Constitutional Law, Family Law, Issue No. 86 - March 2023
March 01, 2023
88 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
45 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 […]

Constitutional Law, International Law, Issue No. 86 - March 2023
March 01, 2023
55 views 6 mins 0

Proportionality’s fifth prong

Ramesh Chandra Sharma vs State of UP arose out of the Greater Noida Authority’s decision to pay differential compensation rates for certain land that it had acquired under the old Land Acquisition Act. The Authority divided landholders into “Pushtaini” and “Ghair-pushtaini.” Pushtaini landholders were those who had acquired the land before the establishment of the […]

Family Law, Human Rights, Issue No. 86 - March 2023, Social Justice Advocacy
March 01, 2023
48 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
58 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 […]