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Res Sub Judice, The Most Abused Rule

Courts should do justice without being influenced by extraneous circumstances. One of the rules which enable them to do this is known as the res sub judice rule. The expression means that the matter is under litigation. It limits comment and disclosure of any aspect of the case in any forum other than the court hearing the case so as not to prejudice the issue or to influence the outcome of the case. In Kenya, politicians always discuss and expose court cases in public. Knowing or without knowing the res sub judice rule is abused. It is correct to allow the judiciary to perform its constitutional duty without interference whatsoever.
It is imperative that the courts should be treated with the utmost respect. To assist in the maintenance of an effective legal system for the benefit of all. Any act, omission or attitude which tends to undermine the wheel of justice is prohibited and can be attributed to contempt of court offence. Politics sometimes goes overboard and politicians make assumption that they are on top of justice. Obedience of the law is a key principle of law…any legal system which does not have respect from the people is ineffective and cannot deliver justice.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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