Movie ticket pricing Essay Example for Free

Movie ticket pricing Essay Household behavior forms an interesting area of study for economists given that the human aspect involved in making of economic decisions by a household vary a lot depending on the perception of a commodity or service in the market. This is done in the view of gaining a certain level of utility only known to the consumer. One such area that has attracted scrutiny is the consumption and pricing of movie tickets and goods sold in the movie theaters. An article by Jennifer McNulty titled â€Å"Concessions on Movie Ticket Pricing? details the tricks present in the pricing of movie tickets and products such as popcorn crisps and soft drinks sold in the movie theaters. This paper critically analyses this article and discusses the economic sense in the article plus a reflection on the whole issue. Article review In this article the writer is worried about the high charges of popcorn in movie theaters than in ordinary shopping outlets. This she poses as the introductory question in the article asking â€Å"why does popcorn cost so much at the movies? † She notes that despite the high prices, movie goers are always willing to pay the high prices charged for the popcorn as evidenced by â€Å"all the people standing in line waiting to buy popcorn, soft drinks, and candy†. The author notifies us of the findings of a research by Stanford and the University of California, Santa Cruz that reveals the trick behind this idea. The findings show that charging lower prices for primary products in this case movie tickets and charging higher prices for secondary products in this case popcorn, beverages, peanuts etc drives the customer into seeing the bargain in the primary product and not the overcharging in the secondary product. This will always keep demand for both high courtesy of low price tickets. The author says â€Å"If you want to bring more consumers into the market, you need to keep ticket prices lower to attract them†. Products sold in movie theaters are charged on concession basis in that there is an added price on the product as a â€Å"commission† to the vendor. They account a lot in term of revenue for movie theaters as Jennifer says that â€Å"movie exhibition houses rely on concession sales to keep their businesses viable†. The idea according to Jennifer is that movie theaters transfer some movie charges to the concession goods. This then increases demand for movie tickets and revenues high but profits low. From the article we see that â€Å"Although concessions account for only about 20 percent of gross revenues, they represent some 40 percent of theaters profits†. Therefore it would seem that it is better to charge low prices for tickets so as movie consumers are made to believe that they have â€Å"saved† some amount on which they can spend on the concession goods. Unfortunately, this is just an illusion as the moviegoer ends spending more. Economic analysis of the article The movie theaters have hinged their business sense on the demand elasticity in response to price changes. They have noted that a proportionate increase in the price of movie tickets leads to a more than proportionate drop in demand of movie tickets. Therefore we would say that demand for movie tickets is perfectly elastic to price changes. On the other hand, demand for concession goods is not affected, as per the article by change in prices thus perfectly inelastic. Nevertheless, we would normally expect perfect some degree of elasticity when prices are increased to inconsiderate levels. This would probably force moviegoers to carry along products that they could have otherwise bought at the theater. From another economic perspective, we can say that there is a level of complementarity between the movie tickets and the concession goods though it is one sided. This is because of the fact that concession goods will and can only be consumed after purchasing a movie ticket. However, one can consume a purchase/consume a movie ticket without necessarily having to purchase any of the concession goods on sale in the theater. For fully complementary goods, it is impossible to consume one good in the absence of the other. In such cases, the price and demand of one affects the other. In the case of movie tickets and concession goods, the demand for movie tickets leads to a considerable increase in the demand for the more profitable concession goods. Unfortunately, demand for concession goods does not in any way affect the demand for movie tickets as a consumer can make use of the movie ticket alone without the concession good. Reflection Consumption of leisure hours by households do not usually follow economic principles witnessed in other goods and services. Households attach levels of utility on leisure hours as determined by fashion trends and culture. The idea of purchasing and consuming goods such as popcorns and peanuts in the movie theaters is something that has been nurtured by today’s generation and fashion. This is what is demonstrated in the article in that there is no economic sense that can link any complementing aspect between concession goods and movie tickets but just a creation of our society. It is thus the movie theaters that have capitalized on this fallacy to gain profits. I would personally think that the movie theaters have succeeded in making the best use an economic opportunity and are creating and inducing demand for otherwise low selling products in the name of concession goods. Therefore, the article plays its purpose of informing the moviegoers of where they â€Å"cheated†. In economic sense, the paper shows the power of elasticity in action.

Media Technologies And Journalism Media Essay

Media Technologies And Journalism Media Essay In the second half of the twentieth century and early of the twenty-first, along with the advancement of new media technology, we have witnessed the dramatic transformation of journalism. There can be no denying that the technological revolution has exerted far reaching influences on news journalism and its production. In 2000, Pavlik (p.229) has asserted: â€Å" Journalism has always been shaped by technology†. Pavlik as well as many academics in the field of mass communication believe that the profound changing of journalism are technologically determined. However, there are some researchers who criticise the idea of technological determinism. They argue that technologies not only transformed journalism but also were shaped and operated in the news production process. As Cottle (1999,p.22) has stated: â€Å"news technologies of news production are in fact socially and culturally shaped and embedded within corporate and professional contexts and practices†. It could be argued that the relationship between technology and journalism is not simply a cause and effect relationship, in fact, they changed and determined each other. The aim of this essay is to examine the interaction relationship between technology and journalism, with a particular focus on how new media technologies transformed news journalism. This research paper will begin by consider the impact of technology on journalism, and then account for the way that technologies are operated and integrated in the news production process. In the second section, the proliferation of the internet and blogs will be taken as prime examples of technological advancement which has offered opportunities as well as challenges to journalists and news organisations. Finally, the assignment will discuss whether technological changes and the adoption of new technology have led to the improvement or deterioration of journalisms quality. 1. The interaction relationship between news media technologies and journalism For the purpose of this assignment, this section will briefly introduce the theory of technology determinism as well as critical arguments of modern social scientists. The impact of new media technologies on news journalism will be examined and references are made to the work of academic in this field. Furthermore, evidence is provided in order to account for the way technologies are shaped and integrated in news production process. 1.1. The impact of new media technologies on news journalism According to Pavlik (2000,p.229), journalism are transformed by technology in four broad areas: practices of journalists, news content, the organization of the newsroom, and the relationship between and among news organisations, journalists and their many publics. â€Å" Technological changes have had an impact above all on the immediacy and availability of journalism as it has proliferated as a mode of communication† (Conboy,2004,p.205). 1.2. Technologies are shaped and integrated on news production process With a critical argument, Cottle (1999) views technology as a â€Å"creature of our own making â€Å", in his words, â€Å"which inhabits, was born out of, remains dependent on, and is socialised and put to work within determinant social environment† (p.23). In his study of â€Å" A combination of political regulatory change and the arrival of the new media organizations and products has introduced considerable competition into the broadcast environment..this competition appears to be the immediate cause of organisational and technological change† (Ursell, 2001,p.194). New operations have adopted new technologies with different degrees of extent and intensity (Ursell). Consequences for journalist: demand for and pressure on journalistic staff have increased. 2. Technological changes and the quality of journalism 2.1. The internet and blogs: a nascent phenomenon Internet: how it changes the newswork -> journalist practice(Pavlik), mot-used new resources for finding imformation(Garrison), journalist easily interact with audiences Define blog Bloggers 2.2. Quality of journalism in era of new media technologies: deterioration or improvement Though there can be no denying that the appearance of the internet and blogs has changed news journalism in many ways, it is now essential to consider whether it is better or worse journalism. Thus, this question has been the subject of a great deal of research. Ursell (2001) in his study of Convergence: â€Å" I assert that convergence merely holds the promise of a better, more efficient, more democratic medium for journalism and the public in the twenty-first century† (Pavlik,2001,p.xiii) Multi-skilling: High-Speed: â€Å"Speed is in danger of becoming the ultimate aim of journalism. The post-telegraph compulsion to beat competitors to a story, accelerate by new technologies, can mean it becomes more important to be first than to provide an adequate assessment of context† (Conboy,2004,p.207) â€Å" The pace of breaking news drives the possibility of in-depth analysis further down the line† (Conboy, 2004,p.207) â€Å"All of this compromises the incredible speed and technological sophistication of the journalism produced as it is often lacking in analytical depth or political variety† (Conboy,2004,p.207) Journalists who are under the pressure of becoming multi-skilled and technically competent to produce multiple media production do not have much â€Å"opportunities for creative reflection or innovation†(Cottle,1999). To illustrate this point, Cottle(1999,p.41) has quoted a statement of one broadcast journalist: â€Å"We dont have time to be creative. Its not that the equipment will not let us be more creative as we used to be†. Pavlik (2001) states that, on the plus side, new media technologies has offered potential for improving quality of journalism as well as helped journalist do their jobs more effectively. In other words, journalists can use new technologies to create much more â€Å"engaging, navigable, contextualized† news productions which reflect everyday life more â€Å"accurately, fully, and dynamically†(Pavlik,2001,p.xvi). However, on the negative side, â€Å"We journalists are no longer the gate keepers in the market place of ideas. The doors have been flung wide open by the egalitarian nature of the Internet and when you look at the big picture you see chaos. You see a medium in its infancy, howling and kicking against the limitations of the world into which it was born. Conclusion To bring this paper to a close, I summarise the main points here: new media technologies have transformed news journalism and its production, at the same time are shaped and operated in news production process. This essay set out to examine the intertwining relationship between technology and journalism, consider it in both positive and negative side. In the first section, it produced some insights into how journalism is influenced by technology and answered the question of how technology are shaped and integrated in news production process. In an attempt to demonstrate this point, evidence was presented relating to the change in news-making activities of journalist in the era of the internet and blogs. Finally, the evidence presented in this paper suggested that technological changes have had diverse impact on the quality of journalism. In other words, technological innovations lead to improvement as well as deterioration of journalism performance and output.

Adversity :: Free Essay Writer

" A man of character finds a special attractiveness in difficulty, since it is only by coming to grips with difficulty that he can realize his potentialities." -Charles DeGaulle This quote couldn't more true , even at the age of seventeen my life has been riddled with adversity. Everything from major health related problems from birth to my father being injured at work and finally my cousin dying from cancer , all have made me realize truly the strength that I possess to carry on. I have overcome and am continuing to overcome many health related issues all of which stem from birth. At birth my esophagus did not attach to my stomach and in order to correct this problem I had to undergo a major operation. This operation resulted in me needing a blood transfusion. Unfortunately in 1983 blood donors were not screened for diseases. I was one of many who contracted both hepatitis B and C. Hepatitis B was just jaundice and showed it self soon after the operation. Fortunately Hepatitis C is dormant for now , although it is thought around the age of thirty the true disease takes hold. There is always that daunting reality that eventually I will need a new liver. Another result of my stay in the hospital is my droopy eye caused by an incorrectly inserted IV. In this age of physical beauty and especially being a teenager it has been especially hard for me to not feel that I am inferior to everyone else. As a result of lack of funds my eye will have to wait to be correcte d. My father who has been out of work for three years because of a back injury that has left him in a tremendous amount of pain constantly. This has resulted in not only a financial strain on our family but also a burden of ache that tugs at me. I love my father dearly and it pains me to see him suffering. My parents are divorced and have been for some time, my father lives in California and before his injury I would visit at least two times a year for extended periods of time . Now that he is out of a job for all practical purposes my time with him has been cut to only a summer visit. This has also proved to be quite a emotional hardship , but as with everything else I have forced myself to accept it and to move on.

Essay --

Introduction of the topic: 1. Significance of topic a. GM Foods are those derived from organisms whose genetic material (DNA) has been modified in such a way that it does not occur naturally in the environment i. http://www.who.int/topics/food_genetically_modified/en/ b. Also ties into 2. Scientific background a. Commercialized in 1992; Monsanto was one of the first firms to take advantage of biotechnology in commercial farming; Green Revolution, i. APA: Mclure J. BACKGROUND. CQ Researcher [serial online]. August 31, 2012;22(30):726-732. Available from: Academic Search Premier, Ipswich, MA. Accessed November 13, 2013. ii. MLA: Mclure, Jason. "Background." CQ Researcher 22.30 (2012): 726-732. Academic Search Premier. Web. 13 Nov. 2013. 1. This article also has: issues, background, chronology, current situation, outlook, next step b. Genes are copied via PCR and inserted into target plant tissue to create new plants i. AMA: GM foods: the real story. Australasian Biotechnology [serial online]. March 2012;22(1):41-44. Available from: Academic Search Premier, Ipswich, MA. Accessed November 13, 2013. ii. MLA: "GM Foods: The Real Story." Australasian Biotechnology 22.1 (2012): 41-44. Academic Search Premier. Web. 13 Nov. 2013. 3. Scientific and societal issues a. Controversial: concerns of negative environmental and health effects, corporatization of agriculture, unethical to manipulate life in the laboratory i. AMA: Bennett A, Chi-Ham C, Barrows G, Sexton S, Zilberman D. Agricultural Biotechnology: Economics, Environment, Ethics, and the Future. Annual Review Of Environment & Resources [serial online]. November 2013;38(1):249-279. Available from: Academic Search Premier, Ipswich, MA. Accessed November 13, 2013. ii. MLA: Bennett, Ala... ...y modified (GM) foods: the importance of an holistic, integrative approach. Journal Of Biotechnology [serial online]. September 11, 2002;98(1):79. Available from: Academic Search Premier, Ipswich, MA. Accessed November 13, 2013. ii. MLA: Cockburn, Andrew. "Assuring The Safety Of Genetically Modified (GM) Foods: The Importance Of An Holistic, Integrative Approach." Journal Of Biotechnology 98.1 (2002): 79. Academic Search Premier. Web. 13 Nov. 2013. Other Interesting Things 1. http://search.ebscohost.com.proxy2.library.illinois.edu/login.aspx?direct=true&db=bth&AN=21274652&site=ehost-live 2. http://www.who.int/foodsafety/publications/biotech/20questions/en/ 3. http://search.ebscohost.com.proxy2.library.illinois.edu/login.aspx?direct=true&db=aph&AN=11501712&site=ehost-live 4. http://dsc.discovery.com/tv-shows/curiosity/topics/10-genetically-modified-food-products.htm

Danger And Opportunity Essay

Albert Einstein said that unless we change our â€Å"modes of thinking† about political issues, we are headed toward â€Å"unparalleled catastrophe.† Do you agree or disagree with this statement?  I would have to say that such truer words have never been spoken before. If we as a global community continue to think in the same mindsets that we have in the past, then we will never be able to work together to accomplish goals such as eradication of diseases, homelessness, and other social problems. Not only will social problems continue to be rampant, but attitudes such as hatred and fear will continue to prevail, thus causing barriers to be raised and prevent joint cooperation and negotiations in order to solve social, economic, and political problems. According to Hauss, we as a global community, tend to view the political process in win-lose or zero-sum terms. It is because of this way of thinking that leads us to resort to violence as a way to solve disputes rather than talking them out in civil discourse. According to Einstein, we are drifting towards the unparalleled catastrophe of nuclear war. (Hauss, 2012) We continue to break ourselves down into groups normally based along nationality, religion, social status, and other categories instead of just being human. As we break ourselves up into these groupings, we tend to take upon ourselves a different identity instead of one common identity. With these different identities are different values and beliefs, which may not mesh with another group’s identity. This can and normally does lead to differences of opinions between groups, making it difficult, if not nearly impossible to find a common denominator. A good example would be the civil war that occurred after the death of then Yugoslavian president Marshal Josip Tito. Upon Tito’s death in May of 1980, Yugoslavia was thrown into chaos as the different ethnic groups wanted their share of the proverbial pie. This led to the civil war between the Serbian, Croatians, and the Bosnians which began with the Croatians and Slovenians declaring their independence in 1991, followed shortly by Macedonia. The civil war in the FRY (Former Republic of Yugoslavia) lasted until the Dayton Peace Accords were signed in November of 1995 by the leaders of Bosnia-Herzegovina, Croatia, and the Former Republic of Yugoslavia. It is  because of differences in the way groups think, that if left unchanged, will lead to what Einstein describes because of the barriers we put up, making the ability for all groups to work together as one cohesive unit extremely difficult. REFERENCES Hauss, Charles, (2012) Comparative Politics: Domestic Responses to Global Challenges: Eighth Edition.

Capitalism: Does It Cause or Alleviate Poverty?

Capitalism: Does it cause or alleviate poverty? By: Zahoor Khan [email  protected] com To tackle the issue of poverty has been remained a massive challenge in the known history of human civilization for all global economic isms of the world. Each economic ism has its own strategies to address this issue. Capitalism tries to resolve the issue of poverty on the basis of demand supply forces.Capitalism is generally considered to be a philosophy of economic systems that favors private ownership of the means of production, creation of goods or services for profit or income by individuals or corporations, competitive 1 markets, voluntary exchange, wage labor, capital accumulation, and finance . There may be two possible solutions of the issue of poverty in Capitalism. Firstly, each individual economic agent has monetary incentives to work and perform various economic activities. Thus monetary incentives stimulate the economic agents towards the performance of various economic activities. This may be considered as an indirect solution of poverty in context of Capitalism. Secondly, individuals possess ownership rights. They can possess various productive resources and have the right to use these resources for production and consumption purposes. Each economic agent (Consumer Producer, Government) is assumed to be rational and will therefore try to optimally utilize their resources in their best interests. Thus, this behavior works as an automatic stabilizer in the 1 http://en. wikipedia. org/wiki/Capitalism economy to resolve the economic issues including the issue of poverty of all masses.The in-depth analysis of the system reveals that both possible solutions of the issue of poverty suggested by the system are factitious. The first solution is viable if fortunately all people become part of the labor force in an economy. This solution does not take into consideration children, housewives, old men and women, insane, and permanently disable people that from where they can access to the basic facilities (food, shelter, hospital†¦). The second solution is based on the assumption that all the people of the economy possess some productive resources, which is unrealistic.This assumption may be questioned in many ways: From where the people will get the economic resources? What will be the way of acquisition of resources? All the people cannot participate in the labor force, then how these people will acquire economic resources etc. One other possible way may be the intervention of government, to take some steps towards the solutions of the issue. This method is feasible as compared to the earlier methods. Unfortunately, this method is not very effective to address the issue because of many hurdles.Poverty is a multidimensional phenomenon which cannot be effectively addressed only with the help of the government. This issue requires multidimensional measures at the micro, Meso and macro levels. The issue of poverty is considered as a social issue in Capitalism. The society, in capitalism is divided on the basis of ‘have’ and’ have not’. The upper class, ‘the capitalists’ controls the entire economy on the basis of their capital while the ‘worker class’ cannot own capital irrespective of their efforts in the process of production. Thus capitalists accumulate more and more wealth on the basis of their capital.This phenomenon naturally intensifies the earning gap between the two classes. The ultimate outcome of this process will be in the form of macroeconomic evils i-e income inequality, poverty, accumulation of wealth. The issue of poverty gives sub-birth to many social and economic issues. Some important of them may be in the form of income disparity, class conflict, and deprivation. The philosophical foundation of Capitalism can make it more clear that whether the system has the required potential to resolve the issue of poverty effectively or otherwise. Capitalism is ba sed on three philosophical pillars. i.Materialism ii. Individualism iii. Hedonism. Capitalism as a living ideology believes in a materialistic world view. According to this philosophy all human needs and desires are subject to material satisfaction i-e whatever is needed/desired will be satisfied in this material world because there is no concept of the world hereafter. So unlike an Islamic consumer, a capitalist consumer will be always conscious about his material utility and will therefore try to spend all his money on material commodities. The second important element of Capitalism’s philosophical foundation is â€Å"individualism†. Individualism refers to ndependent behavior of economic agents to accomplish their economic goals. According to this concept all people’s interests are independent from each other’s. Each individual has to work for his own personal goals. Thus, the resulting outcome of this behavior will be in the form greed, unconsciousnes s about other’s rights, immorality in business practices, weakness of social bond etc. The last foundation of Capitalism, as a living ideology is ‘Hedonism’. Hedonism refers to a philosophy where one’s become pleasure seeker and ‘self-centered’ while to accomplish various goals. Hedonism is the logical consequence of ‘Individualism’.Looking into the philosophical foundations and ideological structure of capitalism it seems that the capitalism is a byproduct of human reason which promotes individualisms, self satisfaction as a supreme priority, greed, unconsciousness about other’s rights and unconsciousness about the overall welfare of the society. In the light of these logical consequences resulting from the Capitalism, The system will ultimately worse off the poor and marginalized people, followed by the increasing gap between the poor and rich and thus the extreme level of living standards and provision of many social and sub-economic issues†¦

Military History Timeline From 1401 to 1600

The military history of the 1400s and 1500s was full of battles in the Hundred Years War between France and England and was marked by the life and death of Joan of Arc. This chunk of history saw the fall of the Byzantine Empire, the final outcome of the English Wars of the Roses, the Eighty Years War, the Thirty Years War, and the Nine Years War, among many other bloody conflicts. The 1400s and the Hundred Years War On July 20, 1402, Timur won the Battle of Ankara in the Ottoman-Timurid Wars. A year later, on July 21, 1403, in Britain, Henry IV won the Battle of Shrewsbury. The Teutonic Knights were defeated July 15, 1410, during the Polish-Lithuanian-Teutonic War at the Battle of Grunwald (Tannenberg). In the ongoing Hundred Years War, Henry V besieged and captured Harfleur from August 18 to September 22, 1415. Later the same year, on October 25, the French forces were beaten by Henry V at the Battle of Agincourt. On January 19, 1419, Rouen, France surrendered to the English king Henry V. The Hussite Wars began July 30, 1419, with the First Defenestration of Prague. Scottish and French forces defeated the English at the Battle of Baugà © on March 21, 1421, in another battle of the Hundred Years War. On July 31, 1423, the English won the Battle of Cravant. The Duke of Bedford won the Battle of Verneuil on August 17, 1424. On September 5, 1427, French forces broke the siege of Montargis. The Hundred Years War continued to rage through the decade. From October 12, 1428, to May 8, 1429, the Siege of Orleans was waged, with Joan of Arc eventually saving the city. On February 12, 1429, Sir John Fastolf won the Battle of the Herrings. Toward the end of the decade, on June 18, 1429, the French won the Battle of Patay. In a decisive and history-making moment of the Hundred Years War, Joan of Arc was executed at Rouen on May 30, 1431. The Hussites won the Battle of Taus on August 14, 1431, during the Hussite Wars. The Hussite Wars conflict effectively ended May 30, 1434, following the Battle of Lipany. The Fall of the Byzantine Empire and the End of War The Hundred Years War continued on April 15, 1450, when the Comte de Clermont defeated the English at the Battle of Formigny. The Second Ottoman Siege of Constantinople was conducted from April 2 to May 29, 1453, resulting in the fall of the Byzantine Empire and effectively ending the Byzantine-Ottoman Wars. The English army, under the Earl of Shrewsbury, was beaten at the Battle of Castillon on July 17, 1453, an event that put an end to the Hundred Years War. The Wars of the Roses The Wars of the Roses began May 22, 1455, when the First Battle of St. Albans resulted in a victory for the Yorkist cause. The House of York enjoyed another victory in the ongoing conflict on September 23, 1459, when the Earl of Salisbury won the Battle of Blore Heath for the Yorkists. The conflict continued on July 10, 1460, when King Henry VI was captured during the Battle of Northampton. Richard, Duke of York was defeated and killed at the Battle of Wakefield on December 30, 1460. The Yorkists won the Battle of Mortimers Cross on February 2, 1461. Edward IV was proclaimed king on March 4, after the Lancastrian forces won the Second Battle of St. Albans on February 17, 1461. Edward IV triumphed at the Battle of Towton March 29, 1461. In Japan, a dispute between Hosokawa Katsumoto and Yamana SÃ… zen escalated into the Onin War, which was waged from July 1467 to July 1477. Back in England on July 26, 1469, the Lancastrians won at the Battle of Edgecote Moor in the still-ongoing Wars of the Roses. The Earl of Warwick was killed at the Battle of Barnet on April 14, 1471, in another decisive moment of the Wars of the Roses. Edward IV reclaimed the throne on May 4 of that year, after winning the Battle of Tewkesbury. Portugal was defeated at the Battle of Toro in the War of the Castilian Succession on March 1, 1476. War Begins and Ends for France and England Over in France, the Burgundian Wars erupted when Duke Charles of Burgundy was beaten at the Battle of Granson on March 2, 1476. Swiss forces defeated the Duke of Burgundy at the Battle of Murten (Morat) on June 22, 1476. Duke Charles was defeated and killed at the Battle of Nancy on January 5, 1477, ending the Burgundian Wars. It was the beginning of the end for the Wars of the Roses on August 22, 1485, when Henry Tudor triumphed at the Battle of Bosworth Field and became King Henry VII. The final engagement of the Wars of the Roses was fought at the Battle of Stoke Field on June 16, 1487. The Reconquista ended January 2, 1492, when Spanish forces captured Granada from the Moors, ending the conflict. Sixty-three years of conflict began in October 1494 with the French invasion of Italy, the event that launched the Italian Wars. 1500s Military Conflicts Begin French forces won the Battle of Ravenna April 11, 1512, in a decisive moment of the War of the League of Cambrai. In the next chapter of the conflict, the Scottish forces were crushed at the Battle of Flodden on September 9, 1513. Elsewhere in the world, Ottoman forces won the Battle of Chaldiran over the Safavid Empire on August 23, 1514. The War of the League of Cambrai continued September 13 and 14, 1515, when the French defeated the Swiss at the Battle of Marignano. Imperial and Spanish forces defeated and captured Francis I at the Battle of Pavia on February 24, 1525, as the Italian Wars continued to unfold. War Erupts Outside of Europe Babur won the First Battle of Panipat in the Mughal Conquests on April 21, 1526. In the Ottoman-Hungarian Wars, the Hungarian forces were badly defeated at the Battle of Mohacs on August 29, 1526. In the ongoing Mughal Conquests, the forces of Babur defeated the Rajput Confederation to conquer northern India on March 17, 1527. Imperial troops sacked the city of Rome on May 6, 1527, in a dark moment of the Italian Wars. The Ottoman-Habsburg Wars continued to rage from September 27 to October 14, 1529, when the Ottomans besieged Vienna but were forced to retreat. Swiss Catholics defeated the Protestants of Zurich at the Battle of Kappel on October 11, 1531, during the Second War of Kappel. In 1539, Humayan was defeated by the Sher-Shah at the Battle of Benares. The 1540s Bring War Back to England English naval commander Sir Francis Drake was born in Tavistock, Devon in 1540, during the Anglo-Spanish War. The conflict heated up on November 24, 1542, when the Scottish forces were beaten at the Battle of Solway Moss. Emperor Galawdewos won the Battle of Wayna Daga on February 21, 1543, during the Ethiopian-Adal War. Scottish troops defeated the English at the Battle of Ancrum Moor on February 27, 1545, during the Anglo-Scottish Wars. During the Schmalkaldic War, protestant forces were beaten at the Battle of Mà ¼hlberg on April 24, 1547. The Anglo-Scottish Wars continued when the English won the Battle of Pinkie Cleugh over the Scots on September 10, 1547. Mughal forces defeated rebels at the Second Battle of Panipat on November 5, 1556. The Battle of Kawanakajima, a conflict between Takeda and Uesugi forces, was waged on September 10, 1561, in Japan. Decades of War The forces of Oda Nobunaga conducted the successful siege of Ishiyama Hongan-ji from August 1570 to August 1580 in Japan. The Holy League defeated the Ottomans at the decisive Battle of Lepanto on October 7, 1571, ending the Ottoman-Habsburg Wars. Mughal forces won the Battle of Tukaroi over the Sultanate of Bangala and Bihar on March 5, 1575. Albrecht von Wallenstein was born in Bohemia September 24, 1583, during the Thirty Years War. English naval forces raided the Spanish port of Cadiz from April 12 to July 6, 1587, during the Anglo-Spanish War. In battles raging from July 19 to August 12, 1588, English naval forces defeated the powerful Spanish Armada. English and Dutch forces captured and burned the Spanish city of Cadiz from June 30 to July 15, 1596. Maurice of Nassau won the Battle of Turnhout on January 24, 1597, during the Eighty Years War. English forces were beaten at the Battle of Curlew Pass on August 15, 1599, during the Nine Years War. The Eighty Years War continued through the end of the 1500s when the Dutch won a tactical victory at the Battle of Nieuwpoort on July 2, 1600.

Abuses of power in the Kenyan Constitution - Free Essay Example

Sample details Pages: 13 Words: 3838 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Topics: Power Essay Did you like this example? Introduction Kenya has made momentous strides towards grasping meaningful democracy principles with the promulgation of the new Constitution on 27th of August 2010[1]. As a result of these democratization initiatives, the power of the executive has been abridged and that of the legislative and judiciary considered autonomy. Hence, the Constitutional of Kenya recognises separation of powers and its allocation of powers to different organs of state as a permanent feature. Don’t waste time! Our writers will create an original "Abuses of power in the Kenyan Constitution" essay for you Create order Taking note of limits being imposed on the state powers in line with the principle of separation of powers as articulated by the former French theorist Montesquieu[2], it is now evident that all powers to be exercised in public functions, must flow from the constitution as the Kenyan Constitution[3] is regarded as the supreme law of the land[4]. Hence, any law inconsistence with it is regarded as null and void. Despite these significant gains abuse of power still strive as going to be conversed in the analysis below. Framework of Kenya The Constitution may be defined in terms of governance as the law that seeks to define, distribute and constrain the use of state power so that power is applied to the objectives for which it was invented and in the manner in which it was intended[5]. The Constitution of Kenya, 2010 has laid great emphasis on transparent, accountable and democratic governance[6] to ensure they do not deploy state power in a manner that does not efficiently aid th e welfare of the people. Concept of accountability within the framework of Kenya Accountability exists where persons in authority are answerable for their actions and there is transparency in leadership.[7] For instance, the Executive is to be restructured by reinforced checks and balances from other institutions.[8] The Constitution of Kenya 2010 outlines national values and principles of governance[9] by introducing far reaching changes to Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s system of governance. The Constitution created a decentralized system of government characterized by two levels of government, that is, the national government and the county governments[10] to correct deficiencies of centralized system of government blamed for promoting and sustaining bad governance in Kenya[11]. The Constitution 2010 indorses a compromise on decentralisation, in an attempt to enable the judiciary to carry out its functions. The judiciary has the power through judicial review mechanisms to assess executive and administrative conduct or actions of the state, state organs, state departments, and state officials.[12] Closely related to the concept of accountability is the doctrine of the Rule of Law which is one of the most important political ideals of all time[13]. It is the principles of governance in which all persons, institutions and entities are accountable to laws publicly promulgated and enforced[14]. A practical understanding of the rule of law requires officials to obey the law, and apply rules as set with all the caution and courtesy to fairness secured on such ideals as natural justice, and procedural fairness. The rule of law is violated when these institutions are undermined or interfered with. Doctrine of separation of power The doctrine of separation of power is said to be a bourgeois political legal theory that claims that state power is not a single entity but rather a composite of different governmental carried out by state bodies independently of each other. The Doctrine of Separation of powers includes the following distinct but overlapping aspects that is; It is an Institutional separation of powers due to the need to have three major institutions thus, the legislature enacting laws, the executive enforcing laws and the judiciary interpreting laws. It also has an element of Functional separation of powers in that state power or functions must be vested and exercised by three separate organsthat arelaw making, enforcement and interpretation, thus each organ having its discrete and defined area of power[15]. There is also an element of Separation of personnel in that no person should be a member of more than one organ.[16] Lastly the doctrine of separation of powers has an element of limitation of appointing powers as state organs should not appoint or elect members for each other. Separation of powers principles protects both individuals and each branch of government from incursion by the others.[17] The doctrine of the separation of power is distinctively highlighted in the constitution, 2010[18]. Separation of powers in the Kenyan Constitution The Kenyan Constitution modifies the relationship between the Judiciary, the Legislature and the Executive by reintroducing cornerstone principles of the constitutionalism supremacy, parliamentary sovereignty and judicial independence[19]. The Constitution of Kenya, 2010 gives the concept of separation of powers a two pronged approach. State power has been separated and dispersed both vertically and horizontally[20]. In this way each of the branches shall be a check to the others each must be confined to the exercise of its own function and not allowed to encroach upon the functions of the other branches. The theory is based on the assumption that all the three organs of the government are equal yet in most cas es, the executive is more powerful. The three arms of government The Legislature Under the previous constitution, Parliament had only one chamber[21]. After implementation of the 2010 Act, the Parliament now has two chambers, the National Assembly and the Senate[22]. The main function of the legislature is to protect the Constitution, promote democratic governance and make laws.[23] In particular, the independence of the legislature is guaranteed by the Constitution through the establishment of the Parliamentary Service Commission[24]. The National Assembly together with the Senate acts as a control and critic of the Government[25]. It reviews the conduct of the President, the Deputy President and other state officers and initiates the process of their removal from office[26]. The Senate comprises 47 members elected by registered voters of the counties[27]; each county represented by one member. The Senate enjoys powers to impeach the President, vote on the laws relating to the amendment of the Constitution and the authority to approve the appointment of public officials[28]. In exercising this function, they must obey the constitution. THE EXECUTIVE The Executive is the arm of government that implements government laws and policies[29], role neither performed by the Judiciary, nor the Legislature. The executive has its share of power consisting of the President, the Deputy-President, the Attorney-General and the Cabinet Secretaries[30].Cabinet Secretaries shall not be members of the National Assembly (Parliament) even though they get approval from the parliament[31]. The Executive authority is vested in the President with the assistance of the Deputy President and Cabinet Secretaries[32]. Under the Constitution of Kenya 2010, there will be established 47 counties in Kenya. Each county will have its own system of elected government as well as an elected Governor. The Governor is directly elected by the voters in the county and appoints an execut ive committee from amongst people who are not members of the county assembly[33]. The 2010 Constitution enshrines a presidential system of government[34]. The President, the Deputy President, and the Cabinet exercise the executive authority derived from the people of Kenya[35]. THE JUDICIARY The second organ is the judiciary whose main function is to interpret and apply the law. It comprises courts, judges and magistrates[36]. The judiciary determines disputes which arise between individuals, and those arising between individuals and the State. One of the issues for judicial reforms intended to be resolved by the New Constitution was the need to have a more independent and transparent judiciary.[37] However, the efficacy of the Judiciary in honouring its mandate is founded on the substantive and procedural independence granted to it[38]. Institutional independence is therefore paramount to guard the constitution, the rule of law and fundamental justice[39]. The New Constitutio n attempts to address this concern by creating an all-encompassing and accountable Judicial Service Commission[40] as an independent mechanism for appointment of judges[41]. Checks and balances It is now generally accepted that the Judiciary, like its counterparts in the executive and the legislature, must be held accountable to the discharge of its constitutional mandate of judicial function. Indeed, accountability has been called the other side of the coin of the independence of the Judiciary. Separation of powers is not absolute; it is instead qualified by the doctrine of checks and balances The key concerns of over-centralisation of power in the office of the President are addressed by ensuring checks on executive power through periodic reporting to the National Assembly[42]. The legislature also checks the executive through reserving the power to impeach a President[43], while the executive on the other hand checks the legislature through presidential assent to make a bill law[44]. The judiciary on its part checks the executive and legislature through its power of review[45]. Conversely the executive and legislature check the judiciary through determining the appointment of the members of the judiciary[46]. The legislature exercises its oversight role in a number of ways. As mentioned above, the appointment of certain members of the Executive is subject to approval by the National Assembly[47]. In addition, Parliament is required to consider for approval the appointment of certain office bearers in the judicial arm, such as the Chief Justice and Deputy Chief Justice[48]. This was affirmed by The High Court in Centre for Rights Education and Awareness (CREAW) and Others v The Attorney General[49], where the applicants challenged as unconstitutional the Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s nomination of certain individuals to the offices of Chief Justice, Attorney General, Director of Public Prosecutions, and Controller of Budget .In this way, the Court ex ercises oversight of the National Assembly, even where the National Assembly itself is exercising the oversight responsibility of the Executive. In this way each of the branches shall be a check to the others and no single group of people will be able to control the machinery of the state[50]. In addition to the above three perspectives of the horizontal separation of powers, the architecture and design of the Constitution take a plural approach to the organisation of the legislature in the form of a bicameral institution thus creating a further dispersal of power.[51] However A complete separation of the three organs may lead to constitutional deadlock (d isunity of powers). Thus, a complete separation of powers is neither possible nor desirable powers of president. Likewise in other countries[52], doctrine of separation of powers is not applied strictly and absolutely in Kenya. In modern countries, therefore, there is always some overlapping of functions. For example: Legisl ation has become so far-reaching and complex that Parliament cannot enact all of it. Acts of Parliament must leave details to be filled in by regulations made by other authorities, usually Ministers. Hence the Executive branch must be given some law-making powers. Also, the role of government has expanded so greatly that many decisions which affect peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s lives must be made quickly, and some of these decisions require specialised knowledge which is not possessed by judges or magistrates. Many of these decisions are made by administrative tribunals established by and answerable to Ministers. Hence the Executive branch is increasingly given judicial powers. This is not necessarily undesirable so long as the tribunal obey the basic standards of fairness laid down by the law and courts are able to review their decisions. It is recognised in Kenya also that judges do not just interpret the law. They develop and adapt the law to take account of changing circumstances, a nd in that way they actually make law. Hence the judicial branch has some law-making or legislative powers, but this power should not go beyond refining and developing existing law. Conclusion The Constitution promulgated on 27 August 2010 is not anyoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s perfect document. For those who had struggled against Moià ¢Ã¢â€š ¬Ã¢â€ž ¢s regime, it changes too little. For the governing elite and its supporters, it changes too much. It also leaves considerable space for institutions and their relationships with one another to develop. But the tale of the determination of Kenyans in pursuing constitutional change may give some indications of the future. that many Kenyans will use the Constitution as a basis on which to build a strong democratic order. Conclusively, The Constitution promulgated on 27 August 2010 is not any personà ¢Ã¢â€š ¬Ã¢â€ž ¢s perfect document. For those who struggled under the previous regimes, it changes too little. For the governing elite and its supporters, it changes too much. It also leaves considerable space for institutions and their relationships with one another to develop. But the tale of the determination of Kenyans in pursuing constitutional change may give some indications of the future. the new Constitution establishes rules, values, and principles that, if realized through strong implementation and legislative measures, can contribute significantly to attaining justice and a just society based on the rule of law that many Kenyans will use the Constitution as a basis on which to build a strong democratic order. What the country emerged with is a compromise document that accommodated the interests of all groups that strenuously sought representation. Read more at: https://www.standardmedia.co.ke/article/2000132919/despite-political-hiccups-2010-constitution-is-a-godsend/ Criticism of article Juristerred in that he wasted oceans of ink and mountains of paper in trying to define doctrine of separation of powers e there are not always clear dividing lines between administrative, legislative and judicial functions jurists have and in a modern State there must be a great deal of co-operation and interaction between the Executive and the Legislature, in particular, if the States business is to be efficiently conducted. Second find jurist who supports separation of powers of journals as below A strict separation of powers system could prove catastrophic althoughà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..wrote a journal upholding doctrine of separation of powers in Kenya.in a bid to allocate functions to the three arms of the government,[53] there was to be elimination of the appointment of Cabinet Ministers from within parliament and relying on technocrats rather than politicians. This may result in the Kenyan presidency in the near future becoming even less answerable to the wishes of the electorate while the legislature/parliament sinks into irrelevancy. This is mainly because Kenyan MPs a re not U.S. Senators or Congressmen; the system of parliamentary committees is but new and weak. Individuals become Members of Parliament, after expending vast sums of money. But national development needs to be directed by a strong executive if it is not to get out of hand and wasted in a sea of corruption. The Judicial Service Commission (JSC) conduct the appointment of judicial officers[54]. The JSC shortlist successful candidates for the position of the Chief Justice and Deputy Chief Justice and hands them to the president[55] to pick from the list the preferred candidate giving the judiciary (JSC) some political autonomy somehow[56]. The judicial independence is two pronged consisting of institutional independence and judicial independence. Institutional independence is where the judicial arm of government is independent from the executive and legislative arm while the judicial independence is whereby a judge is able to decide cases solemnly based on the law and the facts wi thout external interferences.[57] Third Nevertheless, this manner of judicial appointments poses acute constitutional, policy and ethical questions. For example, the relevance of open interviews as a basis of approval and appointment[58], the essence of Section 129 of the evidence Act[59] which provides that judges and magistrates should not be subjected to procedures that may undermine the discretion of the judicial function and the judicial offices before the public. Institutional independence is enforced to ensure security of judicial officers against any external pressure that may jeopardize the dispensing of justice. [1] Kenya promulgated the new constitution on 27th August 2010, regarded as the most striking accomplishment in governance in Kenya since attaining freedom in 1963. See also Philip J. Crowley. 2011. Implementation of Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s New Constitution. [2] The principle of separation of powers among the various arms of government may be traced from the French writer, Charles Louis de Montesqui in his, à ¢Ã¢â€š ¬Ã…“The Spirit of the Lawà ¢Ã¢â€š ¬Ã‚  in which he argues that separation of powers ensures that the functions, personnel and powers of the major institutions of the state are not concentrated in one body. It ensures diffusion rather than a concentration of power within the state, the fundamental purpose being to avoid the abuse of power and thereby to protect the rights and the liberties of the citizens. [3] The Constitution of Kenya[Kenya],27 August 2010, available at: https://www.refworld.org/docid/4c8508822.html [accessed 01 September 2014] [4]See P reamble of the Constitution 2010. Article 2 of the Constitution of Kenya, 2010 asserts Supremacy of the Constitution over other laws of Kenya and binds all persons and state organs at both levels of government. [5] See, John Mutakha Kangu, à ¢Ã¢â€š ¬Ã…“The Social Contract Arian Conceptualisation of the Theory and Institution of Governanceà ¢Ã¢â€š ¬Ã‚ , Moi University Law Journal, p. 21. [6] See, the Preamble of the Constitution of Kenya, 2010; See also, Article 10 thereof. [7]The role of the Judiciary in the accountability and governance of the devolved Government Structure Presentation to the Institute of Certified Public Accountants of Kenya (ICPAK) 20th Economic Symposium at the Hilton Hotel, Nairobi, February 24, 2012.Prof Ben Sihanya, JSD (Stanford). [8] Although a strong Executive will still be enforce, the new reforms limit its power vis-ÃÆ'  -vis the legislature and judiciary. See Brian Kennedy and Lauren Bieniek. 2010. à ¢Ã¢â€š ¬Ã…“Moving forward with constitutional reform in Kenya,à ¢Ã¢â€š ¬Ã‚  A Report of the Center for Strategic and International Studies (CSIS), Africa Program, Washington, D.C. [9] See Article 10 [10] See Article 189 [11]See Supra note 7 above. [12]See Gichira Kibara (2011) à ¢Ã¢â€š ¬Ã…“Reforming the Judiciary: Responsiveness and accountability of the Judiciary,à ¢Ã¢â€š ¬Ã‚  A study under the auspices of the Friedrich Ebert Stiftung (FES) and University of Nairobià ¢Ã¢â€š ¬Ã¢â€ž ¢s Department of Political Science Public Administration, Occasional Paper Series, Nairobi, presented at the FES workshop, Nairobi Safari Club. Mr Kibara is the Ag, Permanent Secretary, Ministry of Justice National Cohesion and Constitutional Affairs. [13] Liam Murphy, à ¢Ã¢â€š ¬Ã‹Å"The Political Question of the Concept of Law,à ¢Ã¢â€š ¬Ã¢â€ž ¢ in: (Jules Coleman ed.), Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s Postscript: Essays on the Postscript o The Concept of Law, 371(2001). [14] Kempe Ronald Sr. 2012. The Political Eco nomy for Democratic Country of Kenya. Continuum International Publishing Company. [15] Supra note 2 above. [16] As an example, Ministers (cabinet secretaries) are not part of the legislature. See Article 152(3). See also, Wade Phillips. 2011. Constitution and Administrative Law [17] Stern, 131 S. Ct. at 2609 (quoting Bond v United States. 131S. Ct. 2355, 2365. 2011) [18] The powers of the Government under the Constitution of Kenya 2010 are divided into 3 functions mainly the executive function at national and county levels, legislative function at national and county levels and the judicial function.See Article 1 [19] Constitutional Supremacy entails that the constitution stands as the highest law of the land thus summum lege. Parliamentary sovereignty entails that the Parliament has unlimited legislative powers when legislating. It cannot therefore be bound by the courts or the executive. [20] Vertically, this power has been divided, separated and dispersed in ter ms of the different levels of governance; namely, the National government and the County government. In this way each of the branches shall be a check to the others and no single group of people will be able to control the machinery of the state. Power at the national level of governance is further divided, separated and dispersed horizontally into different departments of government in terms of the traditional three organs of state; namely, the legislature, executive and judiciary. See Lon L. Fuller. The Morality of Law, 1969, 46-91. See also Human Rights, Separation of power and devolution in the Kenyan Constitution. 2010. Comparison and lessons for EAC member states. By Prof. Christian Roschmann, Mr. Peter Wendoh Mr. Steve Ogolla [21] [22] Article 93 [23] [24] Article 95 (4) [25] See Article 95 and 96 [26] Article 95 (5) [27] Article 98 [28] Article 96 [29] University of London. Constitutional Fundamentals: Separation of Powers, p. 45. [30] Article 130 [31] Article 152(10) [32] Article 131 [33] [34] See M Bockenforde, à ¢Ã¢â€š ¬Ã‹Å"The Design of the Executive Branchà ¢Ã¢â€š ¬Ã¢â€ž ¢, in M BÃÆ' ¶ckenfÃÆ' ¶rde, N Helding, and W Wahiu. A Practical Guide to Constitution Building, International Institute for Democracy and Electoral Assistance (International IDEA) (2011), 146à ¢Ã¢â€š ¬Ã¢â‚¬Å"182. [35] See Arts 129 and 131. [36] Art 159. The courts include Magistrate courts, High Courts, Constitutional Court and Supreme Court of Appeal as well as any other court that maybe created and officers of the Courts including, the Chief Justice, the Attorney General, Judges and Magistrates who are protected by law. [37] Ochich, G.à ¢Ã¢â€š ¬Ã‹Å"The Changing Paradigm of Human Rights Litigation in East Africa.à ¢Ã¢â€š ¬Ã¢â€ž ¢Nairobi: International Commission of Jurists Publication, 2007 (5): 29. According to the author, the Executive-Judiciary partnership during the colonial era sowed the seeds for what has manif ested itself in form of a refined apparent friendship that has persisted between the judiciary and executive arms of government. This has been unfortunate, considering that the most serious incidences of human rights abuse are often orchestrated by or with the complicity of the executive.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [38] As noted by the Special Rapporteur on the Independence of Judges and Lawyers à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã¢â€ž ¢The Provincial judges Referenceà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 3 SCR the court stated that institutional independence is fundamental because of increased role in dispute resolution. Institutional independence is therefore paramount to guard the constitution, the rule of law and fundamental justice. See also P, Cumaraswamy, à ¢Ã¢â€š ¬Ã‹Å"The Independence of the Judiciary: A Human Rights Priorityà ¢Ã¢â€š ¬Ã¢â€ž ¢ United Nations Background Note, 1996. The concept as enunciated by various legal instruments and extant literature requires States to establis h independent and impartial tribunals to give effective remedies for the realisation of human rights. See, for instance, Articles 8 and 10 of UDHR, Article 14 of ICCPR, Article 26 of ACHPR, Article1 of the Universal Charter of the Judge, 1999 and the Bangalore Principle on Judicial Conduct, 2002 [39] Hon. Mr. Justice AlnashirVisram. Role And Responsibility Of The Courts Under The Constitution Of Kenya, 2010. Accessed at https://www.kenyanlaw.org (Asses 24/08/2014) [40] See Article 251 of the Constitution of Kenya. Members of The Judicial Service Commission apart from the Chief Justice and the Attorney General hold office for a term of five (5) years. [41] See Article 172(1) of the Constitution of Kenya. The functions of the Judicial Service Commission are to promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice. [42] [43] [44] [45] [46] [47] [48] [49] [50] M.J.C Vile, à ¢Ã¢â€š ¬Ã…“Constitutionalism and the Separation of Powersà ¢Ã¢â€š ¬Ã‚ , in: Francois Venter (ed.) Constitutional Comparison: Japan, Germany, Canada South Africa as Constitutional States, Cape Town: Juta Co., Ltd, 2000, p. 212.13 [51] Kenyaà ¢Ã¢â€š ¬Ã¢â€ž ¢s 2010 Constitution [52] [53] [54] The Judicial Service Commission (JSC) conducted interviews from May 3-12 2011 to nominate the Chief Justice, and the Deputy Chief Justice. The interviews were conducted in the open and aired live by the media. In accordance with the 2010 Constitution, the public participated in the process by sending their questions, comments and opinions to the interview panel who then posed such questions or comments to the interviewees [55] Article 172(1) of the Constitution of Kenya [56] In April 2011, after the President withdrew his nomination of Justice Alnasir Visram as the Chief Justice, and deferred to the JSC, the Commission conducted public interviews of the cand idates short-listed for the offices [57] Harry Stephen Aranda The extent of judicial independence and separation of powers under Kenyan legal system. Sep 18. 2013. [58] Under Article 166 of the Constitution of Kenya, 2010 [59] Cap 80, Laws of Kenya. under section 6 of the Judicature Act, Chapter 8 of the Laws of Kenya provides for judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ professional immunity in these terms: à ¢Ã¢â€š ¬Ã…“No judge or magistrate and no other person acting judicially, shall be liable to be sued in a civil court for an act done by him in the discharge of his duty whether or not within the limits of his jurisdiction, provided he, at the time, in good faith believed himself to have jurisdiction to do or order the act complained ofà ¢Ã¢â€š ¬Ã‚ ¦