Matrimonial Property Rights in Kenya: The Long Road Ahead for Women’s Rights
Over the last decade, Kenya has taken some steps to promote fairness and secure women’s rights within the institution of marriage. The promulgation of the progressive 2010 Constitution and the...
Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case
On 11 January 2021, the Kenyan Supreme Court delivered the judgment in Mitu-Bell Welfare Society. The case concerned the unlawful eviction and demolition of the homes of over 3,000 families...
Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions
The Kenyan Supreme Court has overturned a Court of Appeal decision which found that the forceful eviction of the inhabitants of Mitumba village was not in violation of their fundamental...
The Tune Goes On: Appointments to Tribunals Must Adhere to The Two-Thirds Gender Rule
In Bernard Odero Okello & another v Cabinet Secretary for Industrialization, Trade and Enterprise Development, the petitioners challenged the appointment of the interested parties as members of the Business Premises...
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...
