Constitutional Law, Family Law, Issue No. 85 - Feb 2023
January 31, 2023
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Equality in marriage and the limits of transformative constitutionalism: The Kenyan Supreme Court’s judgment in Ogentoto vs Ogentoto

The roots of the controversy lie in the patriarchal structures of our world. It is an incontrovertible fact that in most societies, men hold a disproportionate share of immovable property (for the gendered skew in Kenya, see here). The reasons for these are both historical (dating back to times when women were legally barred from […]

Of two-thirds gender rule and Supreme Court composition: A commentary on the Court of Appeal decision in Civil Appeal No 234 of 2017

The gender principle passed in the 2010 Constitution was an unintended consequence of the underrepresentation of the women gender consistently in all arms of government since independence. Article 27(8) requires the state to take legislative measures to implement the principle that not more than two thirds of the members of elective and appointive bodies shall […]

Our freedom heroes and heroines deserve appreciation

Let’s recall some great men, who’ve been  Fighting for our rights Let’s recall some great men, who’ve been Fighting for our rights Let’s recall some great men, Who have been fighting for our rights Let’s recall some great men, who’ve been fighting for our rights Recall them, recall them        -Burning Spear- ‘Perhaps you and […]

Time to rethink strategies for combating Gender Based Violence (GBV); Legislation is not enough

Whereas the Constitution of Kenya[3] protects children and women[4] from abuse, harmful cultural practices, and all forms of violence, and though Kenya has enacted legislation to protect the children[5] and has prohibited forms of violence such as Female Genital Mutilation,[6] the gruesome reports in our media platforms is a clear indication that a lot is […]

Constitutional Law, Issue No. 84 - Jan 2023, Medical Law
January 02, 2023
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The unceasing ambiguity surrounding the right to abortion in Kenya

The constitutional provision of the Right to Abortion is envisaged in Article 26 of the Constitution which provides as follows:[1] This article discusses the seeming ambiguities between the provisions of the Constitution and other statutory laws and suggests a balance between two diverse views and opinions surrounding abortion. Section 158 of the Penal Code provides […]

Constitutional Law, Issue No. 84 - Jan 2023, Trending News
January 02, 2023
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The true face of extrajudicial killings and enforced disappearances: Building a new hope for Kenya

Life is the essence of human existence, fragile but desired by all.[1] In a civilized and well informed society, respect for life is importantly appreciated.[2] Such respect is a mark of decency, so that any form or arbitrariness, rascality or threat towards human life is not only frowned upon, but condemned and deemed dishonorable to […]

Noordin Haji on trial: has the director of public prosecution failed the independence test? a scrutiny

The omphalos point of the study of political institutions is power and its uses. Even supposing we may be of the considered view that the concept of power is being associated exceptionally with politics or to say political science, but it is, in fact, exists in all dimensions of our social relationships. They are deeply […]