The principal objective of Katiba Institute is to achieve social transformation through the constitution.

Litigation

LITIGATION Public Interest Litigation (PIL) is a key strategy in fulfilling KI’s core objectives of facilitating constitutional implementation. The Constitution contemplates that PIL can be used as a strategy to implement and defend it and...

The Pluralism Project

Introduction In 2013, Katiba Institute published a book: Ethnicity, Nationhood and Pluralism: Kenyan Perspectives, with the support of the Global Centre for Pluralism in Ottawa. This book can be found here by clicking on this link and...

Devolution

DEVOLUTION
The adoption of the Constitution of Kenya in August 2010 which establishes an extensive devolved system of government and current efforts to operationalise county governance, are the main supporting reasons for the establishment of the devolution programme at KI.

Katiba Institute

The Katiba Institute (KI), Located in Nairobi, was established in 2011 to promote knowledge and studies of constitutionalism and to facilitate the implementation of Kenya’s new constitution.The principal objective of KI is to achieve social transformation through the constitution. In the immediate, KI works to help promote the implementation of the constitution. In the medium term, KI hopes that its work will help establish a culture of constitutionalism. In this regard, KI works on diverse areas of the constitution including issues of leadership and integrity, human rights, devolution, gender and electoral issues to appropriation of land and evictions of indigenous people and other long term settlers and protection against illegality and harassment by the police, facilitating public participation.

Its activities include publications on the Constitution, workshops on constitutional issues, public interest litigation, development of the legal and judicial system, establishment of county governments, land reform, review of legislative bills to implement the Constitution, and promoting the participation of Kenyans in public affairs.

 

Latest

Save Lamu v. NEMA & Amu Power Company Ltd – Judgment
On 26th June 2019, the National Environment Tribunal allowed  Save Lamu's appeal against NEMA's approval of the proposed 1050MW Lamu Coal fired power plant.  Save...
Read More "Save Lamu v. NEMA & Amu Power Company Ltd – Judgment"
Why the Constitution is not like a computer programme
This week Katiba Institute, with the cooperation of various civil society organisations, held a one-day event at Ufungamano Hall, on an “Audit of the Constitution”....
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The Katiba Audit
Katiba Institute is set to host a major constitutional forum with a focus on an audit of the Constitution of Kenya on Tuesday18th 2019. The...
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Constitution

The 2010 Constitution of Kenya, currently in force, replaced the 1969 constitution, that itself had replaced the 1963 independence constitution.The Constitution of Kenya was the final document resulting from the revision of the Harmonized draft constitution ofKenyawritten by the Committee of Experts initially released to the public on 17 November 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in June 2010. The public was given 30 days to scrutinise the draft and forward proposals and amendments to their respective members of parliament, after which a revised draft was presented to the Parliamentary Committee on 8 January 2010. The Parliamentary Select Committee (PSC) revised the draft and returned the draft to the Committee of Expertswho published a Proposed Constitution on 23 February 2010 that was presented toParliamentfor final amendments if necessary.

After failing to incorporate over 150 amendments to the proposed constitution, parliament unanimously approved the proposed constitution on 1 April 2010. The proposed constitution was presented to theAttorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to areferendumon 4 August 2010.The new Constitution was approved by 67% of Kenyan voters.

Click Here for  The Constitution of Kenya 2010.

The Pluralism Project

In 2013, Katiba Institute published a book: Ethnicity, Nationhood and Pluralism: Kenyan Perspectives, with the support of the Global Centre for Pluralism in Ottawa. We are now producing another book and we are now putting chapters as they are written on our website, which we are calling
State Services, Inclusion and Pluralism – Ben Nyabira
In the past, state services were dominated by the ethnic groups in charge of the state (especially the security forces/services and the public service generally) a matter of great concern to the excluded communities. Members of minorities have had little prospects of holding senior positions.
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Religion and Pluralism in the Constitution – Susan F. Hirsch, Professor
Religion and Pluralism in the Constitution: Expanding and Transforming the Kenyan Kadhis’ Courts Article 8 of the Constitution of Kenya states clearly and unequivocally: “There shall be no State religion” (2010b). Such a strong disavowal of religious establishment by the state effectively welcomes the wide range of religious practices existing …
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Kenya’s dilemma: What shall we do with this ethnicity?
Kenyans hear most of ethnicity once in four years. That is when election fever starts as the government launches into its electoral campaign. It thus starts the campaign by breaking the law and conventions governing elections. The opposition, such as it is, then gears up for the long and tedious …
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Pluralism, Language and the Constitution – Jill Cottrell Ghai
This paper examines the linguistic situation of Kenya, with a brief account of the history of government policies in the field of education and elsewhere in regard to language. It outlines the constitutional provisions as well as recent policy and legislative moves and explores the impact of devolution. It concludes …
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County governance and pluralism in Kenya – Conrad Bosire
The 2010 Kenya Constitution is clear about the pursuit of pluralism and diversity through its devolved system of government comprising 47 county governments and the national government. The objectives of devolution proffer that counties are to enhance diversity for purposes of national unity, and that county governments will facilitate the …
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THE VENERATION OF COMMITMENT: A TRIBUTE TO MY ELDER BROTHER, WAIKWA WANYOIKE ON LEAVING THE KATIBA INSTITUTE

Liberal democracy has been vaunted as a sure way of safeguarding Human Rights the world over. The state of liberal democracy and her fruits all over the world has come under considerable challenge. The challenge is even more dire for the men and women who risk their lives to speak …

Has the Constitution failed or it’s the implementers? Kenyans have their say

The words, “having participated fully in the making of this Constitution” in the preamble of the Constitution ring loud on the nature of the  2010 Constitution. The same preamble talks of “the aspirations of all Kenyan’s for a government based on the essential values of human rights, equality, freedom, democracy, …

Save Lamu v. NEMA & Amu Power Company Ltd – Judgment

On 26th June 2019, the National Environment Tribunal allowed  Save Lamu’s appeal against NEMA’s approval of the proposed 1050MW Lamu Coal fired power plant.  Save Lamu, represented by Katiba Institute, contended that NEMA had violated the Constitution, the Environmental Management and Coordination Act as well as EIA Regulations in issuing …

Access To Information

Katiba Institute regularly makes use of Article 35 on Access To Information (ATI) to give effect to the constitutional principles of transparency, accountability and freedom of expression. It has been shown that transparency in government activities minimizes incidences of illegalities and corruption and empowers the public to hold their government to account. However, the Kenyan government and most State agencies are very protective of the information they hold, despite the Constitutional requirement that they ought to be proactive in disclosing information that is of interest to the public.

Beyond making ATI requests on its behalf, KI also assists other civil society organizations and individuals to prepare FOI requests, especially when the information sought relates to a matter of great public interest.

KI has also published a Handbook on the Access to Information Act. Get access of the handbook here 

Download the Access to Information Request/Application template here 

Notable ATI Requests by KI

Judicial Service Commission recruitment of Chief Justice, Deputy CJ and Judge of the Supreme Court.

KI wrote to the Judicial Service Commission on July 14 2016 seeking information on the criteria that was used to shortlist applicants who applied for the positions of Chief Justice, Deputy Chief Justice and Judge of the Supreme Court. These positions fell vacant following the retirement of the former Chief Justice Dr. Willy Mutunga, Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi.

OKOA Kenya Referendum
KI has made (February 2016) an FOI request to the Independent Electoral and Boundaries Commission asking to be furnished with information on what were the issues raised in the General Suggestion by promoters of the OKOA Constitutional Amendment Initiative when it asked people to sign on in support of the popular initiative. KI is concerned that promoters of OKOA initiative may have developed a Constitutional Amendment Bill that includes proposals for constitutional amendments that go beyond what the promoters of the initiative proposed in the General Suggestion.

EACC Report on Mileage Claims by MPs
KI is working with the National Civil Society Congress to compel the Ethics and Anti-Corruption Commission (EACC) to disclose a Report which resulted from an investigation of the Mileage Claims made by Members of Parliament.

Appointment of Members of Boards of State Corporations and Agencies
KI and Article 19 filed an FOI request with the Public Service Commission (PSC) asking to be provided with information whether the principles and values of Public Service under Article 232 of the Constitution which requires, among others, that public offices be filled through a competitive process was followed when the national executive, including the President, appointed persons to sit on Boards of various State Corporations and Agencies in April and October 2015.

Bomas of Kenya Development
In 2014, KI made an FOI request to the Minister of Tourism following a Request of Expression for feasibility studies to develop Hotels and a Mall at the Bomas of Kenya grounds – a critical cultural site in Nairobi. KI specifically requested from the Minister information on whether there had been public participation informing the decision to set aside the grounds for development of mall, hotels etc. Although the Ministry never formally replied to KI’s request, it hastily cancelled the ROE after receiving the KI’s FOI Request.