Blog of the International Journal of Constitutional Law

Tag: Supreme Court of Kenya

  • The BBI Judgment: Of Basic Structure Doctrines and Participatory Constitution-making

    —Dr Silvia Suteu, Associate Professor, University College London Faculty of Laws [Editors’ Note: This is the third post in a joint symposium on the Building Bridges Initiative (BBI) in Kenya, through which President Uhuru Kenyatta attempted to introduce the Constitution of Kenya (Amendment) Bill, 2020.

  • 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 Kenya handed down an important judgment in David Ndii and Others v Attorney General and Others (BBI judgment).

  • 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 same gender (‘the two-thirds gender rule’).[1]