Open Access
American Research Journal of Humanities and Social Sciences
ISSN (Online): 2378-7031
DOI: 10.46568/arjhss
The Problem of Legal Hermeneutic in Kenya Concerning the Entrenched Concept of “Public Participation” And the Transformative Public Sphere Reflected in Judicial Review No. 378 Of 2017
*Law Senior Lecturer University of Nairobi, 1Printing and Publishing Company in Dubai
2Independent Electoral and Boundary Commission (IEBC), 3The National Super Alliance (NASA)
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Citation: Dr. Peter Onyango Onyoyo, Justice Joel Ngugi, Justice John Mativo, Justice George
Odunga Al-Gurair “The Problem of Legal Hermeneutic in Kenya Concerning the Entrenched Concept of “Public
Participation” And the Transformative Public Sphere Reflected in Judicial Review No. 378 Of 2017.” American
Research Journal of Humanities and Social Sciences, vol 3, no. 1, 2017, pp. 1-15.
Abstract
Legal hermeneutics is the science that considers the study of law as interpretation and understanding.
The Romans would refer to the art of law as the practice of bono et aequo or the science of good and justice.
This legal research is anchored on the High Court ruling on the legality of awarding tender for printing
presidential ballot papers of 2017 to Al-Gurair company printing and publication. The allegation was that the
lawful procedures of tendering process were not respected by the respondent, in this case, the Independent
Elections and Boundary Commission (IEBC) making the court quash the tender. The study therefore, surveys
the questions of interpretation and understanding of the rule of public participation in the Republic of Kenya.
