A critic of the legislative and oversight role of the Kenyan legislature in regulating high debts and promoting socio-economic rights

The Kenyan legislature is one of the three arms of government which are constitutionally established by the 2010 Constitution.[1] Each of these three arms of government has its functions and obligations which spawn from the separation of powers theory by Madison.[2] The Kenyan legislature is tasked with the role of making and amending laws as […]

Constitutional Law, Family Law, Issue 90 - July 2023
July 06, 2023
163 views 25 mins 0

The journey towards the realization of the legal framework on surrogacy in Kenya

The surrogate mother only gestates the embryo, which is usually created from the eggs and sperm of the commissioning parents.[1] Even though this practice may sound foreign or an invention of modern science, surrogacy can be traced back to ancient times. For instance, in Babylonian Law the practice was allowed as a means to prevent […]

Constitutional Law, Issue 90 - July 2023
July 06, 2023
97 views 17 mins 0

The illusion of separation powers doctrine in Kenya

The term separation of powers otherwise referred to in French as “trias politica” was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.[1] Montesquieu was of the considered view that when the legislative and executive powers are united in the same person, or in the […]

Constitutional Law, Issue 90 - July 2023, Litigation
July 06, 2023
72 views 10 mins 0

Examining Article 157 (11) of the Constitution of Kenya 2010 in light of the Shakahola Massacre

Chapter 9, Article 157 of the Constitution of Kenya 2010 establishes the Office of the Director of Public Prosecutions (ODPP). The President appoints the Director of Public Prosecutions (DPP) with the approval of the National Assembly.[1] The DPP’s qualification should be similar to that of the Judge of the High Court.[2] His functions are delegated […]

Constitutional Law, Issue 90 - July 2023, Legislation
July 06, 2023
141 views 49 mins 0

Constitutional silences and their role in shaping legal doctrine in Kenya

A Constitution does not work by itself or speak like an oracle.[1] It is by judicial interpretation that many a time you breathe life into the provisions of a Constitution.[2] At the heart of this is the task of construing the true meaning and intent of explicit constitutional provisions. However, a Constitution, like any document, […]

The Supreme Court of injustice: an anatomization of the Law Society of Kenya versus Communication Authority of Kenya & 10 others judgment                                                       

All over the world, the apex court serves as the final arbiter of disputes, interpreting and enforcing the law and upholding the Constitution. The function of an apex court is to provide the final interpretation of the law and to ensure that justice is delivered. This involves hearing appeals and deciding cases that have been […]

Constitutional Law, Elections Law, Issue 88 - May 2023
May 26, 2023
150 views 32 mins 0

A blessing or a jinx? The impact of political opposition in contemporary Kenya: building an arena for effective political opposition

Democracy and opposition are supposed to go hand in hand. The nascent debate in Kenya is not just about whether democracy will survive, but about the quality of that democracy if it does. The role, functions, legitimacy and capacity of political opposition, in a situation where it is highly fragmented, constitutes a key aspect of […]

Freedom of religion: a call to order

To our credit as a country, freedom of religion is one area that has enjoyed relatively few hardships, with persons being allowed to practice their faith unhindered. There have been no major penalties and disabilities hampering the freedom of religion. As a result, we have had exponential growth, particularly in evangelical churches, owing to a […]

Affordability of life: Why a large population of Kenyans continues to live without any form of health insurance

An equation of quality and timely healthcare services equates to good healthcare and an expensive bill. The health schemes cushion people from expensive bills, by funding medication at a time of need. But is this really true? What is the cost of getting health insurance cover? With the minimum wage of an average Kenyan at […]

Constitutional Law, Issue 88 - May 2023, Trending News
May 02, 2023
120 views 50 mins 0

For the people or with the people? An appraisal of the right to assembly and the practice in Kenya

The opposition has for decades been a headache to the government of the day through the organization of these demonstrations which springs from Article 37 of the Constitution. Under the wake of the new Constitution promulgated in 2010, the country has witnessed at least three demonstrations organized by the Opposition to wit: following the announcement […]