Part 2: The BBI Court of Appeal Slam Dunk
Whereas the concept of the Basic Structure Doctrine is not new in Kenya, this was the first time that the appellate court was met with the concept. In this regard, two questions were posed to the Court of Appeal. First, does the Basic Structure Doctrine apply in Kenya, and if yes, what forms the Basic Structure of the Constitution of Kenya 2010?
Part 1: The BBI Court of Appeal Slam Dunk
In BBI 2, these passive virtues were raised by the Appellants in a bid to overturn the BBI 1 by the High Court. The Appellants argued that the questions raised in BB1 were political questions and unripe for determination. Put differently, the appellants argued that the questions posed in BBI were better left for the political players and not the Court.
The Lessons We Missed in Matungu and Kabuchai
The role of the police during elections is to safeguard the right to vote by providing security to voters and guarding ballots. History has however shown that the police are occasionally misused to either interfere with or prevent voters from voting. During the President Daniel arap Moi era, the police and provincial administration were used by the ruling party to deliver votes to the regime’s candidates. Today, in every election, the elements of the ruling party have been shown to make similar attempts, as they deploy dozens of police officers to polling stations, which then become scenes of chaos.
Human Rights In The Time Of Covid-19
The unprecedented virus leaves us with several questions including whether we are supposed to talk of human rights when confronted with a pandemic
Detention of Patients Pending Payment of Bills is Unconstitutional
In passing the Constitution of Kenya 2010, Kenyans dreamt of a document that would correct the injustices of the past and build a new Republic which puts the vulnerable and downtrodden (Hohehahe) at the center of statehood and not the periphery.
Roaring from the Bench: Demystifying the BBI Judgement
The decision is not about those who subscribe to
