Kenya – 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 LawParticipation, Representation and Delegation in Kenya and Africa – Chapter 4

January 31, 2023

Participation, representation and delegation are closely linked to the concept of the people and popular sovereignty in Kenya and Africa. They address the substantive, theory, operationalization, procedural or processual rights, liberties and freedoms. Significantly, AfroKenyan constitutional democracy and governance under the 2010 Constitution and relevant constitutions are supposed to be through direct participation, representative and...

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...