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Alternative Justice Systems in Kenya: An Access to Justice Novelty or Institutional Co-optation?
Get PDFThe Judiciary’s Task Force on Alternative Justice Systems introduced into the Kenyan judicial system what it referred to as novel ways of achieving access to justice (A2J) called, in its terminology, Alternative Justice Systems (AJS). This paper is a critique of these systems as proposed by the Task Force and implemented by the Judiciary. The paper begins by providing a brief overview of the development of the concept of Access to Justice (A2J) since the 1970s, from what has been referred to as rule of law orthodoxy (the focus on reforms in the judicial system), through social justice (the attempt to connect A2J to other aspects of the society in which it operates), to legal empowerment (use of the legal system to tackle socio-economic issues affecting the society, especially the poor). It briefly discusses the concept of A2J as it is applied in Kenya in its Rule of Law orthodoxy form, and the various models of AJS the Task Force identified; its recommendations regarding the models of AJS that should be introduced and how they should be implemented; the constitutional context of AJS, and the statutory basis and process of adoption of AJS as an approach to A2J. In the critique, the paper argues that the Task Force did not have a basis for deriving AJS from the constitutional context; that models of AJS being implemented are dispute resolution mechanisms and do not address disempowerment; that their conceptualisation and implementation are Judiciary-driven andare not organically developed, and that the implementation will be heavily influenced by the Judiciary and, therefore, make AJS simply a mechanism of the Judiciary for resolving its challenges in relation to A2J. The final critical comment the paper makes is that any claim by the Task Force and the Judiciary that adoption of AJS represents a paradigm shift and a novelty is not borne out in reality, since AJS does not confront the social problems of socio-economic disempowerment engendered by the capitalist system in Kenya, and within which the Judiciary operates and attempts to enhance A2J
Dietary Practices and Nutritional Status of Children 6–59 Months in Kajiado Central, Kenya
No full textMalnutrition remains a significant public health concern among children, with inadequate dietary diversity and poor feeding practices contributing to undernutrition and related health complications. Undernutrition remains a significant public health concern in Kajiado County, particularly among children between 6–59 months, despite the several interventions that have been put in place. This study examines the dietary practices and nutritional status of children aged 6–59 months in Kajiado Central, Kenya, to assess their nutrient intake and how it influences their nutritional status. A cross-sectional study was carried out among 198 caregiver-child pairs. Dietary practices were assessed based on breastfeeding practices, minimum dietary diversity scores (MDD), minimum meal frequency (MMF), and minimum acceptable diet (MAD). Anthropometric measurements were used to determine weight-for-height (WHZ), weight-for-age (WAZ), and height-for-age (HAZ) z-scores. The association between dietary practices and nutritional status was analyzed using chi-square tests and multiple logic regression. Continued breastfeeding was significantly associated with mild wasting (p = 0.005) at one year and with stunting (p = 0.044) at two years. Majority of the children (30.3%) scored a 4 on the dietary diversity scale, with majority not meeting the recommended MDD score (138). Only 17.7% achieved the recommended MMF and 4.5% of children met MAD criteria. Children with higher dietary diversity were found to be 39% less likely to be mildly wasted (OR = 0.61, p = 0.02) and 2.23 times more likely to have normal nutritional status (OR = 2.23, p = 0.01). MMF adherence was significantly associated with reduced wasting (p = 0.019), as well as MDD (p=0.02) while no significant associations were found between MAD and nutritional status (p > 0.05). Poor dietary diversity and inadequate MMF contribute to malnutrition among children in Kajiado Central. Targeted interventions promoting diverse diets and frequent meals are crucial for improving child nutrition in this region
CLIMATE CHANGE POLICY IMPLEMENTATION GAPS AMONG FARMING COMMUNITIES IN LAIKIPIA COUNTY IN KENYA
Get PDFThe study focused on climate change policy implementation gaps among smallholder farmers in Laikipia County in Kenya. Climate change policies were developed by national and county governments to support climate change mitigation and adaptation in order to enhance food security and community resilience. However, little is known about the gaps in implementation of these policies among communities, which are severely affected by impacts of climate change. Using semi-structured household questionnaires, focused group discussion and key informant interviews with a sample of smallholder farmers and stakeholders drawn during community-led initiatives, local administration meetings and agricultural extension workshops in Laikipia County, results show that a wide range of policies on tree planting, water management, forest conservation and riparian and riverine protection were communicated by county and national governments, but only few of the smallholder farmers implemented them, thereby causing a very wide policy-practice gap
Between National Interests and Universal Obligations: (In)Validity of Egypt’s Reservations to the African Charter on the Rights and Welfare of the Child
No full textOn May 9 2001, the Arab Republic of Egypt ratified the African Charter on the Rights and Welfare of the Child. Along with said ratification, Egypt submitted five reservations against Articles 21 (2), on child marriage, 24 on adoption, 30 (a-e) on the special treatment of children of imprisoned mothers, 44 establishing the African Committee of Experts on the Rights and Welfare of the Child’s competence to receive communications and 45 (1) granting the Committee competence to undertake investigations in state parties. Botswana, Mauritania and Sudan have also collectively entered four other reservations, with Sudan entering a fifth also on child marriage (Article 21.2). While reservations to human rights treaties are the subject of torturous inquiry as to their validity, severability of invalid reservations, and competence to so determine, Egypt’s last two reservations, being jurisdictional in nature, raise probably the prickliest of questions in this respect. In the context of African international human rights law’s compulsory quasi-judicial treaty body competence tradition, the extent to which a state can validly reserve consent to be bound to treaty body jurisdiction attains an even more prickly status. These jurisdictional reservations and their validity, severability or otherwise, and the process international law has gone through in attempting to address these problems will be analysed here
Legal art or artistic law: Interdisciplinary reflections of law and other disciplines
Get PDFThe law never emerged, it developed. It is not static, and despite being written, is not always clear. Hence the different ways in which it can be interpreted. This article emanates from a conversation held during the Symposium on the role of creative arts in social transformation held at Kabarak University in January 2022. The theme was based on Professor Willy Mutunga’s chapter, ‘The role of creative arts in social transformation’ in Furthering constitutions, birthing peace: Liber amicorum Yash Pal Ghai (2021). Joining in this conversation was Godfrey ‘Gado’ Mwapembwa, the expert cartoonist, and faculty and students of the Schools of Law and Music. This article reflects upon their sentiments expressed at this Symposium, which championed the values of interdisciplinary research. The article discusses criminal liability of actions committed by actors while in character, the need for humility in the legal profession, the right to freedom of expression and artistic creativity. It goes further to look at the need for and actions towards integration of the disciplines. This article anchors its argument on the need for respect among professions. It emphasises the importance of and need for all disciplines as bearers of solutions to societal problems
A Mummy, who is my father? A critique of the High Court’s ruling in FAO v RAO and 2 others vis-a-vis LNW v Attorney General and 3 others
No full textThis paper critically examines the High Court\u27s recent ruling in FAO v RAO and 2 others, highlighting its reliance on the now unconstitutional Section 12 of the Registration of Births and Deaths Act. The case contrasts sharply with the earlier LNW v Attorney General and 3 others, where the court invalidated the same provision for being inconsistent with Articles 27, 28, and 53 of the Constitution. Through the lens of Maina, a fictional seven-year-old boy born out of wedlock, the paper illustrates the real-world impact of legal decisions on the rights and identity of children. The critique underscores how the court\u27s decision in FAO v RAO and 2 others represents a judicial regression, undermining established legal protections for children born out of wedlock and contradicting previous progressive rulings. This inconsistency perpetuates legal uncertainty and social injustice, signaling a troubling disregard for the doctrine of stare decisis. The paper calls for legislative and judicial accountability to ensure that laws reflect constitutional values and protect the rights of all children, regardless of their birth circumstances
From imperial power to vulnerable authority: A historical study of the institution of the presidency in Kenya
Get PDFThe role of the presidency in Kenya has animated and dominated popular and political discourses on constitution making, constitutional processes, and constitutional review and implementation, as well as political processes, since independence in 1963. This study employs the ex post facto approach as well as the use of archives and secondary sources and explores the key milestones and shifts that have defined the presidency, analysing its development in the context of democratic governance, executive authority, and the balance of power within the Kenyan government. The study examines the institution of the presidency including debates over executive power, checks and balances, and the role of the president as commander-in-chief. It then proceeds to analyse how successive presidents have interpreted and exercised their constitutional powers, considering factors such as party politics, presidential leadership styles, and responses to domestic and international crises. Special attention is given to landmark moments in presidential history, including the expansion of executive authority during times of crises, the emergence of the modern presidency under and in the post-Kibaki era, and the challenges to presidential legitimacy and accountability in that era
An update of the Kianjokoma brothers’ case and the struggle for police accountability in Kenya
Get PDFThis paper begins with a heartfelt narration of the author’s sentiments in relation to the loss of a close friend through police brutality.Thereafter, it traces the history of police brutality in Kenya from the colonial period when its primary mandate was to oppress the native Africans. Subsequently, it exposes the existing structural weaknesses in the law enforcement agencies that enable police brutality. Further, this paper argues that the political class is also a huge enabler of police brutality. In conclusion, the paper pinpoints the efforts made and challenges faced in combating police brutality and makes recommendations on how to combat them
A critique of police response to the right to peaceful assembly, demonstration, and picketing in light of the 2024 Finance Bill protests
Get PDFThe events of June 2024 have brought to light a simmering dissent now emerging where it was once almost unheard of, among the ‘Gen Z’ youth. Kenyan youth have embraced their right to picket and peacefully assemble while seeking to dismantle the status quo. Yet, beneath this facade of a people’s sovereignty lies a troubling reality of state repression. This paper aims to critique the inappropriate use of police force especially by using live ammunition during protests and abducting and torturing demonstrators during the 2024 Finance Bill protests, particularly in relation to the implementation of Article 37 of the Constitution of Kenya. It also affirms the role of democracy in strengthening sovereignty and empowering a people in times of dissent
Kabarak Law Review Vol 1 2023.03.15 Full Issue: Kabarak Law Review Vol 1 Full Issue
No full textKabarak Law Review (2022) Editorial board presents the first volume of Kabarak Law Review. This first volume analyses various topics including; the rights of individuals living with albinism, political integrity in Kenyan politics, bilateral investment treaties (BITs), the right to health amidst corruption in the health sector, interdisciplinary reflections on the law and other disciplines, and structural interdicts in Kenyan constitutional law.
To redress the poor knowledge among contemporary university students of the contributions of great African thinkers, Kabarak Law Review hosts a section titled ‘Honour your elders’. In this issue, the legacy of FX Njenga is explored. Furthermore, the Journal consists of a police accountability section with four articles written in tribute to our fallen brothers: the Kianjokoma Brothers