ABSTRACT
This chapter focuses on Kenya, its colonial history, and the influence of its colonial legacy on the rule of law for ordinary Kenyans. The colonial history’s narrative features some of the nation’s past leaders such as Jomo Kenyatta and Daniel arap Moi. The chapter also discusses Kenya’s independence from Britain and uses the major drivers undergirding the rule of law (explained in Chapter 2) to examine how the confluence of each driver and colonial legacy influences the rule of law and impacts the lives of regular Kenyan citizens.
Among others, the chapter finds that prior to the 2010 Constitution’s enactment, previous constitutions failed to reflect the will and aspirations of the Kenyan citizenry. The Kenyan people had the opportunity to assent to the current constitution; thus its constitution-making process is legitimate. The Kenyan legal system still very much resembles that of the British and changes remain minimal. And that prior to recent reform, the Kenya Police were used by successive metropole and postcolonial governments to achieve their own agenda, which for the most part did not reflect Kenyans’ wishes and desires. However, the Kenya Military has turned the corner from its past atrocities and has become a professional force. Corruption remains rampant and endemic in all institutions. The chapter asserts that it is too soon to conclude if the Supreme Court remains independent.
