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Cover Story

Religion and The Kenyan Constitution

Volume 16, Issue 1 | Published 07/06/2019  
The first time visitor to Kenya will soon discover that Kenya is a very religious country. Churches and mosques are found on most streets and in the remotest of places. Visit the Coast or North Eastern and you will almost certainly waken up to the Islamic Adhan call to prayer.…

The Right To Culture

Volume 16, Issue 1 | Published 07/06/2019  
By Lotte Hughes and Emily Kinama By-lines: Lotte Hughes is an historian working on contemporary Kenya. Until recently she led a major research project on culture and constitutional change. Emily Kinama is a litigation and research counsel at Katiba Institute.
By Prof. Jill Cottrell Ghai The constitutional vision The overall vision in the Constitution is of a Kenya where everyone is equal and equally respected. Women and men have the right to equal treatment, including equal opportunities in all spheres of life (Article 27). And it is specially forbidden to…

Friend or Foe: The Government of Kenya and Freedom of Expression

Volume 16, Issue 1 | Published 07/06/2019  
By Henry O Maina. By-line: Henry Omusundi Maina is the Regional Director, ARTICLE 19 Eastern Africa, a regional human rights organisation that defends freedom of expression in 14 Eastern Africa countries. He holds a Master of Laws Degree in International Development Law and Human Rights from the University of Warwick…

The Right to Health in Kenya: A case of contradictory narratives

Volume 16, Issue 1 | Published 07/06/2019  
By Allan Maleche, Tabitha Griffith Saoyo and Nerima Were. By-line: Allan Maleche is a human rights lawyer and the Executive Director of KELIN. He is also the Board Member of the Developing Country NGO Delegation to the Global Fund to Fight AIDS, TB and Malaria Board. Tabitha Griffith Tsaoyo -…

Electoral Integrity

Volume 16, Issue 1 | Published 07/06/2019  
By-line: Seema Shah is an independent researcher focused on electoral integrity and human rights. She was previously the Director of Research for the Kura Yangu Sauti Yangu civil society coalition in Kenya. Introduction Chapter Seven of the Constitution of Kenya, 2010 seeks to ensure ethical and independent electoral management, broad…
By Gitungo Wamere & Jessica Musila of Mzalendo Trust By-line: Gitungo was Mzalendo's Program Officer during the 11th Parliament. He is presently on study leave pursuing a Master of Public Policy in University of Erfurt, Germany. For the past eight years, Jessica Musila has served as the Executive Director, Mzalendo…
By Walter Khobe Ochieng By-line: Walter Khobe, is a Lecturer at the Department of Public Law, Moi University and an Advocate of the High Court. Introduction The 2010 Constitution is committed to a new, democratic, accountable, participatory, and egalitarian order. This can be seen in article 10 of the Constitution,…

Devolution: Why People Wanted it, and What They Got

Volume 16, Issue 1 | Published 07/06/2019  
By Prof. Yash Ghai. I. Hopes and plans Some history At independence time there was a feeling that too much power was concentrated in Nairobi (and in a few tribal communities), and decisions affecting people were made far away from them. The independence constitution transferred significant powers throughout the country.…
By: Tom Kagwe, J P Introduction The Constitution of Kenya was met with much optimism. It provides for a different security system from that in colonial or even post-independence Kenya, envisaging wide-ranging transformation of the policing, intelligence, and military sectors. Many have questioned why reforms have not yielded the yearned-for…