American Research Journal of Humanities and Social Sciences                cover
Open Access

American Research Journal of Humanities and Social Sciences

ISSN (Online): 2378-7031

DOI: 10.46568/arjhss

Research Article Vol. 3, Issue 1 2017 Open Access

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

*Dr. Peter Onyango Onyoyo, 1Justice Joel Ngugi, 2Justice John Mativo 3Justice George Odunga Al-Gurair

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.