A THESIS PREPARED TO ATTAIN A MASTERS DEGREE IN LAW ON CONSTITUTIONAL JUDICIAL REVIEW IN KENYA.

Abstract

Abstract. The study is out to explain the doctrine of constitutional judicial review and its practical application in the Republic of Kenya as compared to the same in the United State of America and the Republic of Sudan. For a comprehensive study, the research is divided into five chapters as follows: CHAPTER ONE: Gives general information about the Republic of Kenya in terms of its geographical location, constitutional build-up and the constitutional developments that have taken place in the country. CHAPTER TWO: Defines a constitution and judicial review then gives a rough idea on the types of constitutions, their mode of making and the factors that led to the growth of judicial review. CHAPTER THREE: Discusses about the historical development of the doctrine from the old age period to our present time. CHAPTER FOUR: Brings the issue of legality of judicial review in the United States, the Republic of Sudan and finally the Republic of Kenya into close examination. CHAPTER FIVE: Talks about the scope and limitation of judicial review and briefly discusses the self imposed limits that the courts have observed in their exercise of judicial review. CHAPTER SIX: Concludes the study by discussing the practical application of judicial review in the Kenyan judiciary in terms of hearing procedures and finally gives a sample of cases that have been adjudicated by the Kenyan Courts.