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...
Blazing The Trail: Kenya’s Supreme Court Rejects the Regional Court’s Merit Review of its Judgments
On 31 May 2024, Kenya’s Supreme Court (‘the Court’) delivered the Advisory Opinion in AG v Karua, Reference E001 of 2022 (‘the reference’), which rejected the intrusive approach of the...
Mainstreaming Merits Review: Kenya’s Court of Appeal Further Clarifies the Scope of Judicial Review Law
On 10 November 2023, the Kenyan Court of Appeal delivered its judgment in Patrick Kabundu & Another v County Government of Mombasa, offering additional clarity on considerations guiding the court’s...
(Re)Learning from the Ground-Breaking Judgement of the Supreme Court of Mauritius Decriminalising Sodomy: A Kenyan Perspective
On 4 October 2023, the Supreme Court of Mauritius delivered a ground-breaking judgment in the case of Abdool Ah Seek v State of Mauritius, which effectively ruled that a law...
A Harbinger of Justice or a Pandora’s Box? The Kenyan Supreme Court Broadens the Scope of Judicial Review
The Kenyan Supreme Court has issued further directions clarifying the scope of judicial review law in its decision on 16th June 2023 in Edwin Harold Dayan Dande & 3 Others...
A Landmark Victory for Freedom of Religion in Kenya: The Court of Appeal’s Judgment in Phillip Okoth and LSK v BOM, St Anne’s Primary Ahero
In a ground-breaking decision, the Court of Appeal at Kisumu delivered a judgment that carries far-reaching implications for the protection of freedom of religion in Kenya. The case of Phillip...
