(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...
Kenya’s Continual Failure to Meet their Two-Thirds Gender Quota
Article twenty-seven of the Republic of Kenya’s 2010 Constitution states that the ‘State shall take legislative and other measures to implement the principle that not more than two-thirds of the...
Ogentoto v Ogentoto: Kenya’s Supreme Court Judgment on Equality and Fairness in the Division of Matrimonial Property
For over a decade now, Kenya has made important steps towards fair division of matrimonial property through its progressive 2010 Constitution and the enactment of the Matrimonial Property Act (MPA)...
Houses Without Land: The Strange Property Rights Phenomenon in the Kenyan Coastal Region and its Effect on coastal communities’ right to housing
The common law maxim cujus est solem ejus et usque ad coelum et ad inferos affirms that whoever owns a piece of land owns it all the way up to...
Kenya’s Landmark Supreme Court Decision on Non-Discrimination for Sexual Minorities
Kenya’s Supreme Court has entrenched the right to non-discrimination on the grounds of sexual orientation in a landmark decision affirming freedom of association for LGBTIQ persons. This decision is particularly...
A Case for an Objective Threshold in Tax Exemption of Persons with Disabilities in Kenya
Image Description: A Kenyan mother and her daughter are pictured close-up on their faces. The mother looks toward the camera while the child gazes elsewhere. The daughter has a developmental...
Reparations for the Ogiek: A Step in the Right Direction
Image description: a legislative chamber hosting a summit of the African Union In June 2022, the African Court on Human and Peoples’ Rights (“ACHPR”), awarded USD 1.3 million to the...
Access to Healthcare Services in Nigeria and Kenya Amidst COVID-19: The Negative Impact of the Commercialisation of Healthcare
Image description: Two COVID vaccine vials. States have specific obligations in the context of public health emergencies. Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)...
Kenyan Ministry of Education Declares that ‘Religious Beliefs Can Enter into Schools’
Image description: Kenyan primary school students sit on chairs and on the floor in a basic dirt-floor classroom taking lessons. On 4 March 2022 a letter from the Kenyan Ministry...
A Lacuna in the Kenyan Penal Code Provisions on Abortion
Image description: Posters on street advertising abortion clinics. In recent years, the Kenyan judiciary has made significant strides in reforming abortion law in Kenya. On 24 March 2022, the High...
