Katiba Corner

There are more ways to kill Constitution than repealing it

The Kenyan constitution is unusually emphatic about its central role in the nation’s life. It is, of course, our basic, fundamental law. It is the framework for government, the basis […]
Read More

‘Living within our means’ –What does the Constitution say?

Various officials of government have been telling us, “We must live within our means.” Among various natural reactions, including “deal with corruption” and “cut the wasteful spending” one was very […]
Read More

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 […]
Read More

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. […]
Read More

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 […]
Read More

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 […]
Read More

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 […]
Read More

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 […]
Read More
SUBSCRIBE FOR UPDATES

Stay in the Know!

We respect your privacy.