REPUBLIC OF KENYA - The Judiciary

of Kenya and the State; it is not a private matter, but rather, it is of a
public nature, and it affects the public interest.
[154] In this case, the Law Society of Kenya, as the umbrella body of
the Bar, whose members are in constant interaction with the law, may
also be given an opportunity to be heard on a provision of the law that
is sought to be declared unconstitutional, in particular in a case which
dealt with the removal of judges, as a result of alleged misconduct.
[155] It matters not that such bodies may not be parties to the matter
in Court. The onus rests on the Court, when faced with such a question,
to inform such parties as it considers key stake-holders, of such a
challenge. I acknowledge that Kenya operates an adversarial system,
and the Court as an impartial umpire ought not to descend into the
arena of conflict. However, a matter touching on the constitutionality
of a provision of the law, is not a matter of conflict as between parties.
It transcends the parties, and becomes a matter of general concern,
that binds all persons as signified by Article 3 of the Constitution, thus:
“3(1) Every person has an obligation to respect,
uphold and defend this Constitution”.
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