Research & Publications

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Why?

We believe that proper implementation of the Constitution would benefit greatly from well researched work that includes detailed explanation of the various concepts and provisions and a comparison with other jurisdictions as to how they are implemented. However, that research must also look at the local context within which these provisions apply.

Why Research ?

A great deal of our own internal work requires research. It feeds into our preparation for our litigation and we pride ourselves on its quality. Research is also essential to our publications, including books, manuals on key Constitutional issues, occasional papers, journal articles, newspaper articles, advisory opinions to government and non-governmental institutions, development of model legislation and critique of proposed and existing legislation and designing of training programmes for the judiciary, developing civic education materials.

We note that there still is a significant need to carry out more constitutional research. At present, there are very few institutions, including institutions of higher learning, that are engaging in the thorough constitutional research that is necessary to help explain the meaning, context and implications of various constitutional provisions. 

Therefore KI sees as part of its mandate to include undertaking research on topical and complex constitutional issues which is needed to assist in policy development, seminal litigation and guiding precedent setting judgments and informing civil society work on constitutional matters.

Defending our future

This is the Ogiek Land Rights Case Implementation Report published by Katiba Institute on 26 May 2020.

On 26 May 2017, the African Court on Human and People’s Rights (African Court) delivered its judgment in what has come to be referred to as the Ogiek Case.This ended an eight-year journey commencing in November 2009 when the African Commission on Human and Peoples’ Rights (African Commission) received a communication from the Ogiek community through the Centre for Minority Rights Development (CEMIRIDE) and Minority Rights Group International (MRG).

Participation of ethnic minorities

The study sought to establish and understand the claims of marginalised ethnic communities and groups and available platforms for their participation. Conducted in 16 Counties, the research also seeks to achieve active participation of the said groups through enhancing awareness of relevant non-state actors, and representatives of community groups on the ethnic minorities and marginalised communities in Kenya; their rights under the Constitution of Kenya 2010; and effective approaches to programmes and activities aimed at enhancing participation in political and other governance processes. The study involved desktop research and primary data was collected in sixteen (16) counties in Kenya

Environmental Impact Assessments in Kenya

Katiba institute has published a guide on the basics of environmental impact assessments in Kenya. The guide focuses on environmental impact assessments processes, which are aimed at ensuring the dual goals of sustainable exploitation of natural resources and conserving a clean and healthy environment, when major projects are carried out.

We believe that the main readership of this Guide is likely to be the members of the public, or Non-governmental Organisations (NGOs), who wish to be sufficiently knowledgeable to challenge an EIA report, or to participate in public meetings about the project.

Constitutional Transitions and Territorial Cleavages

The paper by Yash Ghai and Jill Cottrell Ghai, centers on constitutional transitions and territorial cleavages in Kenya before and after independence.

Katiba Audit Book - Cover

The book discusses the achievements and challenges of the 2010 Constitution. 

Independent Candidates and the Constitution

The paper reviews arguments against the whole idea of independent candidates and the responses to those arguments, including some observations on how these arguments would play out in the situation in Kenya. It also reviews the constitutional and legal framework for being an Independent candidate in Kenya, in terms of qualifications(the same as for party candidates), supporters required (though not required for party candidates). It observes that to prevent party members from being supporters for independent candidates is perhaps unfair, and maybe unconstitutional.

Katiba Book 101

The “101 Things You Wanted To Know About The Police But Were Too Afraid To Ask” booklet is a collaborative effort engineered towards education of the Public on the workings of the Police. 

Animating Devolution in Kenya “The role of the Judiciary

A commentary and Analysis on Kenya’s Emerging Devolution Jurisprudence Under the New Constitution (ed. Conrad Bosire and Wanjiru Gikonyo)2015.

Guide Public Interest Litigation in Kenya

Public Interest Litigation(PIL) has been a particularly critical tool for testing, clarifying and shaping law, policy and practice in societies across the globe. PIL will make an important contribution to the lives of many Kenyans.The guide provides a detailed conceptual and practical guidance on various options for Public Interest Litigation.

Ethnicity,Nationhood and Pluralism Kenyan Perspectives

A commitment to pluralism requires systematic effort across all sectors of society. Building an ethic of respect – for diversity, for difference, for the achievement and outcomes of compromise – is hard work, but the results are worth it.(ed. Yash Pal Ghai and Jill Cottrell Ghai. 2013) 

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Katiba Institute regularly makes use of Article 35 on Access To Information (ATI) to give effect to the constitutional principles of transparency, accountability and freedom of expression. It has been shown that transparency in government activities minimizes incidences of illegalities and corruption and empowers the public to hold their government to account. However, the Kenyan government and most State agencies are very protective of the information they hold, despite the Constitutional requirement that they ought to be proactive in disclosing information that is of interest to the public.