Law's empire: Mutua and Kimathi

Abstract

This is an analysis piece discussing the rule of law in two recent claims regarding historical abuses during the Mau Mau insurgency in Kenya by the colonial government. The piece argues that these two cases represent the tendency of the Diceyan concept of the rule of law to divide into either very strong or very weak review of government action. It urges careful consideration of the kinds of case, including those involving Britain’s colonial past, where review is more likely to be of the latter character.