Human Rights
rule of law

Why the rule of law must be enforced

As much as the Constitution provides for vital principles such as the separation of powers, independent offices and constitutional commissions, free speech, leadership and integrity, accountability, participation of the people, devolution, representation and universal suffrage, these ideas mean nothing without the observance of the rule of law. This is the legal principle that the law should 

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KAPARO

Hate Speech and responsibility of the media in Kenya

Every time a general election approaches, politicians often capitalise on ethnic affiliations and differences in order to galvanise votes in terms of “us against them”. In the aftermath of the 2007-2008 post-election violence, the Waki Report singled out hate speech as one of the drivers of the crisis. As a result, the National Cohesion and 

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FREE SPEECH

Judgment declaring Section 132 of the Penal Code Unconstitutional: “undermining authority of public officer”

PETITION 174 OF 2016 ROBERT ALAI VS ATTORNEY GENERAL & DPP ARTICLE 19 EASTERN AFRICA (INTERESTED PARTY) JUDGMENT 1. This petition is a challenge to the constitutionality of Section 132 of the Penal Code, Cap 63 Laws of Kenya.  Robert Alai, the petitioner, was on 17th December 2014, arraigned before the Chief Magistrate’s court at 

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robert-alai

Court strikes out law that criminalizes criticism of public officers

On 26th April, 2017, Justice E.C Mwita on the Constitutional and Human Rights division of the High Court at Milimani declared Section 132 of the Penal Code unconstitutional. The section created the offense of ‘undermining authority of public. Blogger Robert Alai and ARTICLE 19 petitioned the courts after Robert Alai was arrested and charged for 

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tourture

Prevention of Torture Act is a vital step in the right direction

On April 13, President Uhuru Kenyatta assented to the Prevention of Torture Act. This is the culmination of five years of advocacy by civil society for an anti-torture law. It buttresses Article 29(d) of the Constitution, which guarantees freedom from torture and cruel, inhuman or degrading treatment or punishment. This right cannot be derogated under 

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women reps kenya

Women Representatives want to run CDF like Affirmative Action Fund

If Parliament succeeds in sneaking in constitutional amendments proposed in late January, 2017, Woman representatives will be in charge of the Affirmative Action Social Development Fund, which is designed to cater for marginalized and special interest groups. Other amendments proposes to create a CDF fund alongside the consolidated fund and an oversight fund for MPs 

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Lenaola

Why Lenaola will be greatly missed at constitutional and human rights courts

The announcement by the Judicial Service Commission that Hon. Justice Isaac Lenaola had been selected to fill the vacancy of Judge of the Supreme Court has been celebrated and lauded by all Kenyans, especially those who follow constitutional and human rights cases and jurisprudential trends in this country. For a lawyer like me, who often argues before 

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media freedoms

Stop Intimidation of Journalists

Journalists in Kenya are facing an increasingly polarised, repressive and disconcerting working environment. Various agencies and actors of the national and county governments; elected politicians and in some cases citizens; have taken it upon themselves to normalise, unwarranted and continuous harassment, stalking, physical abuse, online bashing, physical assaults and in some cases attempted assassinations of 

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HIJAB

COA JUDGMENT ALLOWING GIRLS TO WEAR HIJABS IN CHRISTIAN SCHOOLS IS GOOD FOR FREEDOM OF EXPRESSION

The Court of Appeal recently ruled that preventing Muslim girls from wearing hijab in church-sponsored schools violated the Constitution. The court also directed the Education directorate to ensure the creation of new rules on school uniforms and not to discriminate against students based on religion, The decision touches on the right to freedom of conscience, 

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