According to Montesquieu, there would be an end of everything if the same person exercised the powers of implementing public decisions, enacting laws, and deciding cases. For this reason, democratic countries have incorporated the doctrine of separation of powers in their jurisdictions. Kenya, being one of the democratic countries, has incorporated in its Constitution the separation of powers by creating three arms of the government which are to work independently, and interdependently in exercising checks and balances. However, since independence (1963), the Judiciary (one of the three arms of government) has been prone to control and attacks from the other arms (Executive and the Legislature) and this has
undermined its independence. The health of judicial independence has come under scrutiny since the start of this year, 2024. It has been so sad to see the head of the Executive threatening to ignore the Court orders (Contempt of Court) that he feels they are delaying his planned public developments. This has therefore interfered with the independence of the judiciary.
This research paper aims at recognizing the doctrine of Separation of powers and the Constitutional provisions of the Independence of the judiciary. It discusses the challenges that the judiciary is likely to encounter when its independence is interfered with. This paper finds the need to uphold the rule of law and respect the Judiciary and other arms of government.