View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Commons @ University at Buffalo School of Law University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship 2001 Justice Under Siege: The Rule of Law and Judicial Subservience in Kenya Makau Mutua University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Judges Commons, and the Rule of Law Commons Recommended Citation Makau Mutua, Justice Under Siege: The Rule of Law and Judicial Subservience in Kenya, 23 Hum. Rts. Q. 96 (2001). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/569 Copyright © 2001 The Johns Hopkins University Press. This article was first published in Human Rights Quarterly 23.1 (2001), 96–118. Reprinted with permission by Johns Hopkins University Press. This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. HUMAN RIGHTS QUARTERLY Justice Under Siege: The Rule of Law and Judicial Subservience in Kenya Makau Mutua* I. INTRODUCTION Constitutionalism and the rule of law are the central features of any political democracy that respects human rights. An independent judiciary,