Constitutional Law, Issue 90 - July 2023
July 06, 2023
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The illusion of separation powers doctrine in Kenya

The term separation of powers otherwise referred to in French as “trias politica” was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.[1] Montesquieu was of the considered view that when the legislative and executive powers are united in the same person, or in the […]

Issue 90 - July 2023, The Judiciary
July 06, 2023
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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 […]

In the Spotlight, Issue 90 - July 2023, Opinions
July 06, 2023
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New beginning or a false start?

The inauguration of the Kenya Kwanza government filled the hearts of a large majority of hustlers with much joy, in the belief that it heralded a great new dawn that would see hustlers of this great country witness prosperity, equity and human dignity. The momentous occasion, celebrated at a packed to overflowing Kasarani stadium, persuaded […]

Issue 90 - July 2023, Legislation
July 06, 2023
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Why legislators continue to be a disgrace in Kenya

In Kenya, the main functions of the Legislature are representation, legislation and oversight.[6] This means that Kenyan legislators are representatives of citizens’ interests, who deliberate and approve relevant legislation to promote the country’s development and democratic governance, oversee the actions and governance of the Executive power, as well as the national budget and its execution. […]

Constitutional Law, Issue 88 - May 2023, Trending News
May 02, 2023
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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 […]

Issue 88 - May 2023, Opinions
May 02, 2023
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Why I salute the late Justice Hayanga

In a functioning constitutional democracy, an impartial and independent judiciary with the power to remedy breaches of fundamental rights is indispensable. Justice Hayanga understood this and used his legal acumen to further cement the supremacy of the Constitution in the protection of fundamental constitutional rights. This was almost a decade before the adoption of our […]

The electorate under siege; rethinking the place of political manifestos and their legal enforceability in Kenya

Politicians, though bound by the national values and principles of governance both before and upon ascension into office, have lived to misguide the electorate with regards to their public promises vis a vis their implementation.  The national values and principles of governance bind all state organs, state officers, public officers and all persons whenever any […]