New constitutions come because people want change. Often that change also requires new ordinary law. But the lawmakers may include many who resist change because it is designed to limit […]

I have pointed out how the constitution tries to ensure that certain institutions and officers are independent, particularly of political influence. The techniques include clear statements that agencies must be […]

Sometimes the criminal law can seem quite remote from the realities of life. We know that in some Kenyan communities many young people “marry” before they reach adulthood. (I say […]

I want to unpack an idea that is very important in the Kenyan constitution – that of “independence” of decision-making agencies and offices. The words “independent” or “independence” appear in […]

It is easy to think of one issue at a time, or one court case at a time. But how is the Constitution – and the courts that have such […]

A Senate committee has come up with a proposal to change the law to deal with a perceived tendency of counties to appoint to their public services too many people […]

In March last year ODM and UDA signed the “10 point agreement”, including the right to peaceful assembly and protests under Article 37 and compensation for victims of protests and […]

In the Rawal case (see below) the Court of Appeal said, “Judges …are not autocrats but are obligated to be faithful to the law and to apply it impartially and […]