Katiba Corner

What if the Trump-Comey saga in the US happened in Kenya?

Trump-Comey saga President Donald Trump sacks James Comey, the head of the Federal Bureau of Investigation, creating a storm with words and phrases such as “outrage”, “constitutional crisis” and “impeachment” […]
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Engaging in a public participation law

“Participation” is not new to Kenyan law. The Environmental Management and Coordination Act of 1999 stresses the importance of the principles of sustainable development­ — later recognised as a national […]
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What explains ranking of Kenya’s freedom of media?

Two news items on one day give food for thought. First, the latest World Press Freedom Index published by Reporters Without Borders puts Kenya at position 95, well above Nigeria […]
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Nominations should have complied with gender rule

On April 20, the High Court issued yet another judgment on the apparently never-ending controversy on the two-thirds gender rule. This time, the question facing Justice Chacha Mwita was different […]
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Mental illness should not bar citizens from casting ballots

Reading other people’s Constitution is an interesting exercise because it tends to shed light on our own. The Constitution of the Solomon Islands — a small country in the Pacific […]
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How we got into two-thirds gender mess, how to get out

In the recent case brought by the Centre for Rights Education and Awareness, Justice John Mativo said within two months, Parliament must legislate to ensure the new Parliament has no […]
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Courts and the potency of freedom of information: The JSC Case

The story this week begins with access to information. It ends as a clear example of why access to information is important—namely because it can produce transparency that can go […]
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How Courts Continue to Thwart State’s Agenda to Stifle the Rights to Assemble and Demonstrate

The Confidence from the Constitution On a sunny Tuesday morning in January there was an awkward scene outside Milimani Courts. Hundreds of doctors gathered, most in their signature white coats […]
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