Kenya’s courts were under political pressure: how a constitutional reform empowered judges

Thalia Gerzso

Changes to Kenya’s constitution in 2010 on the independence of the judiciary created room for judges to act as guardians of the electoral process.

Before this, the law gave Kenya’s presidents considerable influence over courts’ actions. Historically, the judiciary was not an independent branch. It was categorised as a governmental department working under the authority of the attorney general. The president was responsible for appointing judges.

For instance, Daniel Moi, who was president from 1978 to 2002, systematically appointed loyalists. The close links between the government and the judiciary made it pointless to go to court to challenge electoral disputes.

The 2010 constitution changed this. And in 2017, the Kenyan supreme court, the highest court in the country, annulled the re-election of the presidential incumbent, Uhuru Kenyatta. The ruling asked the electoral commission to organise a rerun of the presidential election. This was despite the threats and pressure