Katiba Corner

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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A new book about our Constitution – and our Courts

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 […]
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Senate’s county hiring plan risks undermining gains of devolution

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 […]
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Saga of reparations for victims of protests – where are we now?

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 […]
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When judges are parties to court cases: Who judges judges?

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 […]
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Protecting the Constitution through Public Interest Litigation

Senator Okiya Omtatah, Adrian Kamotho Njenga, Isaac Aluochier, Dr Magare Gikenyi, Katiba Institute, Kenya Human Rights Commission, Law Society of Kenya. Have you ever wondered how these people and organisations […]
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The Constitution means 2027 won’t be like 1992

Some commentators, and perhaps even some politicians, may not have focused on a significant difference between the Constitution in 1992 and that now. And probably the public even less so. […]
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