointment process in Kenya and its implications for judicial independence
Dissertation (MPhil)--University of Pretoria, 2012.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2014
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| _version_ | 1867613592300290048 |
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| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (MPhil)--University of Pretoria, 2012. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/36762 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:35.948Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/36762 The judicial appointment process in Kenya and its implications for judicial independence Viljoen, Frans Pretorius, R. Sibalukhulu, Nompumelelo Kenya Judicial independence System of judicial appointments Lack of government accountability Post-election conflict of 2007 UCTD Dissertation (MPhil)--University of Pretoria, 2012. In order to complement existing empirical research on democratic consolidation in Kenya and the role of the judiciary in particular, this mini-‐dissertation analyses the relationship between judicial appointment processes and judicial independence in Kenya. The escalation of corruption, centralisation and abuse of power by the executive, the lack of government accountability and post-‐election conflict of 2007 is linked to the dominance of the executive and corresponding subservience of the judiciary. Historically, judicial appointments have been the ambit of the President. The powers given to the President to appoint and remove judges have resulted in judicial appointments premised on allegiance to the executive rather than on upholding justice and the Bill of Rights. To rectify this deficiency, the 2010 Constitution has introduced a merit based system of judicial appointments that meets international standards on judicial independence. The new process requires the President to limit his appointments to the recommendations of a Judicial Service Commission whose responsibility it is to shortlist candidates through a transparent public process. An analysis of the selection of Kenya’s sitting Chief Justice and Deputy Chief Justice demonstrates that the reformed judicial appointment process has delegitimised the executive’s dominance over the judiciary and by so doing has placed Kenya on the road restoring judicial independence. gm2014 Centre for Human Rights unrestricted 2014-02-26T11:14:56Z 2014-02-26T11:14:56Z 2012-09-06 2012 Mini Dissertation Sibalukhulu, N 2012, The judicial appointment process in Kenya and its implications for judicial independence, MPhi dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/36762> F13/9/1096/gm http://hdl.handle.net/2263/36762 en © 2012 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Kenya Judicial independence System of judicial appointments Lack of government accountability Post-election conflict of 2007 UCTD The judicial appointment process in Kenya and its implications for judicial independence |
| title | The judicial appointment process in Kenya and its implications for judicial independence |
| title_full | The judicial appointment process in Kenya and its implications for judicial independence |
| title_fullStr | The judicial appointment process in Kenya and its implications for judicial independence |
| title_full_unstemmed | The judicial appointment process in Kenya and its implications for judicial independence |
| title_short | The judicial appointment process in Kenya and its implications for judicial independence |
| title_sort | judicial appointment process in kenya and its implications for judicial independence |
| topic | Kenya Judicial independence System of judicial appointments Lack of government accountability Post-election conflict of 2007 UCTD |
| url | http://hdl.handle.net/2263/36762 |