—Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin Yesterday, the Court of Appeal of Kenya announced its highly-anticipated judgment on the Building Bridges Initiative Constitutional Amendment Bill (BBI). The Court of Appeal largely upheld the High Court’s ruling, holding that the BBI violates the basic structure
Transformative Constitutionalism and the Basic Structure Doctrine: A New Account from Kenya
—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] On 13 May 2021, the Constitutional and Human Rights Division of the High Court of
Implementing Constitutional Gender Quotas: A Kenyan Perspective
— Mumbi Gathoni, Advocate of the High Court of Kenya On 21st September 2020, the Chief Justice of Kenya (now retired) advised the President of the Republic of Kenya to dissolve Parliament for its failure to adhere to the Constitutional requirement that not more than two-thirds of members of legislative bodies shall be of the
Virtual Bookshelf: Judicial Review in Kenya: A Review of “The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis,” by James Thuo Gathii
—Richard Albert, Boston College Law School We know a lot about the theory of judicial review. We also know a lot about how the power of judicial review is exercised and why it has emerged in many constitutional democracies around the world. For example, Tom Ginsburg has theorized what he calls the insurance model of judicial review in
