Environment Law, Family Law, Human Rights, Issue No. 86 - March 2023, Social Justice Advocacy
March 01, 2023
121 views 11 mins 0

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 […]

Constitutional Law, Family Law, Human Rights, Issue No. 86 - March 2023
March 01, 2023
122 views 22 mins 0

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
117 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. […]

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

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 […]

Family Law, Human Rights, Issue No. 86 - March 2023, Social Justice Advocacy
March 01, 2023
145 views 19 mins 0

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 […]

Family Law, Human Rights, Issue No. 86 - March 2023, Social Justice Advocacy
March 01, 2023
91 views 23 mins 0

State of art synthesis on Sexual and Gender-Based Violence (SGBV) in Kenya: Assessing the feasibility of national SGBV courts and Court User Committees (CUCs) intervention

Here in Kenya, the sentencing practices of SGBV cases vary greatly and thus have been subject to criticism on several grounds. Despite this and many other challenges, the jurisprudence of SGBV continues to evolve to better recognize and ameliorate the egregious experiences of victims. Also, efforts are being made to roll out National SGBV  Court […]

Family Law, Human Rights, Issue No. 86 - March 2023
March 01, 2023
304 views 37 mins 0

The difficult conundrum on consent in sexual offences: The place of consent and the emerging issues on consent in sexual offences in Kenya

Legal framework Women and men alike enjoy equal protection by the law. It is worth noting that both men and women are affected by sexual violence but women experience such abuses in a higher magnitude. In the past, sexual offences were covered by the Penal Code. With time, parliament saw the seriousness with which sexual […]

Constitutional Law, Family Law, Issue No. 85 - Feb 2023
January 31, 2023
277 views 15 mins 0

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 […]

Family Law, Issue No. 85 - Feb 2023
January 27, 2023
129 views 30 mins 0

Re-imagining the place of parental consent in Customary, Hindu, and Islamic marriages in Kenya

In Kenya, an adult’s right, among others, is to marry a person of the opposite sex. The marriage must be based on the free consent of the parties.[1] The right to marriage is also internationally recognized.[2] As a culturally diverse society, parties to an intended marriage are free to marry under different systems but must […]