http://ir.mu.ac.ke:8080/jspui/handle/123456789/2819 Wed, 08 Apr 2026 14:54:13 GMT 2026-04-08T14:54:13Z http://ir.mu.ac.ke:8080/jspui/handle/123456789/6790 The rise of the judicial age of secrecy: Assessing the Judicial Service Commission's interview for the Court of Appeal Judges Nyawa, Joshua Malidzo This paper is a critique of the attempt of the Judicial service commission of Kenya to exclude the media from the court of appeal judges' interview. It argues that this attempt would amount to the carrying out of the interviews in secrecy. Such a measure is a violation of the values of the constitution. Secondly, such an act would affect the public confidence in the judiciary. Sat, 01 Jun 2019 00:00:00 GMT http://ir.mu.ac.ke:8080/jspui/handle/123456789/6790 2019-06-01T00:00:00Z http://ir.mu.ac.ke:8080/jspui/handle/123456789/6789 Judicial robotism, procedural narcissism and formalism in the Hijab Case: A Commentary Nyawa, Joshua Malidzo This paper is a critique of the decision of the supreme court to throw away a case on the basis of technicalities. This paper seeks to show that courts should struggle to hear matters on substance but not to throw them away on technicalities. Sat, 01 Jun 2019 00:00:00 GMT http://ir.mu.ac.ke:8080/jspui/handle/123456789/6789 2019-06-01T00:00:00Z http://ir.mu.ac.ke:8080/jspui/handle/123456789/6788 Constitutional morality vis-à-vis societal morality and populism: An interrogation of the Eric Gitari 2 and Ahmad Abolfathi Mohammed Decisions Nyawa, Joshua Malidzo The post-war constitutions eschew the reliance of public opinion in adjudication, it alternatively encourages courts to follow a principled, law-based adjudication. It is on this basis that this paper suffices. This paper seeks to show that the 2010 constitution has successfully moved us from the dark ages of societal morality to an era of constitutional morality. However, this paper notes and regrettably so, that our courts have sought to return us back to those days. This paper will critique the Supreme Court’s majority decision in Mohammed and the high court’s decision in Eric Gitari 2. Similarly, this paper will celebrate the Minority decision in Mohammed. Thu, 01 Aug 2019 00:00:00 GMT http://ir.mu.ac.ke:8080/jspui/handle/123456789/6788 2019-08-01T00:00:00Z http://ir.mu.ac.ke:8080/jspui/handle/123456789/6787 The role of courts in forging innovative remedies: Interrogating Kenyan Court of Appeal’s Mitu Bell Judicial Myth and Formalism Nyawa, Joshua Malidzo This paper seeks to critique the decision of the court of appeal in Mitu bell where judges refused the ethos of the 2010 constitution which required them to be innovative and instead upheld the practice of the past. This paper will firstly look at the place of socio-economic rights in Kenya, secondly the judicial enforcement of socio-economic rights, thirdly the remedy of structural interdict as one of the innovative remedies before making a conclusion. Tue, 01 Jan 2019 00:00:00 GMT http://ir.mu.ac.ke:8080/jspui/handle/123456789/6787 2019-01-01T00:00:00Z