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For readers of judiciaries and legal systems in Africa, it is obvious that the three most progressive democracies with fiercely radical constitutions are Kenya, South Africa and Malawi in necessarily no order. Each of them has a share of their demons and moments of judicial exorcises, one day at a time. For our judiciary to grow, we have to critique it. Applause it when it passes the constitutional examination and call it out whenever it veers.
Despite the progress Kenya has made in terms of development of the law post its baptism era in 2010, the Court of Appeal which was the highest court pre-2010 has remained an important player in our judicial life as a nation for two reasons. First, the court still remains the final destination of many civil and criminal matters save for the few which manage to wade through the stringent jurisdictional filters under Articles 163(4)(a) and 163(4)(b) of the Constitution to the Supreme Court.
Second, the court sits primarily as a three-judge bench apart from a few matters which can be dealt with by a single judge bench. The design therefore was to have more judicial eyes examine decisions from the High Court and be able to deliver justice to a close perfection standard.
