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 […]

Religion and the State in Kenya: A clash of civilizations?

Kenya, despite being a Christian-majority country, has a legal framework that enshrines everyone’s rights with regards to their religious affiliations. However, there seem to be confrontational conflicts between various religions competing for influence within the country and religious groups fighting for control of the national culture.  Perhaps this is attributable to the dominance of Christianity […]

Kicking man out of the loop: The case of loitering munitions and implications for international humanitarian law

On February 24 2022 Russia instigated what it calls a ‘special military operation’ in Ukraine whose objective is to, among others, ‘denazify’ Ukraine. With that Russia tossed a barrage of attacks from land, air, and sea in Ukraine. Military analysts and non-experts alike predicted or so thought that Kyiv, the Ukrainian capital, would fall into […]

Rethinking sexual and reproductive health rights in the context of climate change

By the mere fact that the pro-life and anti-abortion billboards were concentrated in Nairobi County, the capital city with a high rate of educated individuals, it would have been easier to buy the pro-adoption argument. Yet, it is this cynical deployment of “pro-adoption” to legitimize the shaming of abortion that blurs the substantive advancement of […]

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 […]

Family Law, Issue No. 86 - March 2023
March 01, 2023
74 views 33 mins 0

The rhetoric of ethnic and regional diversity in the composition of the national executive in Kenya: Kenya Kwanza government

By virtue of Executive Order No. 1 of 2023, ‘Organisation of the Government of the Republic of Kenya,’ issued in January 2023, the president announced 21 ministries each headed by a cabinet secretary. In addition to that, he announced 49 state departments and 51 principal secretaries who are the heads of the various state departments. […]

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 […]

Protecting children from harmful cultural practices: a study on female genital mutilation in Kenya

According to the World Health Organization, this practice exists for non-medical reasons. The cut can be aimed at removing the clitoris (clitoridectomy), the labia minora and infibulation (which is basically the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora with or without the excision […]