Katiba Institute has published a book “EQALITY Under Article 27 of the Constitution: A Guide Primarily for Administrators.”
The book explains the way the Constitution of Kenya deals with the matter of equality. It is inevitably a law book and draws on the cases that have been decided in the Kenyan courts. It is also intended to be of practical assistance, so it draws on various guides on practical steps to achieve greater equality and to avoid discriminating.
This book is about Article 27: the right to equality and not to be discriminated against. It is inspired by books produced in some countries for the judiciary – what does it really mean to treat those who come before you in court equally? But this is a question that faces not only the judiciary. So this book covers a wider range. It is designed for the whole range of public servants. However, it does have chapters on some of the major sectors – health, education, employment, and the justice system.
The first part of the book (after this introductory chapter) looks at difference – the various ways in which people in Kenya might be viewed as different and discriminated against. The second Part (from Chapter 4) first looks at the concepts involved – equality, equity, discrimination, affirmative action etc). Then it takes various concrete contexts in which decisions and actions may be taken that may or may not be guided by these rights and duties.
The Appendix highlights some of the cases that Kenyan courts have decided since the Constitution was adopted in 2010.
To access the book, click on the title provided below:
EQALITY Under Article 27 of the Constitution: A Guide Primarily for Administrators.