Katiba Corner

Protection of women, girls against FGM

The Bill of Rights in the Constitution, Part 3, provides for the application of specific rights to certain groups, to ensure “greater certainty”. Children (Article 53), persons with disabilities (Article […]
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Human rights and democracy: The issues at stake

This article is inspired by a recent court decision that largely equates the position of non-human “persons” to that of human beings in the context of human rights. Human rights […]
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Understanding High Court’s Haiti decision

Presumably the President thinks this is another example of the courts, and certain objectionable people through the courts, standing in the way of his great ideas. Some people have reacted […]
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Web of accountability among the arms of government

Accountability is one of the national values under Article 10 of the Constitution, where it is linked with good governance, integrity and transparency. The word’s origin is related to “count” […]
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Supreme Court takes critical step in resolving a constitutional dilemma

Access to court is a constitutional right, and the constitution guarantees an independent Judiciary, in part, to protect that right. Access to courts and an independent Judiciary does not mean, […]
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The land, the ministry, the commission (and the court?)

From the grabbing of land by the colonialists, through the resistance (notably through the Land and Freedom Army) to the supposed “willing buyer willing seller” solution after Independence and the […]
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Governments, courts and litigation

Two things early this week resonated nicely with each other. First let me share some quotes: “The Judicial Review process is being abused by campaigners who disagree with policy set […]
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Public participation in what, when and especially, how?

The number and variety of cases in which decisions have been declared unconstitutional in Kenya due to a lack of public participation shows how intricate public participation can be. PSC […]
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