This is the last of three articles in which Gautam Bhatia analyses the judgments of the High Court, the Court of Appeal and the Supreme Court...
This is the second of three articles in which Gautam Bhatia analyses the judgments of the High Court, the Court of Appeal and the Supreme Court...
This is the first of three articles in which Gautam Bhatia analyses the judgments of the High Court, the Court of Appeal and the Supreme Court...
What is at stake is one of the most unique contributions to global jurisprudence in recent times: a basic structure doctrine that is not substantive but...
By now, it is evident that the battle lines have been drawn, and the points of conflict are beginning to appear in a clearer fashion.
Both Courts were fairly clear that even the basic structure of the Constitution is amendable, but that conceptually, the procedure for amending it and for altering...
Waikwa Wanyoike explores the political and jurisprudential implications of the BBI judgement by the Appeal Court.
What is a state and what is a nation? How have the two co-existed within our country and especially within the last few decades? The impact...
At its heart, the BBI Judgment is about power, and the judges in the majority believe that the constitution acts as a barrier against the concentration...
On May 14th the Kenyan High Court declared the Constitutional Amendment Bill 2021 unconstitutional. The proponent moved to the Court of Appeal who affirmed the decision...
The Court of Appeal on Friday, August 20 ruled that President Uhuru Kenyatta’s attempt to change the Constitution through the BBI process was unconstitutional. Constitutional lawyer...
The IEBC is a Fourth Branch institution that – as the name suggests – is responsible for supervising elections and referenda, and for related matters such...