Dear Esteemed Justices of the Supreme Court of Kenya: The struggle for “justice” will always be contested; no wonder Rajeev Dhavan in The Phases of the Indian Supreme Court has identified seven different and conflicting phases undergone by that institution. And it is not in India alone where the Supreme Court has been witnessed to reverse itself; in the United States of America, the Supreme Court there, for instance, repudiated its 1896 ruling in Plessy v Ferguson when in 1954 it rejected the idea of “separate but equal” in Brown v Board of Education. Today, however, my point on “justice” is...
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