RESEARCH AND PUBLICATIONS

The Constitution being relatively new has introduced new concepts which require elaboration therefore requiring a great deal of research. We believe that proper implementation of the Constitution would benefit greatly from well researched work

that includes detailed explanation of the various concepts and provisions and a comparison with other jurisdictions as to how they are implemented. However, that research must also look at the local context within which these provisions apply.

A great deal of our own internal work requires research. It feeds into our preparation for our litigation and we pride ourselves on its quality. Research is also essential to our publications, including books, manuals on key Constitutional issues, occasional papers, journal articles, newspaper articles, advisory opinions to government and non-governmental institutions, development of model legislation and critique of proposed and existing legislation and designing of training programmes for the judiciary, developing civic education materials.

We note that there still is a significant need to carry out more constitutional research. At present, there are very few institutions, including institutions of higher learning, that are engaging in the thorough constitutional research that is necessary to help explain the meaning, context and implications of various constitutional provisions. Therefore KI sees as part of its mandate to include undertaking research on topical and complex constitutional issues which is needed to assist in policy development, seminal litigation and guiding precedent setting judgments and informing civil society work on constitutional matters.

Publications

Participation of ethnic minorities and marginalised communities in political and other governance processes

The study sought to establish and understand the claims of marginalised ethnic communities and groups and available platforms for their participation. Conducted in 16 Counties, the research also seeks to achieve active participation of the said groups through enhancing awareness of relevant non-state actors, and representatives of community groups on the ethnic minorities and marginalised communities in Kenya; their rights under the Constitution of Kenya 2010; and effective approaches to programmes and activities aimed at enhancing participation in political and other governance processes. The study involved desktop research and primary data was collected in sixteen (16) counties in Kenya. Read More…

A Guide on the Basics of Environmental Impact Assessments in Kenya

The guide focuses on environmental impact assessments processes, which are aimed at ensuring the dual goals of sustainable exploitation of natural resources and conserving a clean and healthy environment, when major projects are carried out. Read more…

Constitutional Transitions and Territorial Cleavages: The Kenyan Case 

The paper by Yash Ghai and Jill Cottrell Ghai, centers on constitutional transitions and territorial cleavages in Kenya before and after independence.

Independent Candidates and the Constitution (Occasional Paper No.1). (Ghai, J.C. 2012)

The paper reviews arguments against the whole idea of independent candidates and the responses to those arguments, including some observations on how these arguments would play out in the situation in Kenya. It also reviews the constitutional and legal framework for being an Independent candidate in Kenya, in terms of qualifications(the same as for party candidates), supporters required (though not required for party candidates). It observes that to prevent party members from being supporters for independent candidates is perhaps unfair, and maybe unconstitutional.

The “101 Things You Wanted To Know About The Police But Were Too Afraid To Ask”

The “101 Things You Wanted To Know About The Police But Were Too Afraid To Ask” booklet is a collaborative effort engineered towards education of the Public on the workings of the Police. Find a copy here

Animating Devolution in Kenya “The role of the Judiciary

A commentary and Analysis on Kenya’s Emerging Devolution Jurisprudence Under the New Constitution (ed. Conrad Bosire and Wanjiru Gikonyo)2015.

PIL Guide in Kenya Kenyans for peace with Truth and Justice( KPTJ) 

Public Interest Litigation(PIL) has been a particularly critical tool for testing, clarifying and shaping law, policy and practice in societies across the globe. PIL will make an important contribution to the lives of many Kenyans.The guide provides a detailed conceptual and practical guidance on various options for Public Interest Litigation.

Ethnicity, Nationhood and Pluralism: Kenyan Perspectives

A commitment to pluralism requires systematic effort across all sectors of society. Building an ethic of respect – for diversity, for difference, for the achievement and outcomes of compromise – is hard work, but the results are worth it.(ed. Yash Pal Ghai and Jill Cottrell Ghai. 2013)                                

KI E-NEWSLETTER

  1. October 2019 E-Newsletter 
  2. July 2019 E-Newsletter