Constitutional Law Archives - Page 2 of 4 - Prof Ben Sihanya & Co Advocates

Constitutional LawMediating Kenya’s Post-Election Crises The Politics and Limits of Power Sharing Agreement

Political violence of unprecedented magnitude engulfed Kenya following a hotly disputed presidential election result in December 2007. International mediation by the African Union’s panel of Eminent Personalities began in January 2008. between January and July 2008, for the first time in her history, went through an internationally supported internal mediation process. This was occasioned by...

Constitutional LawAdministering Presidential elections in Kenya Citizens Right to security and the issue of governance

The responsibility to protect citizens and to provide for their safety and security is a prime function of government. For more than a decade there has been growing concern among Kenyans about their safety and security. Kenyans are generally concerned about security issues in four points identified and discussed in this article. To read the...

Constitutional LawThe path Kenyan media must travel to secure electoral justice

Freedom of expression and the media regarding elections is adversely influenced by the state elite and media ownership and control. It is noteworthy that freedom of expression and the media has largely improved since 1988 in the preelection phase. However, these freedoms have been curtailed by the politically affiliated state elite and media owners or...

Constitutional LawMedia freedom anchored in law, but…

Freedom of expression, access to information, and media freedom are threatened in Kenya. I will address three research objectives, research questions, and hypotheses. First, what is freedom of expression, access to information, and media information under the Kenyan Constitution of 2010? How about in the South African Constitution 1996, the US Constitution 1787 and 1791,...

Constitutional LawReconstructing the Kenyan Constitution and State, 1963-2010: Lessons from German and American constitutionalism

This essay argues that the Kenyan Constitution and state are in urgent need of reconstruction and restructuring and the proposed Constitution of Kenya, 2010 which is expected to be adopted through a referendum on 4 August 2010 is a major instrument in re-engineered, reconstructing and restructuring the Constitution and state. I articulate this argument through...

Constitutional LawConduct of IEBC Commissioners

My overarching argument is that the criteria, process of selection, choice, appointment, and conduct of the Chair and IEBC Commissioners in Kenya as well as the retention of the staff largely fail to meet the constitutional standards. Yet these are key factors that shall determine whether Kenya holds just, free, fair, accurate, verifiable, credible, accountable,...

Constitutional LawRegulating and Mainstreaming ICT for Kenya’s Socio-Economic Development

This article may be cited as; Ben M. Sihanya (2006) ‘Regulating and Mainstreaming ICT for Kenya’s Socio-Economic Development’ in (eds), Outa et al., Mainstreaming ICT: Research Perspectives from Kenya (1st edn, Sunlitho Ltd). Information and Communication Technology is the fastest-growing service sector in the world today. Kenya has an untapped potential and the country runs...

Amending the Constitution of Kenya 2010 Post 2017; Interests, Process and Outcomes: Ten Years On Assessing the Achievements of the Constitution of Kenya 2010

Constitutional LawAmending the Constitution of Kenya 2010 Post 2017; Interests, Process and Outcomes: Ten Years On Assessing the Achievements of the Constitution of Kenya 2010

This article may be cited as; Ben M. Sihanya (2021) ‘Amending the Constitution of Kenya 2010 Post-2017; Interests, Process and Outcomes’ in (eds) Ghai et al., Ten Years on Assessing the Achievements of the Constitution of Kenya 2010 (2021), (1st edn, Katiba Institute). I address three research questions on amending the Constitution of Kenya 2010...

Constitutional LawLawyers, Public Interest Lawyering, and Constitutional Democracy in Kenya And Africa

What is strategic or public interest litigation in Kenya? What of public interest lawyering? What is pro bono, informa pauperis (pauper) briefs or poverty lawyering? Collaborative lawyering? Related concepts are class action, representative suit, group action……. How does PIL relate to strategic, public interest, and social action litigation in Nigeria, South Africa, Uganda, Tanzania, India,...

The Viability of Lifestyle Audits as an Emerging Anti-Corruption Tool in the Public Sector: Concepts, Essentials and Prospects

Constitutional LawThe Viability of Lifestyle Audits as an Emerging Anti-Corruption Tool in the Public Sector: Concepts, Essentials and Prospects

Image source: Adobe Stock Lifestyle audits are viable tools in the fight against corruption. Unfortunately, they have not been sufficiently developed or adopted despite their effectiveness in combatting corruption. For long, countries have deployed diverse anti-corruption strategies under various international, regional and national legal frameworks. Despite these efforts, corruption continues to permeate every sector of...

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The virtue of justice consists in moderation, as regulated by wisdom.