Human Rights, Issue 88 - May 2023, The Judiciary
May 02, 2023
64 views 31 mins 0

A blessing or a jinx? The impact of political opposition in contemporary Kenya: building an arena for effective political opposition

Democracy and opposition are supposed to go hand in hand. The nascent debate in Kenya is not just about whether democracy will survive, but about the quality of that democracy if it does. The role, functions, legitimacy and capacity of political opposition, in a situation where it is highly fragmented, constitutes a key aspect of […]

Rwanda: National memory and violence of forgetting a genocide

During this tumultuous period, over a million people were slaughtered by Hutu extremists targeting the minority Tutsi. The events of that period highlighted the indefatigable capacity of humanity to commit unspeakable acts of destruction. But the 29th anniversary of the killings also illustrates the construction of national memory and the violence of forgetting genocide. The […]

The silent scourge: a call for outlawing marital rape in Kenya

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 […]

Justifying gender equality in electoral politics:  is the quota system the solution?

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 […]

Constitutional Law, Issue 88 - May 2023, Trending News
May 02, 2023
117 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 […]

Elections Law, Issue 88 - May 2023, Trending News
May 02, 2023
52 views 4 mins 0

CLA on freedom of expression, the rule of law and support for fair and free elections in Zimbabwe

For democracy to flourish, informed and tolerant debate is essential. Contrary views must be respected. Some events have occurred in Zimbabwe which cause concern to the CLA. The Private Voluntary Organisations (PVO) Bill which has passed Parliament has attracted much comment. The CLA considers the PVO Bill to be inconsistent with the Constitution of Zimbabwe […]

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 […]

Constitutional Law, Issue 87 - April 2023, The Judiciary
April 11, 2023
122 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 […]