Kenya’s Supreme Court Balances Islamic Law and Equality in Landmark Inheritance Ruling
On 30 June 2025, the Supreme Court of Kenya delivered a groundbreaking judgment in Fatuma Athman Abud Faraj v Ruth Faith Mwawasi & 2 Others [2025] KESC 35, addressing whether...
Affordable Housing and Reasonable Standards of Sanitation in Kenya
In the Global South, particularly in Africa, to be born and raised in a poor background is to learn the harshness of life too early. It’s waking up in a...
Pushing forward and ahead to safeguard SRHR Rights!: Strategic litigation in the face of anti-rights backlash in Africa
Strategic litigation in Africa has emerged as a powerful catalyst for advancing and protecting sexual and reproductive health and rights (SRHR), by utilizing individual cases to promote the clarification, respect,...
Sexual Harassment and the Law in Africa
Rights Up: The Oxford Human Rights Hub Podcast · Sexual Harassment and the Law in Africa In this episode, Almas Shaikh talks with Dr Anthony Ubani and Dr Wycliffe Nyachoti...
Implementing Imperfect Laws or Fighting for Law Reform: A Closer Look at Sexual Harassment Laws
In a 2024 report on sexual harassment laws in Africa, the inconsistency in definitions and fragmented approaches to reporting, investigations and punitive measures was found to be a significant challenge....
Decriminalising Suicide: Kenya’s High Court Paves the Way for Mental Health Reform
In a groundbreaking judgment, the High Court of Kenya declared Section 226 of the Penal Code, which criminalised attempted suicide, as unconstitutional. This decision represents a significant step in recognising...
Advancing Environmental Justice: The Supreme Court of Kenya holds State Agencies Accountable for Environmental Harm in Owino-Uhuru case
On 6th December 2024, the Supreme Court of Kenya affirmed the constitutional rights to a Clean and Healthy Environment and the highest Sustainable Standard of Health Care and Sanitation as...
Why the Kenyan Supreme Court erred in limiting justiciability of rights through the Limitation of Actions Act: the Zehrabanu Appeal
The Supreme Curt of Kenya (SCORK has through Zehrabanu Janmohamed and Another v Nathaniel K. Lagat 4 Others, found that the right to seek an enforcement of a right under...
Sh! Hushing Sexual Harassment in Kenya: Judicial Reluctance in Protecting Employee Rights?
Over the last 3 years, Kenya has witnessed stagnation in terms of progressing protections for workers from unwanted sexual conduct, and encouraging the reporting of sexual harassment once it occurs....
Kenya’s Emerging Practice on The Right to Public Participation
Under Article 10(2)(a) of the Kenyan Constitution, the state is obligated to respect “public participation” as a feature of good governance. This includes the need to ensure that the Parliament’s...
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)...
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...