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Gen-Z Demonstrations and Kenya’sConstitutionalism
In this post, Duncan Okubasa observes the Gen-Z protests in Kenya as a reaction to increased taxes on essential goods and broader discontent with the government. He highlights how the protests exposed significant issues within Kenya’s constitutional framework, including executive dominance over the legislature, disregard for political rights, and co-optation of opposition figures. Finally, he observes that despite these challenges, the protests may inspire progress toward the democratic ideals in Kenya’s 2010 Constitution through increased civic engagement and institutional accountability.
Review of the Proposed Kenyan Sign Language Bill 2023
The Kenyan Sign Language Bill 2023 was designed to integrate sign language into judicial, educational, and public settings. In this week’s blog post, Ann Haret Chepkemoi reviews essential proposals made in the Bill and discusses how it will break down barriers and empower the deaf community.
Enlivening the Paramountcy of the ‘Best Interests of the Child’ Principle: Kenya’s Supreme Court Judgment
In a groundbreaking decision on September 8, 2023, Kenya's Supreme Court overturned rulings from lower courts that prioritised public interest over the "best interests of the child" principle. In this blog post, Joshua Nyawa discusses the significance of this judgement which redefined cases involving children accused of criminal offenses, emphasising the best interest of the child over mere public curiosity.
Children’s Disability Rights: Access to Education for Children with Disabilities in Kenya
Education is a fundamental human right and many States have made a commitment to “ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all” (see the Agenda 2030 on Education). Nevertheless, achieving this goal of granting everyone, equal access to a high-quality education regardless of their gender, race, and abilities remains a challenge. In this article, Tiffany examines some of the challenges faced by Kenyan disabled children in accessing education, and how the State has attempted to move its legal machinery to ensure the right is realised.
From Symbolic Constitutionalism to Real Constitutionalism: Taming Imperial Presidency in Kenya’s CAS Judgment
In a recent judgment, the High Court of Kenya ruled that the President had exceeded his authority by not following the required procedures when he appointed 50 Chief Administrative Secretaries (CAS). Joshua Nyawa delves into the implications of this ruling and argues for a shift from symbolic constitutionalism to real constitutionalism in Kenya.
Revisiting the Macharia v Safaricom: The Realization of the Right to Employment of PWDs in Kenya
According to the World Health Organization, an estimated 1.3 billion people experience significant disability. This represents 16% of the world’s population or 1 in 6 of us. Persons with disabilities face discrimination and barriers that restrict them from participating in society on an equal basis with others every day. They are commonly denied amongst others rights, their right to be included in the workplace. In this article, Ann Haret Chepkemoi appraises laws that relate to persons with disability in Kenya.
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