Like all public institutions however, the Judiciary must be open to criticism. Would there have been less disruptive recourses that affirmed the law but balanced its immediate application against the broader public interest? The three judgements and several others show that it is possible to affirm the primacy of the law while ensuring the court’s decisions do not produce devastating consequences that injure the very public who the law is seeking to serve. It, however, grants the Executive legitimacy to argue that obedience of such orders is against public interest. It is about constantly asking the public good question as was done by Justices Odunga, Mrima and Onguto.

Source: Standard Digital June 04, 2021 22:17 UTC