Introduction Rape is defined as an unlawful sexual activity that involves engaging in sexual activity against the victim’s will by using force or the threat of using force, or with a person who is unable to give informed consent because they are a minor, have a mental health condition, are intoxicated, are unconscious, or are […]
Introduction The drug problem refers to the widespread use and abuse of illegal drugs, prescription drugs, and other substances with negative physical, mental and health consequences. Communally it has had the effect of destroying relationships such as family and friends. It also ruins one’s capability of working and studying which makes society’s economic status plummet […]
Given that it has been argued that the main impediment to gender equality in electoral politics is patriarchal politics, most gender equality projects involve the implementation of gender quotas to increase the number of women leaders. Within the use of quotas to promote gender parity emerges the configuration of women as marginalized groups who require […]
This paper will try to debunk the maxim “nemo tenetur seipsum accusare,” which means “no man is bound to accuse himself”. In doing so, the paper will analyze the scope and the implication of the right against self-incrimination as has been examined in different contexts, its impact on criminal proceedings and its waiver thereof. An arrested person […]
The Bill further states that it aims to preserve and protect the cultural and family values of the Kenyan people against emerging threats; and, to uphold Article 44 of the Constitution which provides that “a person shall not compel another person to perform, observe or undergo any cultural practice and rite”.[1] In my opinion, this […]
The Supreme Court of Kenya recently pronounced itself on the right of members of the LGBTIQ community to form and register an association by dint of Article 36 of Kenya’s Constitution. The Apex Court delivered a judgment in favour of members of the said community. Those who, well within their right, do not agree with […]
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 […]
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 […]
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 […]
