Katiba Institute (KI) was established to promote the understanding and implementation of Kenya’s new Constitution. KI endeavours to enhance the implementation and the realization of the objects of the constitution through research, constitutional education, constitutional litigation and encouraging public participation.
Katiba Institute, in collaboration with the University of Western Cape, South Africa, are undertaking a comparative study on critical devolution issues. The study will culminate in a book. In the meantime, some of the topical issues, especially those concerning Kenya are featuring in a series published in the Star Newspaper. Click here to see the topics published in the Star thus far
Kenya and South Africa’s new constitutions have much in common. One such feature is a devolved system of government.Power is shared in Kenya between the central government and 47 counties, while in South Africa it is between the national government and nine provinces and 278 municipalities. Both constitutions avoids the word 'federal'.Although the South African constitutional model of devolution was… Read more
November 1, 2013. Today, the Supreme Court has issued an Advisory Opinion on Reference No. 2 of 2013. The Reference was brought to the Court by the Senate which complained that the National Assembly had ignored its views and by-passed specified constitutional procedures in passing the Division of Revenue Bill - the law that determines how the revenue has to be shared between the National and County governments. KI was an Amicus Curiae (friend of the Court in the case). KI had argued that Senate should have been involved in the determination of the Division of Revenue Bill, but had cautioned against the Supreme Court taking jurisdiction on account that the proper forum for the dispute was the High Court. The Supreme Court accepted jurisdiction and determined that the Speaker of National Assembly and the National Assembly used unconstitutional procedures in passing the Division of Revenue Bill because they ignored Senate's input. Read the Judgement in Advisory Opinion Reference and KI Senate Submissions Final here.
Katiba Institute has completed a Briefing for Minority Rights Group International on Minorities and Political Participation in Kenya. The Briefing explores normative and institutional mechanisms for enhancing minorities’ political participation in the March 2013 elections. The Briefing is intended to help minority communities lobby for inclusion of their concerns during the 2013 election process and the implementation of the new Constitution. It is also hoped that those from minority communities seeking elective positions at either the county or national levels will draw from this report insights for engaging with the emerging opportunity structures
Uhuru Kenyatta and William Ruto, both of whom face charges of crimes against humanity before the International Criminal Court, (ICC), have declared that they will seek office as president and deputy president in Kenya’s General Elections scheduled for 4th March 2013.
Among other constitutional crises, a major row between the parliament and the judiciary is brewing. On 3rd February, on a petition of some civic organizations,....Click to download Courts vs: Parliament: What The Law Says