The role of courts in forging innovative remedies: Interrogating Kenyan Court of Appeal’s Mitu Bell Judicial Myth and Formalism

Abstract

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.