Kenya: Court Allows Comment on Election Challenges

[Legalbrief] Kenya’s Supreme Court has been given a lesson on observing the separation of powers and not ‘usurping’ the legislative power of Parliament. Strangely enough, this lesson has come from the High Court which had been asked to consider the constitutional validity of new rules promulgated by the Supreme Court. The disputed rules effectively prevented litigants, advocates and advocates’ agents from commenting on the merits, or otherwise, of a presidential election challenge from the time