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For a long time, the law on contempt of court in Kenya was outdated and quite unsatisfactory.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...
Turning back the clock on Socio -Economic Rights: Kenya’s Court of Appeal decision in the Mitu-Bell Case
A July 2016 decision by the Kenyan Court of Appeal in Kenya Airports Authority v Mitu-Bell Welfare Society & 2 Others (“Mitu-Bell”) threatens to plunge the country back into the...
Is the two-thirds gender rule discourse engendering double invisibility in public life for other vulnerable groups in Kenya?
It is asserted that an enduring democracy is one that secures the meaningful participation of youth, women, persons with disabilities, the elderly, minorities and other marginalised groups in public life...
The Ramifications of Kenya’s Decision to Expel Refugees From Dadaab Camp
The Kenyan government has come under sharp criticism following its decision to return refugees in Dadaab Camp back to Somalia. While Kenya as a sovereign State has the right to...
Local Politics of International Justice in Kenya: How the ICC let the case slip away (Part I)
In the wake of the International Criminal Court’s (ICC) decision to drop charges against the Deputy President of Kenya, William Ruto, and a radio host, Joshua arap Sang, we must...
The Dawn of Devolved Government in Kenya
In a landmark paper on Kenyan politics, Daniel Branch and Nic Cheeseman developed the term “bureaucratic-executive state” to describe how power came to be centralised in Kenya between the years...
Forced Evictions and Demolition of Informal Settlements in Kenya
Forced evictions and demolitions of informal settlements in Kenya have been on the increase in recent days due to urban redevelopment and claims that such installations pose a security threat...