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...
Kenya
#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...
Kimathi and Others v Foreign & Commonwealth Office
Kimathi and Others v Foreign & Commonwealth Office [2018] EWHC 2066 (also known as the ‘Mau Mau litigation’, after the Mau Mau rebellion that was instrumental in Kenya’s independence movement)...
The Ogiek Evictions in Kenya – a failed legal solution
The Mau Forest is one of Kenya’s forest reserves, gazetted in 1954 to protect it from deforestation. In 2001, the government carried out an excision of the Eastern Mau region...
Rude Awakening for over 20,000 Residents of Kibera in Kenya
On Monday, 23 July 2018, over 20,000 residents of Kibera slum in Kenya’s capital of Nairobi woke up to the rude awakening of their forced eviction from a place they...
Fascination with Kenya’s Presidency has Overlooked the Real Changes Happening Locally
Kenya’s 2010 constitution replaced the country’s centralised governance structure with one of the world’s most radical experiments in devolution. Yet to look at current commentary of Kenya’s political crisis is...
The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond
Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so,...
Were the Kenyan Presidential Elections, 2017 a true reflection of the electorate’s will? An interrogation of the answer given by the Supreme Court of Kenya
The determination on the exercise and protection of the electorate’s political rights was before the bench in the Supreme Court of Kenya’s decision in Raila Amolo Odinga & Anor v...
The Kenyan Supreme Court Overturns Presidential Election Results: Of Forms 34As, Bs and Cs
On 8 August 2017, Kenya held her second General Election under the 2010 Constitution. This was the first time an elaborate regime of electoral laws had been used to introduced...
Road to repeat poll in Kenya: Is legislative amendment the cure?
The unprecedented decision of the Supreme Court of Kenya (SCOK) to invalidate the presidential poll in August 2017 has received mixed reactions by the incumbent government and the opposition. The...
The Fulcrum for the Invalidation of Kenya’s 2017 Presidential Election: Section 83 of the Elections Act
As earlier reported on the blog, the Supreme Court of Kenya (“the Court”) made history on 1 September 2017 by becoming the second Court in Africa (after Cote d’Ivore) to...
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