The Courts have been the foremost defenders of devolution. In every instance when devolution has been threatened, the courts and specifically the Supreme Court has stepped in to defend the spirit of devolution,” She said.The Chief Justice spoke in Naivasha during the Senate induction retreat as she reflected on the relation between the Senate and the Judiciary as well as the linkage with devolution.Koome said while some institutions are still fragile and need nurturing and support to discharge their functions, such collaborations will also help them to serve the people and realise the promises of the 2010 Constitution.“With respect to the constitutional project of devolution of government and bicameralism in the legislative system, the Courts serve a protective role by guarding the institutions established to engender the project of devolution of governance,” She said.Koome said the Judiciary and the Supreme Court in particular, has and will continue to develop rich indigenous jurisprudence that protects the spirit of devolution and has enables institutions established under the devolved system of government to function.“Courts in an emerging constitutional democracy like ours serve both a protective role and a constructive role. In their protective capacity, courts serve to defend fundamental elements of the constitutional order from being altered or destroyed,” She added.
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