|Posted by David on November 19, 2020 at 8:55 AM|
In Kenya, there is only few Advocates or Judges who can call themselves ...”Learned Friends”...that’s why most judgements are narrow minded and don’t take consideration of the circumstances and the bigger picture....
First, the problem we have is training of lawyer’s.
If you look at developed countries like USA, you first have to go through 4 year bachelor degree -history, social science, business etc. and then apply for admission to law school to pursue law degree, that’s why they are called “Learned Friends”.
In UK, you see someone pursuing Bachelor of Law (LLB) with Enonomics, sociology, in Europe and US most prominent advocates, Judge study another degrees or post graduate courses in Management, social science, political sciences etc....these way, the Judges or Advocates are able to make more fair judgements irrespective of what the law says.... that’s where the word ‘Judge’ comes from.....
BUT Maraga type bahave like a train in the railway track or the way a guard who refuses to open a door when he ordered President Uhuru to dissolve parliament purposely because of it not fulfilling a constituitional clause on gender balance.
However, legal jargons including the AG have challenged the CJ’s legal interpretation using the very constitution .Way Forward: For Kenya to have learned judges like US and UK, Kenya should too carbon copy the legal training of their judges as they copied the constitution.