The Effects Of Undermining Judicial Independence On The Rule Of Law In Kenya

Abstract 

This study has sought to address the levels of deterioration of Rule of Law in Kenya due to the undermining of judicial independence in the country. In studying the effects of undermining judicial independence on the Rule of Law, this study seeks to find the redresses available to solve the imminent problems brought about by the deterioration of Rule of Law in Kenya. This study adopts a descriptive design since the researcher seeks to establish solutions to significant problems. Simple random sampling and purposive sampling were employed to come up with one hundred respondents. The study employs both qualitative and quantitative methods of data collection. Open-ended questionnaires, as well as unstructured interviews, were used in order to obtain descriptive information void of bias. Closed-ended questionnaires were also employed for the ease in computation during presentations. The study showed that a higher percentage about over 70% of the respondents agreed that judicial independence is a myth and as such, Rule of Law is also an illusion. The key conclusions of the study were that in order to ensure that Rule of Law is operative; the upholding of the doctrine of judicial independence is a crucial element.