Legal Technicalities and the Determination of Electoral Disputes in Kenya: a Review of the Legal Framework and the Emerging Jurisprudence

Abstract

Alexander Hamilton famously stated that the judiciary is the least dangerous of the three branches of the government. I How wrong he was! The Kenyan judiciary, in particular the Supreme Court, has upset the constitutional architecture that holds our functioning democracy.i This paper examines the issue of insisting on legal and procedural technicalities when deciding matters, at the expense of substantive justice.