Kenya

Ogentoto v Ogentoto: Kenya’s Supreme Court Judgment on Equality and Fairness in the Division of Matrimonial Property

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

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 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

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

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

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’

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

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...

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