The struggle for prisoners’ voting rights: Analysing the constitutional right to dignity and sovereignty in Kenya
Posted: 18 November, 2024 Filed under: Uday Makokha Keya | Tags: Bill of Rights, democracy, dignity, electoral justice system, equity, fundamental freedoms, general elections, human rights, IEBC, Independent Electoral and Boundaries Commission, Kenya, principles of governance, prisoner`s right to vote, right to dignity, right to vote, Sovereignty, voting rights Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
The values on sovereignty of the people, asserted in the constitution of Kenya, imposes on the state the duty to protect, promote and fulfil citizen`s right to elect their representatives as a way of exercising their sovereignty. This right should therefore be achieved through guaranteeing citizens the right to register as voters and, consequently, to elect their leaders. The constitution provides that, every person has a right without unreasonable restriction to be registered as a voter.[1] Therefore, any limitation to the right to vote, has to be necessary,[2] and in accordance to the law.[3] The case of Kituo Cha Sharia V IEBC & 2 Others, affirmed prisoner`s right to vote and elect their representatives linking their right to vote to their dignity, and the exercise of their sovereignty.[4] To guarantee the right to vote to prisoners, they should have equally been provided with the right to register as voters and, to consequently vote in every election cycles.
The Weight of Votes: Analysing the Principle of Equality in Kenya’s Electoral Boundaries
Posted: 6 November, 2024 Filed under: Uday Makokha Keya | Tags: Constitution of Kenya, customary international law, democracy, electoral body, electoral boundaries, electoral system, Independent Electoral Boundary Review Commission, Kenya, legal framework, population quota, Principle of Equality, protected constituencies, UDHR, unfair representation, Universal Declaration of Human Rights Leave a commentAuthor: Uday Makokha Keya
Third-year law student, Kabarak University
“A vote is like a rifle: its usefulness depends upon the character of the user”
-Theodore Roosevelt.
“Democracy amplifies the notion of legitimacy of the government and that people are the source of authority for the government. Conversely, democracy can as well be curtailed, and serve as a tool to access power for the elites.”[1]
The Universal Declaration of Human Rights (UDHR) asserts that the legitimate source of authority for the government is the people,[2] and for a government to be legitimate, it ought to draw its authority from the people. While the UDHR is not a treaty, there is predominant consensus that it forms part of customary international law and should therefore be implemented by all states. To that effect, the 2010 Constitution of Kenya provides that citizens have a right to elect their leaders.[3] Further, the law provides that elections for every representative are conducted after every five years.[4]
The impact of climate policies on Kenya’s development: Analysing the trade-offs
Posted: 14 October, 2024 Filed under: Uday Makokha Keya | Tags: African countries, carbon dioxide emissions, carbon tax., climate crisis, climate policies, developed countries, developing countries, eco levy, environment, global warming, Kenya, Loss and Damage Fund, monetary funds, plant trees, underdevelopment Leave a commentAuthor: Uday Makokha Keya
Third-year law student, Kabarak University
“African countries are bearing the brunt of the climate crisis and for this reason, we believe it is time we have a conversation on carbon tax.[1]”
This echo’s president William Ruto’s speech on climate change sometime last year. Following this speech Kenya introduced tax on machines and motor vehicles based on the engine capacity of the vehicle,[2] and additional charges commodities that have a negative impact on the environment.[3]
The imposition of the eco levy has the potential to result in a low rate of development in the country as it will decrease the rate of industrialisation, since many industries use heavy machinery. This is also evident by the increased tread towards automation and robotics even by service industries.[4] Consequently, enacting these laws, could limit the use of machines that have a negative impact on the environment and may lead to underdevelopment as most investors may be discouraged from investing in industries in the country.
AfricLaw 