Constitution – Prof Ben Sihanya & Co. Advocates

Constitutional LawChapter 1 of CODRALKA-Vol 1

January 31, 2023

This Chapter conceptualises, problematises and contextualises some of the core variables or parameters in constitutional democracy in Kenya and Africa. These concepts include people, sovereignty, constitution, state, government, society, and market in sustainable development and constitutional democracy.1 The main point of reference or departure is the constitutional text, structure, history constitutional history includes practice, tradition,...

Constitutional LawFusion and Separation of Powers, and Checks and Balances in Kenya and Africa – Chapter 6

January 31, 2023

My overarching argument is that the study and practice of public or governmental powers in Kenya and Africa has not sufficiently integrated the appropriate fusion and separation of powers and checks and balances ……… See Chapter 5, “Methodology of Constitutional, Administrative and Regulatory Law in Kenya and Africa: The Constitutional Sociology, Political Economy and Cultural...

Constitutional LawJudicial Power Structure And Independent Accountability in Kenya and Africa – Chapter 9

January 31, 2023

My overarching argument in this Chapter 9…on the Judiciary in Kenya and Africa is three pronged. First, the Judiciary is one of the three co-equal arms of Government. It is not “the third arm;” nor the “shortest” arm; nor “the unelected branch”….It is simply the Judiciary … It includes the courts, tribunals, and “bodies” and...