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Unlocking the Irreversibly Closed Gaol Gates: Kenyan Court Declares Life Imprisonment Unconstitutional
Last month, the Kenyan Court of Appeal ruled that life imprisonment sentence violates fundamental constitutional rights. Joshua Nyawa explores the Court's reasoning and the decision’s far-reaching implications for Kenyan jurisprudence.
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.
Basic Structure and Tiered Amendment Processes: The Kenyan Supreme Court’s BBI Ruling
Gautam Bhatia considers how the Kenyan Supreme Court’s judgment in the BBI matter reflects the complexity of applying the basic structure doctrine in a tiered amendment context, where the amendment process explicitly carves out a high threshold of public participation.
The BBI Judgment: Of Basic Structure Doctrines and Participatory Constitution-making
Dr Silvia Suteu argues that the BBI saga raises important questions about the interplay between unamendability and participatory constitution-making, and considers the relevance of the participatory nature of the adoption of Kenya’s 2010 Constitution vis-à-vis the acceptance or rejection of unamendability in the BBI case.
Public Participation in Kenya: What is it?
Following the decision of the Kenyan Supreme Court in the matter concerning the BBI Bill, Dr Linda Musumba examines the meaning of “public participation” as required by the Kenyan Constitution.
The Kenyan Supreme Court writes a new chapter in the history of the rule of law in Africa
Dr Stefanie Rothenberger, head of the Konrad Adenauer Stiftung’s Rule of Law Programme for Anglophone Sub-Saharan Africa, reflects on the Kenyan Supreme Court’s recent decision on the Building Bridges Initiative with Dr Willy Mutunga, the former Chief Justice of Kenya.
Revitalizing the Right to Abortion in Kenya: A commentary on PAK v. AG
On 24 March 2022, the Kenya High Court delivered a momentous ruling on the right to abortion in PAK & another v Attorney General & 3 others . The decision sets a tempo in safeguarding women’s rights not only in Kenya but across the world.
Court in the Crossfire
Former Chief Justice Willy Mutunga writes about the role of an independent judiciary as the custodian of constitutional democracy in Kenya.
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