Alvin Attalo is an LL.M candidate at the University of Kent, pursuing his Masters in International Human Rights and International Criminal Law. He is an Advocate of the High Court of Kenya with a Post Graduate Diploma from the Kenya School of Law and a Bachelor of Laws degree from Moi University School of Law. Alvin has a keen interest in Transnational law with a specific focus on international human rights, refugee law and international criminal law. Alvin is also an expert on matters EAC Treaty Law and Regional Integration, having handled a number of assignments pertaining the same in the East African Community.
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Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi
On the 12th July 2024, the Supreme Court of Kenya (SCORK) rendered its decision on an appeal by the Director of Public Prosecutions which challenged the Court of Appeal (CoA) judgment that had overturned the High Court’s ruling in ...
Testing the Limits of the Right to Peaceful Demonstration under the 2010 Constitution: Kenya’s 2024 Finance Bill
Kenya has for the past three weeks been thrust into the international scene due to demonstrations under the hashtags #RejectFinanceBill2024 and #Rutomustgo. The demonstrations advocated for the rejection of the 2024 Finance Bill which ...
The Kenyan Court of Appeal’s BBI Judgment – V: To Be Or Not To Be – The Eternity Clauses Within the 2010 Constitution
[This is the fifth post in the OxHRH Blog's ongoing series on the Kenyan Court of Appeal's landmark judgment in the set of cases known as the BBI Appeals. For earlier posts: Part One; Part Two; Part Three; Part Four.]
As the ...
Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions
The Kenyan Supreme Court has overturned a Court of Appeal decision which found that the forceful eviction of the inhabitants of Mitumba village was not in violation of their fundamental rights and freedoms. The appellate decision, ...
Kenyan Lessons on the right to education as a human right amidst the Covid-19 Pandemic
In BPA v Directors, Brookhouse Schools, a group of parents ofminors at Brookhouse Schools, a private school, challenged the introduction of the virtual learning programme, following the shutdown of schools by the Ministry of ...
Fighting for fair representation for women through dissolution of the Kenyan Parliament
In the Chief Justice’s advice to the President, Kenya’s current Chief Justice David Kenani Maraga has advised the President to dissolve parliament for failing to enact legislation that ensures gender equality as guaranteed under the ...
Using Human Rights to Protect the Environment in Kenya
Kenya’s Environment and Land Court recently awarded the inhabitants of Owino-Uhuru village in Mombasa, damages worth 1.3 billion Kenyan Shillings and further directed that 700 million be dedicated towards an environmental clean-up ...
Vicarious liability for acts of sexual and gender-based violence by teachers in Kenya
In Teachers Service Commission v WJ & 5 others [2020] eKLR, the Court of Appeal held that the Teacher’s Service Commission (TSC), a body with the constitutional responsibility to employ and exercise disciplinary control over ...
Kenyan High Court breaks rank with Supreme Court on the right to prompt notification for reasons of arrest
In Mohamed Feisal& 19 others v Henry Kandie et. Al. the Kenyan High Court departed from a decision by the Supreme Court of Kenya (SCORK) in the Hussein Khalid case. It held that the arrest of an individual without informing them ...
The Kenyan Supreme Court Overturns Presidential Election Results: Of Forms 34As, Bs and Cs
On 8 August 2017, Kenya held her second General Election under the 2010 Constitution. This was the first time an elaborate regime of electoral laws had been used to introduced the Kenya Integrated Electoral Management System (KIEMS); ...
The Devil’s in the Dictum: the Kenyan Court of Appeal Wishes Away the Inviolability of the Right to Hold a Religious Belief
High school students subscribing to the Seventh Day Adventist faith have cause for celebration. In Seventh Day Adventist Church (East Africa) Limited v Minister for Education & 3 others, Kenya's Court of Appeal moved to guarantee ...
A Win For The Freedom Of Expression In Kenya: Criminal Libel Is Unconstitutional
The Kenyan High court has, in a recent decision, struck a blow for freedom of expression. The case, Jacqueline Okuta& another v Attorney General & 2 others , sought to challenge the constitutionality of the offence of criminal ...
