08/09/2022
Judgment writing is the hardest of the legal arts to master in the entire common law world. It requires a mastery of legal methods and pure writing skills, not merely wisdom, learning, good temperament, common sense, devotion to duty, and hard work.
According to Rtd Justice Lee Muthoga, a Judgment is about telling the losing party why it lost. It is best to approach it by explaining its position because it is the party most interested to know why it did not win and also most likely to appeal or seek a review. The winning party would care less how it won.
Following the decision of the Supreme Court of Kenya in the presidential petitions of 2022, there have been numerous criticisms about the language used by the Court in the abridged version of their judgment. The complaints express that the choice of words by the Court was unnecessarily harsh and punitive.
Before we censure the Supreme Court, we ought to interrogate what is the language through which our legal system operates.
What is the language of our law?
By Quincy J. Kiptoo “For by your words, you will be acquitted and by your words, you will be condemned” Anon. 1. Following the decision of the Supreme Court of Kenya in the presidential petitions of 2022, there have been numerous criticisms about the language used by the Court in the abridged ve...
