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Kenya, Human Rights Joshua Malidzo Nyawa Kenya, Human Rights Joshua Malidzo Nyawa

Enlivening the Paramountcy of the ‘Best Interests of the Child’ Principle: Kenya’s Supreme Court Judgment

In a groundbreaking decision on September 8, 2023, Kenya's Supreme Court overturned rulings from lower courts that prioritised public interest over the "best interests of the child" principle. In this blog post, Joshua Nyawa discusses the significance of this judgement which redefined cases involving children accused of criminal offenses, emphasising the best interest of the child over mere public curiosity.

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Kenya, Human Rights Tiffany Nzimbi Kenya, Human Rights Tiffany Nzimbi

Children’s Disability Rights: Access to Education for Children with Disabilities in Kenya

Education is a fundamental human right and many States have made a commitment to “ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all” (see the Agenda 2030 on Education). Nevertheless, achieving this goal of granting everyone, equal access to a high-quality education regardless of their gender, race, and abilities remains a challenge. In this article, Tiffany examines some of the challenges faced by Kenyan disabled children in accessing education, and how the State has attempted to move its legal machinery to ensure the right is realised.

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Kenya, Constitutional Law Joshua Malidzo Nyawa Kenya, Constitutional Law Joshua Malidzo Nyawa

From Symbolic Constitutionalism to Real Constitutionalism: Taming Imperial Presidency in Kenya’s CAS Judgment

In a recent judgment, the High Court of Kenya ruled that the President had exceeded his authority by not following the required procedures when he appointed 50 Chief Administrative Secretaries (CAS). Joshua Nyawa delves into the implications of this ruling and argues for a shift from symbolic constitutionalism to real constitutionalism in Kenya.

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Human Rights, Kenya, Disability rights Ann Haret Chepkemoi Human Rights, Kenya, Disability rights Ann Haret Chepkemoi

Revisiting the Macharia v Safaricom: The Realization of the Right to Employment of PWDs in Kenya

According to the World Health Organization, an estimated 1.3 billion people experience significant disability. This represents 16% of the world’s population or 1 in 6 of us. Persons with disabilities face discrimination and barriers that restrict them from participating in society on an equal basis with others every day. They are commonly denied amongst others rights, their right to be included in the workplace. In this article, Ann Haret Chepkemoi appraises laws that relate to persons with disability in Kenya.

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