Constitutional Law, IBI Law, Issue No. 86 - March 2023
March 01, 2023
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A comprehensive IBI Law: A reprieve for the agricultural sector in the wake of unpredictable weather patterns

Additionally, the government through the Ministry of Agriculture, Livestock, Fisheries and Cooperatives should spearhead innovative ways to cushion farmers in such trying times. One of these ways is through the mainstreaming of agricultural insurance and in particular, the Weather Index Insurance (WII) which forms the substratum of this article. Climate change and the unprecedented drought […]

Constitutional Law, Issue No. 86 - March 2023, The Judiciary
March 01, 2023
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Praise to the Kenyan judiciary for its commitment to enhancing access to justice for all

As it stands now, plans are underway to roll out similar courts throughout the country, starting with Nairobi, with a particular focus on informal settlements, particularly Kasarani and Embakasi. What does this mean for Kenyans when it comes to matters to do with access to justice? It can only mean one thing: the Judiciary’s commitment […]

Constitutional Law, Housing Law, Issue No. 86 - March 2023, Uncategorized
March 01, 2023
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Ex-gratia payments -or- a place to call home? The case of the Buxton Affordable Housing Project

“On my part, I think the petitioners should be grateful, because I have not seen any clause in their tenancy agreement that obligates the respondent to grant them alternative accommodation, in the event that the respondent needs its premises. It should not be forgotten that the relationship between the petitioners and the respondent is one […]

Constitutional Law, Family Law, Human Rights, Issue No. 86 - March 2023
March 01, 2023
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Do we have enough laws and enforcement methods in place to curb domestic violence? A commentary

This article seeks to outline different types of domestic violence and their effects. It also challenges some practices that have been taken to be solutions to the vice. It suggests that apart from dealing with violence matters under the Judiciary, a government department should be set aside to provide support to domestic violence victims. As […]

Constitutional Law, International Law, Issue No. 86 - March 2023
March 01, 2023
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Untangling the legal responsibility of international organizations under international law: an x-ray of the draft articles on the responsibility of international organizations

The peacekeeping operations by international organizations have changed in recent years and several missions now pursue stabilization mandates.[1] These stabilization missions involves working closely alongside the host government, to promote the rule of law, engage in counter-terrorism activities and use of robust force to counter violence.[2] Such cooperation between an international organization with the host […]

Constitutional Law, Issue No. 86 - March 2023, Real Estate Law
March 01, 2023
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Protecting the right to housing in Kenya: An analysis of legal frameworks challenges and recommendations

The right to housing is one of the most important and pertinent rights espoused in the Constitution of Kenya under its bill of rights. Article 43(1)(b) provides that, ‘every person has the right to accessible and adequate housing, and to reasonable standards of sanitation’. Article 53 of the same constitution furthers this particular right and […]

Constitutional Law, Family Law, Issue No. 86 - March 2023
March 01, 2023
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End of an era or error? a contextualized analysis of the historical evolution of the law on the division of matrimonial property

The law on matrimonial property has experienced massive progress. First things first, matrimonial property is made up of matrimonial home(s), household goods and effects in the matrimonial home or homes or any other immovable and movable property jointly owned and acquired during the subsistence of marriage.[1] Back in the days, the principle of corveture used […]

Constitutional Law, International Law, Issue No. 86 - March 2023
March 01, 2023
44 views 6 mins 0

Proportionality’s fifth prong

Ramesh Chandra Sharma vs State of UP arose out of the Greater Noida Authority’s decision to pay differential compensation rates for certain land that it had acquired under the old Land Acquisition Act. The Authority divided landholders into “Pushtaini” and “Ghair-pushtaini.” Pushtaini landholders were those who had acquired the land before the establishment of the […]

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 […]

Constitutional Law, International Law, Issue No. 85 - Feb 2023, Social Justice Advocacy
January 27, 2023
117 views 48 mins 0

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 […]