Contact Us

By

 Email; jkuatlawreview@gmail.com 


Popular posts from this blog

RIGHT TO ABORTION: THE INDIGENOUS JURISPRUDENCE

By
Image
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...
Read more

RECENT AMENDMENTS TO KENYA’S LEGISLATION REGARDING JUVENILES IN CONFLICT WITH THE LAW

By
Image
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...
Read more

LAW ON DEFILEMENT: A TIME FOR REFORM

By
Image
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...
Read more