Avid Readers’ Column

Katiba @15: Avid Readers Forum Report 4th Generation Rights

2025-07-23T00:01:00+03:00

The Avid Readers Forum held on Wednesday, 23^rd of July 2025, as part of the Katiba @15 series commemorating 15 years since the promulgation of Kenya’s 2010 Constitution, focused on the emerging domain of fourth-generation rights, particularly those related to the digital age. Moderated by Mr Thaiya Jesse, the session featured two panelists: Mr. George Kegoro, Executive Director of the Open Society Initiative for Eastern Africa, and Mr. Dennis Nkarichia, an associate at Mohammed Muigai LLP and a lecturer at Kabarak Law School. Their discussion explored how Kenya’s 2010 Constitution accommodates evolving digital rights, the legislative and jurisprudential strides in this area, and the challenges that remain, particularly around trust, access, and accountability in digital governance.

Celebrating Katiba@15: Collective/ 3rd Generation Rights

2025-07-09T00:01:00+03:00

In the lead-up to the 15th anniversary of the Constitution of Kenya 2010, Kabarak Law School hosted a dynamic panel discussion under the Avid Readers Forum on Wednesday, 9th July 2025. With the theme “Collective Rights in Kenya”, the forum explored environmental stewardship, intergenerational justice, and the collective rights of communities. Moderated by Carson Kiburo, a law student and indigenous rights advocate, the conversation brought together key legal voices and human rights defenders.

Celebrating Katiba @15: Socio-economic and Cultural Rights in Kenya

2025-07-02T00:01:00+03:00

On 2 July 2025, the Avid Readers’ Forum convened an intellectually stimulating discussion titled ‘Socio-economic and cultural Rights in Kenya’, as part of its sessions commemorating 15 years of the Constitution of Kenya, 2010 (2010 Constitution). The forum’s lead discussant was Senior Counsel Charles Kanjama, a distinguished constitutional lawyer, legal scholar, and public commentator. Ms Melissa Mungai, a lecturer at Kabarak Law School, moderated the session.

Celebrating Katiba@15: Reflections on civil and political rights

2025-06-25T00:01:00+03:00

The Avid Readers’ Forum hosted a webinar on 25 June 2025 focusing on civil and political rights. Moderated by Ruth Jebet, the session featured Mr Evans Ogada, Constitutional and Administrative Law Litigation expert. The discussion explored the progress, challenges, and future of Kenya’s Bill of Rights, judicial enforcement, state practices, and the role of legal education in advancing constitutionalism.

Analysing The Overlooked Role of Childhood Trauma Caused by Domestic Violence in Sentencing Guilty Offenders in Kenya

2025-04-22T00:01:00+03:00

Domestic violence remains a persistent scourge in the lives of many Kenyans, with thousands of victims being reported yearly.^[1] Domestic violence is violence or the threat of violence against a person currently in or has been in a domestic relationship.^[2] Although domestic violence typically occurs between two or more adults, children can also be affected, either as direct victims or through indirect exposure.^[3] While the direct victims of domestic violence come out scathed and jaded, this paper contends that the lasting impact on children is equally profound. These children do not simply observe violence; they internalise it, carrying psychological trauma and behavioural patterns into adulthood. When these children later appear in Court as offenders in domestic violence cases, should their traumatic upbringing mitigate their sentence? Or, conversely, where they have undergone therapy or received substantial help and thus comprehend the consequences of domestic violence fully, should this be treated as an aggravating factor?

Beyond recognition: Mapping the fight for intersex rights and representation in Kenya

2025-03-25T00:01:00+03:00

Kenya has taken remarkable strides in championing gender equality and eradicating discrimination, with the Constitution in Article 27 explicitly prohibiting bias on the grounds of sex. However, the absence of a precise constitutional definition of gender has ignited legal and societal discourse, stirring debates on whether to embrace a more inclusive interpretation, one that acknowledges and affirms the existence of intersex persons. The lack of clear gender designation highlights the systemic challenges intersex individuals face, including difficulties in obtaining essential documents.^{^[2]} Over the years, Kenyan courts have delivered progressive judgments, such as the Baby A,^{^[3]} and the RM case which have pushed for the recognition and protection of intersex individuals.^{^[4]}

The International Criminal Court and Africa

2025-03-24T08:00:00+03:00

On Wednesday, March 5, 2025, the Avid Readers’ Forum hosted a significant webinar on the relationship between the International Criminal Court and Africa. The discussion was based on an article authored by Prof. Brandon Cannon, Dr. Maraga Bosire, and Mr. Dominic Pkalya, titled The International Criminal Court and Africa. The panel featured distinguished experts: Dr. Owiso Owiso, a renowned public intellectual and scholar in public international law, and Mr. Eugene Kanyugo, an advanced public international law LLM graduate from Leiden University. The session was moderated by Ruth Jebet, a finalist law student at Kabarak Law School.

The evolution of gender parity in Kenyan political representation: Where did the rain start beating us?

2025-03-18T00:00:02+03:00

With the 2027 elections coming up, the question of gender equality is intensifying by the day. This is exemplified with the looming conversation of the scrapping of the woman representative seat.^{^[2]} Article 27(8) of the Constitution mandates that no more than two-thirds of members in elective public bodies be of the same gender.^{^[3]} Additionally, Article 81(b) requires electoral systems to comply with this principle.^{^[4]} Gender equality in this context, refers to the equitable inclusion of women as compared to men in both elective and appointive seats as envisioned in article 27(3).^[5]

Analysing the International Criminal Court’s seemingly binary definition of gender

2025-03-18T00:00:02+03:00

The Rome Statute of the International Criminal Court (2002), under Article 7(3) provides that the definition of gender in the Rome Statute shall be taken to mean; the two sexes, male and female, within the context of the society.^{^[2]} This provision has elicited many criticisms amongst experts, conservatives and liberals alike. These criticisms include the claim that the provision may cause a heteronormative interpretation of gender in international law. However, there are others who are of the school of thought that the provision cannot be considered narrow due to its acknowledgment of social norms and the presence of other safeguards in the Rome statute. In this paper, I will first provide the history of drafting of Article 7(3), and later on analyse the alleged binary nature of the same provision, and demonstrate that as much as these fears are valid, they are still quelled by the Rome Statute.

Feminism In a Gender-Fluid World: Is the Gender Movement Overshadowing the Feminist Movement?

2025-03-07T00:00:02+03:00

For decades, the feminist movement has been a cornerstone in the fight for women’s rights, gender equality, and the dismantling of patriarchal systems.^[1]Feminism has challenged the notion that sex and gender should dictate one’s position in society, advocating for the eradication of gender-based violence and systemic discrimination.^{^[2]} However, the emergence of the gender movement, which champions transgender and non-binary identities, has sparked a complex debate. While the gender movement seeks to expand inclusivity beyond the binary of male and female,non-binary individuals continue to face systemic challenges, including legal erasure, social discrimination, and lack of representation. Many struggle with internalized stigma and exclusion from cisgender people. ^{^[3]}