Constitutional Law, Family Law, Issue 90 - July 2023
July 06, 2023
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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 […]

Analysis of the NGO Coordination Board v Erick Gitari and others in light of the Hart-Devlin debate on law and morality

Regarding the debate, both scholars shared distinct perspectives in terms of law enforcing morality. Professor Hart was of the view that law and morality are two distinct and should be treated as such. Additionally, he argued that the law has no authority over morality and should not be a tool used to enforce it especially […]

Family Law
June 03, 2023
71 views 43 mins 0

One child, two fathers; A case of confused parental responsibility

Every child deserves parental care. Children get this care from men who are either their fathers and/or step-fathers. Men can acquire this duty and right in two ways. The biological father assumes it automatically at the birth of the child, while a step-father assumes it upon marrying a lady with a child from a previous […]

Family Law, Issue 88 - May 2023
May 05, 2023
609 views 20 mins 0

Call a jack a jack, call a spade a spade: The need to rethink the Family Protection Bill, 2023

The Bill further states that it aims to preserve and protect the cultural and family values of the Kenyan people against emerging threats; and, to uphold Article 44 of the Constitution which provides that “a person shall not compel another person to perform, observe or undergo any cultural practice and rite”.[1] In my opinion, this […]

Constitutional Law, Family Law, Issue 88 - May 2023
May 02, 2023
124 views 20 mins 0

Call a jack a jack, call a spade a spade: The need to rethink the Family Protection Bill, 2023

The Bill further states that it aims to preserve and protect the cultural and family values of the Kenyan people against emerging threats; and, to uphold Article 44 of the Constitution which provides that “a person shall not compel another person to perform, observe or undergo any cultural practice and rite”.[1] In my opinion, this […]

Lost in the gulf: Examining the foreign affairs crisis of Kenyan migrant domestic workers in Arabian States

A reading of these facts is bound to arouse and beg multiple questions in the reader’s mind. To whom or to what can this sad state of affairs be attributed? Is it the victims themselves who willingly take these death trips despite having full knowledge of the carnage that awaits them? Is it the government […]

So you know the law, but do you know about cancer?

Cancer refers to a class of diseases in which a cell or a group of cells divide and replicate uncontrollably, intrude into adjacent cells and tissues, and ultimately spread to other parts of the body. If this spread is not controlled, it can result in death. Cancer can be a result of internal and external […]

Evolution and devolution of rights: Persons with disabilities (Amendment) Bill, 2022 in context

The Persons with Disabilities (Amendment) Bill, 2022 is primarily an amendment to the principle legislation, the Persons with Disabilities Act.[1] This is to say, it is a draft Bill containing proposed changes to the law dealing with the rights of persons with disabilities in Kenya.[2] The Principle Act represent the first attempt to codify disability-specific […]