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...
The Supreme Court of Kenya Has Ordered a Fresh Election. But What Does That Mean?
As reported in an earlier blog post, on 1st September 2017, the Supreme Court of Kenya annulled the result of the presidential election held on 8th August 2017. The result...
Historic Judgment: Kenya’s Presidential Election Declared Null and Void and Fresh Election Ordered
In an unprecedented turn of events, the Supreme Court of Kenya yesterday, in a 4-2 majority opinion, declared that the 2017 Presidential Election was not conducted in accordance with, inter...
The Kenyan Election: An Insight into the Effectiveness of Constitutional Guarantees
Kenya held its general elections two days ago, after a period of aggressive political campaigning. This election, there are two major political parties, the Jubilee Party (Jubilee) (sponsoring President Uhuru...
What does a Free and Fair Election mean for Kenyans?
Kenyans go to the polls to elect their leaders today, the 8th of August 2017. There are six elective posts that they need to fill. These include the Member of...
Kenya Enacts Contempt of Court Act to Uphold the Right to a Fair Trial
For a long time, the law on contempt of court in Kenya was outdated and quite unsatisfactory. However, Kenya recently enacted the Contempt of Court Act, Act No 46 of...
The Devil’s in the Dictum: the Kenyan Court of Appeal Wishes Away the Inviolability of the Right to Hold a Religious Belief
High school students subscribing to the Seventh Day Adventist faith have cause for celebration. In Seventh Day Adventist Church (East Africa) Limited v Minister for Education & 3 others, Kenya’s...
A Win For The Freedom Of Expression In Kenya: Criminal Libel Is Unconstitutional
The Kenyan High court has, in a recent decision, struck a blow for freedom of expression. The case, Jacqueline Okuta& another v Attorney General & 2 others , sought to...
Lifting the Veil on Enforced Disappearances and Extrajudicial Killings in Kenya
Kenya has experienced an upsurge in cases of enforced disappearances and extrajudicial killings over the last five years, a situation that has not gone unnoticed in the international arena. The...
Who is my mother? The dilemma of surrogacy agreements – Part I
The High Court of Kenya in A.M.N & 2 others v The Attorney General & 5 others was faced with the issue of how surrogacy agreements ought to be enforced....
Promoting the Best Interests of the Child: Kenyan High Court Breathes Life into the Right to a Name and an Identity
In May 2016, the Kenyan Constitutional and Human Rights Division of the High Court in L.N.W v Attorney General & others declared an archaic section of the Country’s Births and...
