Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 31, 2023
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Judges of Specialised Courts Deserve Equal Treatment

The 2010 Constitution sought to re-imagine our judicial system by establishing specialized courts with the same status as the High Court. Kenyans felt that the areas of employment and labour relations, and the environment and land disputes deserve special and focused attention, beyond the general approach to all other disputes. Given the centrality of these […]

Constitutional Law, Family Law, Issue No. 85 - Feb 2023
January 31, 2023
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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 […]

Time to rethink strategies for combating Gender Based Violence (GBV); Legislation is not enough

Whereas the Constitution of Kenya[3] protects children and women[4] from abuse, harmful cultural practices, and all forms of violence, and though Kenya has enacted legislation to protect the children[5] and has prohibited forms of violence such as Female Genital Mutilation,[6] the gruesome reports in our media platforms is a clear indication that a lot is […]