Electioneering Period and the LGBTQI+ Vote in Kenya

Kenya’s general election is slowly gearing up, with the elections slated for 9th August 2022. Any electioneering period in the country has always been marred with cases of violence, and members of the LGBTQI+ community have been victims of the violence. The political environment of hostility and violence has unfortunately enabled homophobes to act on…

Free and Equal: Towards a Fearless Future for the LGBTQI+ Community in Kenya

ANALYSIS Kilili Nthiw’a 15 July 2022 “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[1] Article 1, UN Declaration of Human Rights Slightly over two months ago in April of 2022, the life-less body…

Colonial Legacy and the Nubians in Kenya: A Question of Identity

ANALYSIS Cecilia Ngaiza 25 February 2022 The narration of the black history in relation to the aftermath of colonialism in the post-colonial Africa encompasses the question of damaged identity to some African ethnic communities to the expense of experiencing barriers to the enjoyment of the right to citizenship. A specific example to this dark side…

‘Good Order’ as Basis for Conducting Data Protection Impact Assessment during Transitional Periods

ANALYSIS Nelson Otieno 21 January 2022 Registration of Persons Act[1] is the legislation that provides for registration of Kenyans who have attained the actual or apparent age of eighteen years or over. The Act empowers registration officers to issue National Identity Cards as evidence of registration. Sometime in 2018, the Government of Kenya passed the…

The Wheels of Change of Constitutional Law and Constitutionalism in Africa – The BBI Court of Appeal Judgment in Kenya

ANALYSIS Jan Maina 07 January 2022 The Kenyan Constitutional Civil Appeal Case of Independent Electoral and Boundaries Commission & 4 others v David Ndii & 82 others[2021] commonly referred to as the Building Bridges Initiative (BBI) judgement, certainly impacts the constitutional jurisprudence within Kenya and Africa at large[1]. By declaring a presidential constitutional amendment unconstitutional…

The Contingent Role of the Basic Structure Doctrine for Constitutionalism in Africa

ANALYSIS Berihun Gebeye 05 November 2021 Kenyan courts’ use of the basic structure doctrine to strike down President Uhuru Kenyatta’s the Constitution of Kenya Amendment Bill 2020 as unconstitutional has attracted many reactions both in Kenya and abroad. We have seen extremely rich arguments about the basic structure doctrine in Kenya both in the High…

Kenya’s Repatriation of Refugees in a Wake of Regional Integration

COMMENT Jan Maina 09 April 2021 Kenya has in the past week ordered closure of Daadab and Kakuma Refugee camps which are among the world largest refugee camps[1]. In light of this, begs the question, what is the essence of regional integration, if countries cannot stand by the very instruments they have vowed to implement…

Encouraging Renewable Energy Deployment in Kenya – Analysing the Legal and PoliticalTools

ANALYSIS Hannah Kadner 12 March 2021 Kenya 2030 – a mission (almost) accomplished. A mission designed to address the issue of insufficient energy supply in the East African country. Considering that Kenya is a so-called developing country (ranking 147th of 189 on the Human Development Index, in 2019) this aim of Kenya`s former president Mwai…