Kenyan Lessons on the right to education as a human right amidst the Covid-19 Pandemic
In BPA v Directors, Brookhouse Schools, a group of parents ofminors at Brookhouse Schools, a private school, challenged the introduction of the virtual learning programme, following the shutdown of schools...
Fighting for fair representation for women through dissolution of the Kenyan Parliament
In the Chief Justice’s advice to the President, Kenya’s current Chief Justice David Kenani Maraga has advised the President to dissolve parliament for failing to enact legislation that ensures gender...
Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy
Kenya’s constitutional court has demonstrated its flexibility in facilitating the progressive realisation of the constitutional aspirations through the rapidly evolving jurisprudence on Article 43 of the Constitution of Kenya 2010....
Using Human Rights to Protect the Environment in Kenya
Kenya’s Environment and Land Court recently awarded the inhabitants of Owino-Uhuru village in Mombasa, damages worth 1.3 billion Kenyan Shillings and further directed that 700 million be dedicated towards an...
Vicarious liability for acts of sexual and gender-based violence by teachers in Kenya
In Teachers Service Commission v WJ & 5 others [2020] eKLR, the Court of Appeal held that the Teacher’s Service Commission (TSC), a body with the constitutional responsibility to employ...
The Kenyan Tea Workers’ Case: Evaluating the Impediments to Holding MNCs Accountable for the Actions of their Subsidiaries
Recently, a human rights complaint was registered against Unilever at the United Nations by a group of Kenyan tea plantation workers from its Kericho plantation facility. The matter pertains to...
Kenyan High Court breaks rank with Supreme Court on the right to prompt notification for reasons of arrest
In Mohamed Feisal& 19 others v Henry Kandie et. Al. the Kenyan High Court departed from a decision by the Supreme Court of Kenya (SCORK) in the Hussein Khalid case....
Denial of the Right to Life in Kenya’s Urban Settlements
Over 56% of Kenya’s urban population live in informal settlements, with Kibera in Nairobi being Africa’s biggest slum. Within them, there are widespread instances of killings of young males by...
Use of Artificial Intelligence by the Judiciary in the Face of COVID-19
As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move...
High Court of Kenya suspends implementation of biometric ID system
On 30 January 2020, the High Court of Kenya – the first level of the country’s superior courts, whose decisions can be appealed to the Court of Appeal and Supreme...
#Repeal162: Same-Sex Marriage Bogeyman an Incomprehensible Justification for Criminalizing Same-Sex Conduct
Over the past six years, Kenyan human rights activists, lawyers and organisations have secured key legal victories that have underscored the Constitution’s prohibition of discrimination on the grounds of sexual...
The ‘Unaffordable’ Pro-life Abortion Policy in Kenya
The narrow basis for the procurement of abortions in Kenya discriminates against women and girls based on their sex and gender. The most adversely affected are poor women and girls...
