Wakili, A Quick One

Authored by: F. B Joseph ABSTRACT Blanket criminalization of abortion has been one of the major challenges to women and girls in Kenya as they seek reproductive health services. Such has therefore been an infringement of their rights and fundamental freedoms, inter alia, right to privacy and bodily autonomy and the right to highest attainable standard of health. There is also an implied right to abortion in the Constitution. This paper therefore addresses two main issues: first, existence of the right to abortion in Kenya and second, the extent of the limitations on the right . INTRODUCTION Notwithstanding the fact that the Constitution contains a vast and comprehensive list of rights and fundamental freedoms, there is need to recognize and appreciate that some rights may not have been explicitly included during the Constitution-making process. As the good Constitutional Law lecturer, one Dr. Githii Mweru once stated, there is an advantage and a disadvantage of the Constitu...

Authored by: Samuel Kahura When the cost of learning becomes a fortress, education turns from a right to a privilege, leaving many standing at the gates. In a country where Article 43 (f) and Article 55 of the Constitution promise access to the tool that Nelson Mandela thought to be the most powerful to change the world, unaffordable university tuition fees become a silent gatekeeper, defying the very principles espoused by the commitments Kenya has undertaken under the Constitution and the various international instruments. An analysis of the inconsistency of unaffordable university fees with the Constitution of Kenya, 2010 begins at Article 21. Under Article 21(1) of the Constitution, it is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. Further, under Article 21(2) of the Constitution, the State is required to take legislative, policy and other measures, in...

Author:  Chweya Nyamari ABSTRACT Section 8 of the Kenyan Sexual offences Act No. 5 of 2006 (hereinafter referred to as the Act) was meant to protect children against sexual predators. It is however evident that it did not address instances where children engage in sexual relations amongst themselves. Mr. Bradept through his Article posted on JKUAT Law Review rendered his notion on this controversial topic. This article entails a reply to Mr. Bradept’s school of thought and endeavors to disapprove consensual sexual relationships between adolescents. The article culminates in proposing an amendment to the sentences associated with instances where minors defile themselves. INTRODUCTION First, I must appreciate the exquisite contribution that Mr. Bradept has made on this controversial topic. His argument opened the way for a truly profitable exchange of views between those whose differences center on whether the relevant statutes should be amended to accommodate instances...

Authored by Francis B. Joseph ABSTRACT Like some other African countries, Kenya has the legal age of consent at 18 years. The legal age of consent is a crucial facet of legal and social frameworks concerning sexual relationships. This has had the effect of restricting adolescent consensual sexual conduct. Legislation does not explicitly criminalize consensual adolescent sexual conduct. However, punitive approaches have been put in place to curb such conduct. Adolescents have therefore been subjected to violation of their rights. The laws put in place are not necessarily benevolent to the adolescents who it is designed to protect from harm. This article provides a comprehensive analysis of the legal age of consent in Kenya, examining the statutory frameworks on it and its effect on sexual relations among adolescents. Through a comparative lens, the article briefly looks into the legal age of consent in other African jurisdictions. By synthesizing these different aspects, thi...

Authored by: Grace Gakii Mutwiri ABSTRACT  Our motto ‘harambee’ was conceived in the realization of the challenges of nation building, the Government and People of Kenya had to pull together in order to meet this challenge. It was more than a motto for it symbolized Kenyan Unity and patriotism. From the Late Mzee Jomo Kenyatta to the Late Former President Daniel Arap Moi, they frequently evoked Harambee during their regimes which enabled them to push many ambitious government-wide initiatives which we still benefit up to date. In the current era, Harambee can be demonstrated in fundraising events to cater for medical bills, to pay for a child’s school fees so as to have access to education. In the recent past weeks, I have seen the dynamic change in what we regard as Harambee. The ‘Gen Z’ have set a revolution that has actualized Harambee in promoting Article 37 of the Constitution of Kenya 2010. From creating civic education both in online platforms as well as physical...

Authored by: Francis B. Joseph ABSTRACT For a long time, application of Islamic law, especially on matters inheritance, has been viewed as discriminatory and unconstitutional. In its judgement dated 10th November 2023 in Faraj v Mwawasi, the Court of Appeal stated that Islamic law restricting children born out of wedlock from inheriting is discriminatory and such practice should be abhorred. This decision has been the subject of much scholarly debate, with some scholars expecting to hear the Supreme Court’s pronouncement on the matter in case an appeal has been filed. This article argues that the Court of Appeal’s view concerning Islamic law of inheritance is misguided. This is from an analysis of the available Court of Appeal decisions in relation to the matter.  INTRODUCTION Sharia is an Arabic word that means the correct path. In the Muslim religion, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God. Islamic law is an all-...