Katiba Corner

Mattresses, gas cylinders and the price of Kenya’s democracy

The reported remarks of Anne Nderitu, a member of the IEBC and former Registrar of  Political Parties, were deeply depressing, as she spoke about distribution of goodies before Ol Kalou by-election.  What […]
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Has the constitution failed the residents of Lamu?

On June 20, 2014, Lamu was placed under a night curfew by the Inspector-General of Police. Shortly after, the Cabinet Secretary for Interior imposed a night travel ban on public […]
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High Court disagrees about hiring and sacking Cabinet Secretaries

The recent High Court case (search for [2026] KEHC 9465) – usually mentioned as being about the Cabinet and the two-thirds gender rule – is interesting for other reasons. Actually, the gender […]
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Marriage, divorce and equality under the 2010 Constitution

As well as a vision of a new Kenya – a truly democratic Kenya with accountability as a key value – the constitution also has a vision of a new sort of relationship […]
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Kenya’s Constitution and the Unfinished Gender Rule Debate

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 […]
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Here’s why Kenya’s independent agencies still depend on politics

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 […]
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Defilement dilemma: When Kenya’s criminal law clashes with social realities

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 […]
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‘Independence’ under the Constitution – what it means and why it is important

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 […]
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