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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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International Law, Constitutional Law Silvia Suteu International Law, Constitutional Law Silvia Suteu

The BBI Judgment: Of Basic Structure Doctrines and Participatory Constitution-making

Dr Silvia Suteu argues that the BBI saga raises important questions about the interplay between unamendability and participatory constitution-making, and considers the relevance of the participatory nature of the adoption of Kenya’s 2010 Constitution vis-à-vis the acceptance or rejection of unamendability in the BBI case.

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International Law, Human Rights Stefanie Rothenberger International Law, Human Rights Stefanie Rothenberger

The Kenyan Supreme Court writes a new chapter in the history of the rule of law in Africa

Dr Stefanie Rothenberger, head of the Konrad Adenauer Stiftung’s Rule of Law Programme for Anglophone Sub-Saharan Africa, reflects on the Kenyan Supreme Court’s recent decision on the Building Bridges Initiative with Dr Willy Mutunga, the former Chief Justice of Kenya.

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