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Clause 8(4) of the Referendum Bill 2026: The presidential determination the courts never settled

1. Player and Umpire: An Argument the Courts never actually settled Something has been bothering Kenyan judges since 2021. None of the courts that have looked at it have agreed on what to do ...

admin Sep 4, 2026 44 views

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The devil's due: Fair hearing, constitutional finality and the jurisprudence of sanctioned infringement in Kenya's impeachment jurisprudence - A Critical commentary on constitutional Petition No. E565 of 2024 (Consolidated)

AbstractOn 8 June 2026, a three-judge bench of the High Court of Kenya delivered judgment in the consolidated petitions arising from the impeachment of H.E. Rigathi Gachagua as Deputy Presiden...

admin Jul 6, 2026 378 views

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Jurisdiction, review and restraint: Re?Examining the High Court’s supervisory jurisdiction in Kenya

While the High Court is vested with unlimited original jurisdiction in criminal and civil matters, one of its roles includes supervisory jurisdiction over all other subordinate courts and any ...

admin Jun 3, 2026 1,176 views

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Article 26(4) of the Kenyan constitution and the carceral reality of penal administration: The factual and procedural trajectory of PAK

Introduction...

admin Jun 3, 2026 329 views

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Starved of justice: Financial strangulation of courts and the rule of law in East Africa

In recent years, threats to judicial independence in East Africa have evolved from overt executive interference and political persecution to more subtle, systemic forms of control such as judi...

admin Jul 2, 2025 407 views

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Law as weapon: A study of criminal justice suppression of Civic Space in the East Africa Community

In the recent past and also in the present, there has been an increasing concern over the reaction of governments to dissenting voices and opposition. Governments throughout the East African C...

admin Jul 2, 2025 385 views

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Monitoring and evaluation of legislation in Kenya: The need to be Deliberate

The Constitution of Kenya, 2010 propagates several principles and ideals including; transparency, access to information and accountability. In essence these principles are akin to taking responsib...

admin Jun 2, 2025 423 views

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Unanswered questions: A critical examination of the Supreme Court of Kenya’s jurisprudence on presidential election petitions

A distinctive feature of the design of the electoral system in the 2010 Constitution is the Constitutional entrenchment of an array of electoral principles that form the normative foundation for t...

admin May 6, 2025 571 views

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Independent or synonymous?

The Fair and Equitable Treatment Standard herein stated as FET is an International Investment treatment applicable to states in their relations inter se and to relations between states and foreign...

admin May 6, 2025 482 views