A Critical Examination of the Experience of Judiciary Executive Relations in Post-2010 Kenya

Abstract

The Judiciary in Kenya has historically played a significant role in maintaining the rule of law and ensuring justice, but this has often been met with strong resistance from the executive branch of government. Political interference has consistently threatened judicial independence, crippling the Judiciary’s ability to act impartially. The institution has faced persistent obstacles, ranging from attacks on individual judges to executive manipulation of judicial funding and appointments, despite the progressive framework established by the 2010 Constitution, which sought to strengthen judicial autonomy. This has eroded public trust and raised concerns about the Judiciary’s capacity to hold the government accountable. This paper assesses these challenges by examining how recent political dynamics have impacted judicial independence and by drawing lessons from the experiences of South Africa and Zimbabwe. It argues that despite the fact that Kenya has made strides toward an independent Judiciary, reforms are still needed to safeguard its autonomy. The article proposes solutions such as constitutional amendments to secure financial independence, strengthening the Judicial Service Commission, and promoting transparency through public outreach. By implementing these changes, Kenya can restore confidence in its Judiciary and ensure that it continues to serve as a vital check on executive power.