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 […]

Go hard or go home; a call for the re-examination of the death penalty rule in Kenya

After long court proceedings, the matter was recently settled where Leliman was sentenced to death while the other two police officers were sentenced to a term of 20 to 30 years in prison. 1.0.        Introduction Until the recent ruling of the Willie Kimani case, many Kenyans had forgotten or were unaware of the existence of […]

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 […]

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
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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 […]

Statement regarding the death of Thulani Maseko, Eswatini

Thulani was gunned down by masked gunmen in his home in Eswatini whilst watching television with his family on the evening of Saturday 21st January 2023. Thulani’s death also follows a deadly crackdown on of pro-democracy protests in the country in June 2021. The Commonwealth Lawyers Association note that the Commonwealth Latimer House Principles adopted […]