Avid Readers’ Column

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]}

Can An African Man Be a Feminist? Legal Perspectives on Feminism, Masculinity, And Feminist Masculinity

2025-03-05T00:00:02+03:00

In African societies, the relationship between masculinity and feminism has long been contentious, especially due to the strict and definitive cultural gender roles.^{^[1]} A feminist is seen as a secularist woman who has an uttermost deep-seated hatred towards men and plans on staying single.^{^[2]} As Chimamanda puts it: “[Y]ou hate men, you hate bras, you hate African culture, you think women should always be in charge, you don’t shave, you’re always angry, you don’t have a sense of humour, you don’t use deodorant”.^{^[3]} Feminism, in the eyes of society, is often misunderstood as a movement that hates men and threatens masculinity.^{^[4]} Meanwhile, the law plays a crucial role in either upholding or challenging these societal norms. This article explores whether an African man can be a feminist by examining perceptions of masculinity, legal reforms, and the evolving role of men in gender equality.

Transgender rights and recognition: Embracing a third gender in Kenya?

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

Various scholars agree that there is no one way of determining an individual’s gender.^{^[1]} Leneck thinks that gender is a grammatical term referring to whether a word is masculine, feminine or neuter, and has nothing to do with whether an organism is male or female.^{^[2]}

Globalisation And the Evolving Discourse on Sexualities in Africa

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

While the concept of sexualities in Africa remains a debated concept, one thing is certain. The perspectives of sexualities have evolved over the years. Professor Charles Ngwena depicts most African cultures as heteronormative and unforgiving to sexual performance in other directions.^{^[1]} Professor John Ambani, on the other hand, is of the view that African cultures have been accommodative to different sexualities since the pre-colonial period, such as homosexuality where the instances suited the cultural practices.^{^[2]} Some African cultures recognised same sex marriages where the woman could not bear children, because reproduction was a key aspect of marriage.^{^[3]} This view was changed by the colonisation which brought with it various aspects like religion, that saw the introduction of laws criminalising homosexuality.^{^[4]} The new perspective saw the continuity of these laws even after the attainment of independence of various African countries. The Kenyan Penal Code, for example, criminalises unnatural offences, which includes homosexuality therein termed as carnal knowledge with another person against the order of nature.^{^[5]} Uganda had also passed a bill in 2014 criminalising homosexuality and attaching a death sentence to it, although it was later declared null.^{^[6]}

Criticising Judges: A Lawyer’s Professional Responsibility

2025-02-12T00:00:02+03:00

The Avid Readers’ Forum (ARF) conducted a session on 12 February 2025 to discuss the duty of lawyers to criticize judges based on an article written by Prof Lonnie T Brown. The session featured two panelists, Mr Ochiel Dudley and Mr Ian Mathenge. Mr Ochiel is a prominent litigator and head of Dispute Resolution at Bond Advocates LLP, while M Mathenge is a well-known academic and an associate at Gibson, Dunn & Crutcher LLP. The session was moderated by Ms Monica Loko, a final-year law student at Kabarak Law School, and co-moderated by Ms Ruth Jebet, also a final-year law student.