Katiba Corner

Presidents, Mercy and Constitutions

I read an article in the New York Times that reminded me, not for the first time, of how in many ways our Constitution is superior – or potentially superior […]
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Why do some get more? Damages, big inequality and the Constitution

George Gakono Gathomi was assaulted and tortured by two police officers, at the behest of the Water Irrigation Board allegedly for an unpaid water bill (not a crime!). He was […]
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Reading the Constitution about the Police Service Commission

You have probably read about the turf war between the Inspector General of Police and the National Police Service Commission (the commission)–portrayed, sadly, as motivated by desire to control the […]
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What the Constitution says about tax

This may become an occasional series about the Constitution and public money. Like people, the state collects money, keeps money (hopefully safely) and uses (spends) money ¾ having, one hopes, decided sensibly […]
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Does the Constitution have anything to say about foreign affairs?

The Royal Prerogative’ still exists to some limited extent in the United Kingdom. It refers to the powers of the monarch (now exercised on the ‘advice’ of the government) simply […]
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When should evidence wrongfully obtained be usable in Court?

Under evidence law certain evidence may not be used in court – though this should be restricted to necessary situations, and the main focus be on whether the evidence is […]
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Senate and its powers, good and bad

In the 1963 Constitution, the Senate was “intended as a political safeguard for majimbo” (Ghai and McAuslan, Public Law and Political Change). But majimbo lasted just a year. In 1967 an […]
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Migration, Democracy and the Constitution

International IDEA, based in Sweden, produces an annual report on the state of democracy worldwide. Each year this includes a special topic—which this year is “democracy on the move”. The […]
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