One of the landmark aspects of the decision was a declaration that the basic structure doctrine is applicable to the Constitution of Kenya which means that some parts of the Constitution deemed as forming the basic structure, described as ‘eternity clauses’ are not easily amendable. But what is the basic structure doctrine? Granted, the basic structure doctrine serves the salutary purpose of checking Parliament and the Executive from unnecessarily altering the Constitution. Ever since it was pronounced by the Indian Supreme Court, however, the doctrine has not yet assumed hallowed status in comparative constitutional law. So much so that the doctrine has been described as nebulous for setting a subjective standard especially in delineating the contours of what constitutes the ‘basic structure’ largely because it falls to judges to determine what provisions of the Constitution form its ‘basic structure’.

Source: The Star May 31, 2021 01:52 UTC