Issue 90 - July 2023, The Judiciary
July 06, 2023
107 views 51 mins 0

How the Kenyan judiciary has contributed to undermining the rule of law

Sensitive to the preceding decades of an undermined judiciary, the 2010 Constitution drafting committee’s approach to the parts of the Constitution pertaining to the Judiciary[7] placed strong emphasis on its independence, broad cititizens’ rights specifically upholding the rule of law. However, a question currently being raised is whether or not the 2010 Constitution went too […]

Issue 88 - May 2023, The Judiciary
May 05, 2023
110 views 50 mins 0

For the people or with the people? An appraisal of the right to assembly and the practice in Kenya

The opposition has for decades been a headache to the government of the day through the organization of these demonstrations which springs from Article 37 of the Constitution. Under the wake of the new Constitution promulgated in 2010, the country has witnessed at least three demonstrations organized by the Opposition to wit: following the announcement […]

Human Rights, Issue 88 - May 2023, The Judiciary
May 02, 2023
94 views 24 mins 0

Right to silence: analysis of the legal protection on the privilege against self-incrimination

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 […]

Constitutional Law, Issue 88 - May 2023, Trending News
May 02, 2023
120 views 50 mins 0

For the people or with the people? An appraisal of the right to assembly and the practice in Kenya

The opposition has for decades been a headache to the government of the day through the organization of these demonstrations which springs from Article 37 of the Constitution. Under the wake of the new Constitution promulgated in 2010, the country has witnessed at least three demonstrations organized by the Opposition to wit: following the announcement […]

Constitutional Law, Issue 87 - April 2023, The Judiciary
April 11, 2023
124 views 18 mins 0

Guest post: Judicial review of Governors’ delay in assenting to Bills – A response

Various Commissions like the National Commission to Review the Working of the Constitution and the Puncchi Commission have called for constitutional amendments to prescribe a time limit by which the Governor has to give his assent. However, no action has been taken in furtherance of these recommendations. The failure of legislative intervention necessitates judicial intervention by laying down standards […]