Mmegi

Navigating judicial independence and accountability

Sharing experiences: Dingake PIC: NEWSDAY
Sharing experiences: Dingake PIC: NEWSDAY

I bring you greetings from the Second Republic of Botswana.

I have been asked to discuss the issue of navigating judicial independence and accountability in politically sensitive cases. In Kenya these cases include the three Raila cases on Presidential election petitions, the Building Bridges Initiative (BBI) case, the case of Gikonyo and Another v The National Assembly of Kenya and 4 others. In 2017 the Supreme Court of Kenya nullified the Presidential elections and ordered a re-run within 60 days. This was a first in Africa and the fourth in the world. It was a momentous decision. In the BBI judgement the Supreme Court halted the BBI, but did not declare it “null and void”. In the Gikonyo case the Supreme Court of Kenya declared the Constituency Development Fund (CDF) unconstitutional. Recently in the case of the Cabinet Secretary for the National Treasury and Planning and Others v Okiya Omtatah Okoiti and Others, the Supreme Court of Kenya upheld the constitutionality of the deeply unpopular Finance Act 2024 and public sentiment was that they capitulated to the Executive.

Paradox

Editor's Comment
Tana project a welcome development

Whilst the project received mixed reactions from members of the public, the project is indeed a welcome development, which needs to be implemented as soon as possible. Many shared their opinion, with those against the project decrying that if implemented, it will kill the already struggling public transport industry.Many countries around the world have state-run public transport, and those who have travelled to such countries will give testimony...

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