REPUBLIC OF KENYA - The Judiciary
REPUBLIC OF KENYA - The Judiciary
REPUBLIC OF KENYA - The Judiciary
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guide it when so moved. I am agreeable to these principles and I will<br />
fully adopt them.<br />
[134] I would, however, add that these principles should not be<br />
deemed to be exhaustive. <strong>The</strong> process of development of<br />
jurisprudence will occasionally give birth to novel principles that, after<br />
a conscientious and detailed consideration, may be adopted by this<br />
Court when moved to depart from its precedent. I would draw from the<br />
jurisprudence of the Indian Supreme Court in <strong>The</strong> Bengal Immunity<br />
Case, where the Court quoted from Australian jurisprudence as set<br />
out in the Tramways Case [1939] A.C. 215, 245 [per Griffith, C.J. at<br />
p. 58]:<br />
"In my opinion, it is impossible to maintain an abstract<br />
proposition that the Court is either legally or technically<br />
bound by previous decisions. Indeed, it may, in a proper<br />
case, be its duty to disregard them. But the rule should<br />
be applied with great caution, and … only when the<br />
previous decision is manifestly wrong, as, for instance, if<br />
it proceeded upon the mistaken assumption of the<br />
continuance of a repealed or expired Statute, or is<br />
contrary to a decision of another Court which this Court is<br />
bound to follow …” [emphasis supplied]<br />
78