Navigating Informality: The Rule of Law in EU Migration Governance
The European Union (EU) often prides itself on being a beacon of human rights, democracy, and the rule of law. Yet, in recent years, the EU has increasingly turned to...
Remedies
Neither Leftovers nor Crumbs: Misunderstanding the Right to Food in India
One of the most enterprising initiatives undertaken by the Supreme Court of India (the Court) has been the recognition of a legal standalone right to food which mandates the government...
Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi
Image description: Graffiti on the wall of three women with red blindfolds over their eyes. In Kaliyati v R (Criminal Appeal 109 of 2018) [2020], judge Fiona Mwale asserts that...
Thubakgale: Obscuring the Right to Access to Adequate Housing
There is a housing crisis in South Africa, which is largely due to the State’s failure to carry out its constitutional mandate to provide access to adequate housing. However, the...
Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case
On 11 January 2021, the Kenyan Supreme Court delivered the judgment in Mitu-Bell Welfare Society. The case concerned the unlawful eviction and demolition of the homes of over 3,000 families...
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...
Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy
Kenya’s constitutional court has demonstrated its flexibility in facilitating the progressive realisation of the constitutional aspirations through the rapidly evolving jurisprudence on Article 43 of the Constitution of Kenya 2010....
Learning Lessons from Litigators: Formulating Remedial Relief
Remedial strategy is an important aspect of any broader litigation strategy. An important aspect of strategic decision-making in this regard is to consider what relief the court might be willing...
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