Katiba Corner

Public participation in what, when and especially, how?

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The number and variety of cases in which decisions have been declared unconstitutional in Kenya due to a lack of public participation shows how intricate public participation can be. PSC […]
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Speakers – what and what is not their role?

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A rather depressing development after our recent change of government (and Parliament) was the scramble by political parties (to be precise Kenya Kwanza and Azimio) to control who was elected […]
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Open letter to newly elected MP

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Dear Mheshimiwa, Congratulations on your recent election. I hope you will find being an MP a worthwhile occupation, and that in five years’ time you will feel able to say […]
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Enabling language and culture to strengthen, not undermine, nationhood

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There are various bits of the Constitution that have received little attention. One is Article 7 clause (3). It says, “The State shall–– promote and protect the diversity of language […]
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JILL GHAI: Are Raila’s and Ruto’s plans for their deputies constitutional?

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The strains between the current President and his Deputy have drawn much attention to the role of deputies. And perhaps it is in the light of this that both the […]
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Jill GHAI: Sex, the young and law: Resolving Romeo and Juliet problem

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In the past it is clear that many societies – and by no means only in Africa – assume the role of women was to be wives and mothers, and […]
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Kenyans are dying. What does the Constitution say?

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Freedom Corner in Uhuru Park memorializes the struggles of Kenyans for freedom, including during the 1950s. The Mau Mau memorial, paid for by the British government, recalls the period when […]
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What really is hate speech? The weakness in law

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As we head towards August 9 elections, hate speech is liable to become a genuinely important issue, as recent headlines have shown. Here I want to raise a few questions […]
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