BBI ruling was not about law, it was about politics

High Court bench

(From Left) Lady Justice Teresia Matheka, Justices George Odunga, Joel Ngugi (presiding), Jairus Ngaah and Chacha Mwita at the High Court in Nairobi on May 13, 2021, where they delivered the judgement on eight consolidated petitions challenging the BBI push.

Photo credit: Dennis Onsongo | Nation Media Group

A common discussion among lawyers over the last decade has been about what is referred to as “judicial activism”. The debate revolves around a belief among some judges that they are justified to make decisions without relying on the law if they believe this is necessary to achieve an end they believe in.

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