In this article, Prof ben Sihanya addresses three questions: first, whether the Constitution has addressed the issues, challenges, and aspirations it was intended to address, considering the interests of the people and those of leading politicians. The second question is whether the Constitution is ripe for amendment and which are necessary and desirable. The third...
This article may be cited as; Ben M. Sihanya (2014) ‘Devolution and Education Law and Policy in Kenya’ The Law Society of Kenya Journal (LSKJ), vol 10(1), pp. 60-94. This paper examines the juridical or legal and policy framework on devolution and education. I analyze how the constitutional promise of devolution is being operationalised in...
My overarching argument is that the study and practice of public or governmental powers in Kenya and Africa has not sufficiently integrated the appropriate fusion and separation of powers and checks and balances ……… See Chapter 5, “Methodology of Constitutional, Administrative and Regulatory Law in Kenya and Africa: The Constitutional Sociology, Political Economy and Cultural...
