The Supreme Court's edict to President Kenyatta on the 2/3rds gender rule was the only legal way to go argues Prof. Makau Mutua. However, while the President of the Supreme Court is a jurist, he argues, the Chief Justice is a quasi-politician advancing the spirit of the constitution in a fluid political context. The judiciary isn't equipped to resolve Kenya's political problems.
The Supreme Court’s ‘advisory’ to President Kenyatta emerged out of a constitution that anticipates the President’s recalcitrance with regards to issues such as the 2/3rds gender rule. As a result, as things stand today Kenya’s parliament doesn’t have the constitutional authority to amend the constitution. That said, the real crisis is that important leaders apparently believe patriarchy is above the law in Kenya. The Elephant in conversation with Waikwa, an advocate of the High Court of Kenya and a Barrister and Solicitor with the Law Society of Canada.
The Chief Justice's advisory on the two-thirds gender rule to the President is the most consequential decision of the Supreme Court to date. Constitutional lawyer and expert, Jill Cottrell Ghai argues that his 'advisory' is actually an instruction to the President and discusses the legal implications in comparison to other jurisdictions where similar decisions have emerged out of the highest court.
Kenya's journey towards a liberal constitution has been long and twisting. The Building Bridges Initiative (BBI) anticipates still undefined changes on the ten-year constitution that some observers view as being informed by selfish commercial and political interests of the political elite. Prof. Yash Pal Ghai, father of the 2010 constitution expresses his concerns as the direction being proposed by political leaders and profound disappointment at the direction matters are taking.
A feature on police brutality in Kenya since the COVID-19 curfew.
A keynote by Noam Chomsky, followed by a panel discussion with Nanjala Nyabola, Cornel West and John McDonnell.
Sudan's revolution that precipitated the overthrow of Omar el Bashir last year was led by women. Since his deposal women have been relegated from the center of power but still the struggle for a truly free Sudan continues and women remain at the forefront of the struggle against a powerful ossified deep state determined to hold on to power and supported by wealthy patrons in the Gulf. The Elephant in conversation with Reem Abbas, a freelance journalist with several years of experience in the field of communications and advocacy for Sudanese civil society groups and organizations. She is the winner...
A keynote by Naomi Klein, followed by a panel discussion with Aruna Roy, Tasneem Essop and Carola Rackete.
A keynote speech by Yanis Varoufakis, followed by a panel discussion with Ece Temelkuran, Vijay Prashad and Nick Estes.
Atsango Chesoni, lawyer, renown human rights advocate, former deputy chairperson of the Committee of Experts (COE) that finalised the current constitution, former Bomas delegate in the constitution-making process and former Executive Director of the Kenya Human Rights Commission (KHRC) describes the constitution-making process that led to the 2010 constitution. Via a participatory process, the Kenyan people imposed a constitution on their elite. Much as been achieved but the fightback has begun in earnest ten years since its promulgation.
