Years of reading judgments from a number of African countries have left me with many questions. Few have troubled me more, though, than the differing approach by the judiciary to this issue: whether a judge’s voice should ever be heard on any matter other than the legalities of the case being considered.

I regularly read through scores of decisions delivered by appeal judges. The criminal cases are about as horrific as it is possible to imagine. But so often the judge or judges involved say not one word about the despicable nature of the crime that was committed. It is as though they see their work as a mechanical measuring of the proven facts against the standards of the law, and that their duty ends once that decision is made...

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