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

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Conduct 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,...

Lawyers, 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,...

Electoral Justice in Kenya under the 2010 Constitution implementation, enforcement, reversals and reforms

My overarching argument in this chapter is that since the promulgation of the Constitution of Kenya 2010, Kenya has experienced reversals in implementation and enforcement of the Constitution generally. The process and the outcome in the 2017 General Elections provided an opportunity for Kenyans to re-ignite hope and reforms in governance and public administration. I...

Chapter 1 of CODRALKA-Vol 1

This Chapter conceptualises, problematises and contextualises some of the core variables or parameters in constitutional democracy in Kenya and Africa. These concepts include people, sovereignty, constitution, state, government, society, and market in sustainable development and constitutional democracy.1 The main point of reference or departure is the constitutional text, structure, history constitutional history includes practice, tradition,...

Executive Powers, Functions and Structure in Kenya and Africa, Concepts, Theory, History and Practice – Chapter 8

My overarching argument in the Chapter 8 is that the production, regulation, reproduction and termination of executive power in Kenya and Africa has to contend with three (3) inter-related theoretical and philosophical or epistemological, political, and pragmatic questions. First, the need to promote popular sovereignty, constitutional democracy and service delivery. Second, avoiding executive fiat and...

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