Wakili, A Quick One

Authored by: Gloria Mihigo Kokugonza ABSTRACT Many times, we hear of how children have been infringed of their rights rather than of how children have infringed the law. After a careful look at children’s cases in Kenya, it is evident that children can find themselves in a tight spot with the law. This paper looks into a child offender and the implications of the law towards them.  INTRODUCTION Although children are granted legal safeguards due to their status as minors, they can still find themselves in conflict with the law. In certain instances, their actions can be severe, as exemplified by the tragic James Bulger case . [1] Children can be innocent lawbreakers, but does it mean we put them behind bars? No! Children need more protection than punishment. In the James Bulger case , a two year old was murdered by two boys of 10 ½ years each. The nature of the murder was indeed very cruel. The result of this case was that the two boys were detained during Her Majesty's...

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...