Kenya

A Lacuna in the Kenyan Penal Code Provisions on Abortion

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...
Khalifa v Secretary for National Treasury and Planning: A New Dawn for the Right to Access of Information in Kenya

Khalifa v Secretary for National Treasury and Planning: A New Dawn for the Right to Access of Information in Kenya

Image description: Man approaches Parliament Buildings in Nairobi, Kenya The monumental decision in Khalifa and Another v Secretary, National Treasury and Planning and 4 Others spells a new dawn for...
“…Patriarchal Mentality”: The Functioning of Equality Law in Crisis (Episode 2)

“…Patriarchal Mentality”: The Functioning of Equality Law in Crisis (Episode 2)

Human rights experts help us determine whether equality law is set up to protect the most vulnerable in times of crisis. This is Episode Two of a four-part series. The...
“I Can Hear Another Ambulance”: The Rise of Exponential Inequalities During COVID-19 (Episode 1)

“I Can Hear Another Ambulance”: The Rise of Exponential Inequalities During COVID-19 (Episode 1)

Human rights experts tell stories of inequalities from around the world, revealing how these inequalities have been exacerbated during crises like the COVID-19 pandemic. This is Episode One of a...
Retrogressing on the Right to Basic Education: A Slippery Slope into Criminalising LGBT Students

Retrogressing on the Right to Basic Education: A Slippery Slope into Criminalising LGBT Students

Image Description: A 6-colour (Rainbow) Pride Flag flying in the sky. The rays of the sun are falling on the Flag. The longstanding ban of same sex intimacy under s...
The Kenyan Court of Appeal’s BBI Judgment – V: To Be Or Not To Be – The Eternity Clauses Within the 2010 Constitution

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...
The Kenyan Court of Appeal’s BBI Judgment – IV: The Place of Public Participation in Constitutional Amendments

The Kenyan Court of Appeal’s BBI Judgment – IV: The Place of Public Participation in Constitutional Amendments

This is the fourth blog post in the OxHRH Blog’s ongoing series about the Kenyan Court of Appeal’s landmark judgment in the BBI Appeals. For previous posts: Part One; Part...
The Kenyan Court of Appeal’s BBI Judgment – III: Presidential Immunity

The Kenyan Court of Appeal’s BBI Judgment – III: Presidential Immunity

[This is the third post in the Oxford Human Rights Hub Blog’s coverage of the Kenyan Court of Appeal’s landmark judgment in the BBI Appeals. Parts One and Two are...
The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure

The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure

[This is the second post in the OxHRH Blog’s ongoing series on the Kenyan Court of Appeal’s BBI Judgment. For Part One, see here.] Introduction Rarely do judges get to...
The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?

The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?

[Editor’s Note: On 20th August 2021, the Kenyan Court of Appeal delivered a landmark judgment in a set of consolidated cases known as “the BBI Appeals”. By a majority, the...
The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum

The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum

[Part II of this series discusses further issues in the Kenyan High Court’s landmark judgment in David Ndii v The Attorney-General (the “BBI judgment”). Part I can be found here.)...
The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative

The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative

[On 13th May 2021, in David Ndii v Attorney-General, the High Court of Kenya struck down a set of proposed amendments to the Kenyan Constitution, popularly known as the “BBI...

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