The High Court of Kenya as an Egalitarian Pro-Poor Court

Abstract

In this paper, I seek to show that the High Court of Kenya has clearly understood its role in the post 2010 dispensation and has at its heart the promises of the 2010 constitution, it has rejected the classical liberalists concept of a night watchman state and accepted the welfare state12. The high court has been enforcing the transformative leitmotif and the egalitarian ethos of the constitution. I will consider how the court has baptized the issue of standing, the liberalization of the test of standing under the constitution, secondly, I will consider how the High Court has refused to be guided by the undesired ‘Anarita precedent’ and thirdly the writer will show how the high court has enforced the socio-economic rights.