Constitutional Triumph or Constitutional Aberration?
The Kenyan Hight Court's incorporation of the basic structure doctrine into the Kenyan constitutional framework has been generally received as a cause for celebration among constitutional scholars. This article, however, calls for some restraint in the growing scholarly celebration of efforts to expand the basic structure doctrine.
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The BBI Judgment and the Invention of Kenya
On 13 May 2021, the Constitutional and Human Rights Division of the High Court of Kenya delivered its judgment in David Ndii and Others vs The Attorney General and Others, widely referred to as the BBI judgment. The shape and future of the constitution is not all that is contested. So too is Kenya’s history.
Continue reading >>The Basic Structure Doctrine arrives in Kenya
On 13 May 2021, a panel of five High Court justices ruled that the so-called Basic Structure Doctrine applies in Kenya. The judgment is not only a milestone from the perspective of comparative constitutional law; it might also change the future landscape of constitutionalism in Africa.
Continue reading >>COVID-19 in Kenya a Year Later: A Case of Déjà Vu
What began as a health crisis quickly morphed into an economic, human rights and governance upheaval. In March 2021, we came full circle as we saw a return to excessive law enforcement in the country on account of the third wave of the virus, which has led to a surge in the number of people testing positive and thrown the country back into a state of disarray as poorly resourced health facilities grapple with the influx of cases.
Continue reading >>Excessive Law Enforcement in Kenya
Kenya's President is yet to declare a state of emergency and has opted to implement measures that ensure citizens can continue with their lives. Constitutionally, rights may only be limited by law and only to the extent that is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
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