Katiba Corner

Can state officers elected as independents join parties?

All elected politicians were members of Kanu before 1992 (except for a short period after Independence). From 1982, section 2A of the old Constitution made this the legal position. Once […]
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The rule of law, and unconstitutional laws

The courts’ powers to declare law unconstitutional, and their willingness, are crucial to maintaining the “rule of law” in Kenya – a phrase that appears seven times in the Constitution. […]
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Declaring law unconstitutional a critical power of courts

An item in the Standard (Monday, March 25) was headed, dramatically, “State Property can be auctioned or Cabinet Secretary jailed over debt” and it purported to explain a ruling/judgment by […]
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What are Kenyan judges doing when they sentence someone to death?

When the death penalty was still imposed (and carried out) in England, judges would put on a formal black cap and pronounce: “You are sentenced to be taken hence to […]
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Parliament is supposed to represent us – it’s not just for them

News about our MPs is rarely positive. Recently an audit report said many MPs claim travel expenses for non-existent visits to their constituencies. Apart from the dishonesty involved, this indicates […]
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Demystifying Court of Appeal’s life imprisonment judgments

The Court of Appeal has, in the last year, signalled new hope in the field of criminal justice. In two progressive and groundbreaking decisions, it has held that provision in […]
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Rights for prisoners and prison staff

“Prisoners are probably the most rightless group within the population, with neither the law nor the courts providing protection.” This was written in 1986, but was something of an overstatement; […]
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Lessons from a saga of law making and unmaking

Among familiar problems with our law making is that too often Acts passed by Parliament are held unconstitutional, some for inadequate public participation. Others are inconsistent with the constitution – […]
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