State-sanctioned human rights violations in Kenya: countering repression with resistance
Posted: 29 August, 2025 Filed under: Edward Kahuthia Murimi | Tags: 2024 Finance Bill, arbitrary arrests, barbaric governance, CIVICUS, death while in police custody, enforced disappearances, extrajudicial killings, global alliance for civil society organisations, human rights, human rights violations, Kenya, Kenya’s Constitution, Multinational Security Support mission to Haiti, President Ruto, protesters, public policy, Rex Masai, right of peaceful assembly, right to life, rule of law, the right to freedom of expression, watchlist, widespread human rights abuses Leave a comment
Author: Edward Kahuthia Murimi
Advocate of the High Court of Kenya
Introduction
Kenya’s human rights situation has deteriorated in the recent past, and the state-sponsored human rights violations in the country can no longer be ignored. The global alliance for civil society organisations, CIVICUS, has recently added Kenya to its watchlist and rated the country as ‘repressed’ following what the organisation described as ‘a disturbing escalation in state-led repression of civic freedoms’. This article aims to shine a light on escalating human rights violations in Kenya in the hope that an international readership will inform some form of restraint by the authorities. It also highlights the disconnect between Kenya’s theoretical commitments to international human rights norms and processes and the blatant disregard for these same norms in practice. It argues that deliberate resistance is the most realistic response to the current onslaught on the exercise of human rights by President Ruto’s government.
Peeling back the mask: Analysing the juxtaposition of marital rape and its legalese in Kenya
Posted: 7 April, 2025 Filed under: James Mulei | Tags: ‘unlawful’ penetration, biological abilities, bride price, cultural taboos, cultural traditions, gender-based violence, inancial security, intimate partner violence, justice to victims, Kenya, Kenya’s Sexual Offences Act (2006), lack of forensic medical experts, marital rape, non-consensual sex, physical disparity, physical effects, psychological effects, rape, rape within marriage, unconsented sex Leave a comment
Author: James Mulei
Kabarak University
“You are mad!” Resian screamed at him. “You are stark mad if you think I am your wife. He repeated quietly, smiling “Whether you scream your heart out, or jump into the deep sea, Resian, you are mine. You are my wife from now henceforth! Let us see how ‘educated’ your body is.” *
The juxtaposition of marital rape has been a subject of discussion, spanning several years if not centuries. Ideally, juxtaposition here refers to contrasting the concept of rape within marriage. Why would a man rape his wife if they are married? Isn’t rape characterised by unconsented sex, where ‘unlawful’ penetration must occur? The immunity of a husband had a long historical tradition, framed by British common law. The immunity of husbands was established by the eminent judge and jurist Sir Matthew Hale in 1736, where he pointed out that a husband cannot be guilty of rape upon his wife for a husband could not be guilty of raping his wife, as marriage implied consent. This theory treated marriage as a contractual agreement where sex was an obligation, making it impossible to prosecute marital rape.[1] This implied that a husband is incapable of raping his wife, meaning that any sexual acts perpetuated within the marriage could not be subject to judicial scrutiny.[2]
More of the Humourist
Posted: 4 March, 2025 Filed under: Saniamu Ngeywa | Tags: abductions, art, cartoonists, cartoons, democracy, freedom of expression, governmental persecution, increased taxes, Kenya, lawless treatment, print media, rights of all to receive information, tools for creatively, Universal Declaration of Human Rights, violence Leave a comment
Author: Saniamu Ngeywa
LLM, University of Groningen, Netherlands
No Laughing Matter
Retrogressive times and events have taken Kenya back to an all-too-familiar phase, rendering citizens, funny guys, dissidents, and rights defenders shivering. Social media enthusiasts banter that political positions should have an undisputed requirement that the applicant must be able to take a joke, lest an exaggerated doodle puts a cartoonist in, to put it lightly, a sticky situation – governmental persecution, abductions, and lawless treatment.
African countries have, in the past, seen their artists persecuted for wordlessly conveying opinions. The pen, wielded as an instrument of resistance, has led to those in power bringing a gun to the proverbial knife fight against the satirist. Kenya, as a nation that prides itself in democracy, finds itself in an ironic position as it silences the ‘different’ opinion, hazardously blurring the line between democracy and dictatorship. The recent abduction and much-delayed release of cartoonists remind us that despite constitutional protections for freedom of expression, the political elite’s intolerance mirrors that of regimes far less free.
Does the Penal Code promote life or punish despair? A study of the law against suicide in Kenya
Posted: 7 February, 2025 Filed under: Pawi Fortune, Soita Shitanda Elvis | Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |
Author: Pawi Fortune Federation of African Law Students, Kenya |
 |
Author: Soita Shitanda Elvis Kabarak University Law School |
‘Austin taught that the only force behind the law was physical force, and Mill declared that the only purpose for which that force could rightfully be used against any member of the community was to prevent harm to others; his own good, physical or moral, was not sufficient warrant.’[1]
The question on law and morality is as old and controversial as the question of which came first between the chicken and the egg. To some, law and morality are two separate entities whereas others are of the opinion that law and morality are interconnected. According to Professor H.L.A Hart, law and morality are two distinct social phenomena, and a free society should allow for morally autonomous choices.[2] Lord Devlin on the other hand argues that when conduct arouses widespread feelings of intolerance, indignation and disgust, it deserves to be suppressed by legal coercion in interest of the integrity of the society.[3] The issue of suicide intersects with the complex interplay between legal frameworks and societal morality, raising profound questions about individual autonomy, the state’s role in protecting life, and the ethical implications of criminalising self-destructive behavior. This article aims to provide a critical assessment of the Kenyan Penal Code’s stance on suicide, advocating for a shift towards a compassionate and supportive legal framework.
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.
Agency and vulnerability in the intersection of abortion law and refugee experience in Kenya
Posted: 23 September, 2024 Filed under: Pawi Fortune | Tags: abortion, abuse, Africa, Dadaab, defilement, displaced persons, Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others, forced prostitution, foreign domination, gang rape, health care services, healthcare services, Kakuma, Kenya, maternal deaths, mental health, Ministry of Health Guidelines on the Management of Sexual Violence in Kenya, physical trauma, rape, refugees, safe abortion services, Sexual Offences Act, sexual violence, state of unrest, unintended pregnancies, unsafe abortions, unwanted pregnancy Leave a commentAuthor: Pawi Fortune
Kabarak University Law School
The number of refugees in Africa has been on the rise[1] with many people being morphed into refugee status by various reasons such as a state of unrest, foreign domination and internal/external aggression.[2] In pursuit of safer grounds, ‘aspirant refugees’ flee to other countries hoping for better conditions than that from which they fled. However, even in countries of asylum, displaced persons face a precarious existence devoid of guaranteed safety or survival. Dadaab and Kakuma, critical refugee sanctuaries in Kenya, shelter a diverse population of refugees fleeing instability in countries such as Somalia, the Democratic Republic of the Congo and South Sudan.[3] Nonetheless, mistakenly believing this new land to be a haven, refugees are subjected to unimaginable sexual violence, a cruel irony that erodes their dignity and sense of self to a degree that renders their prior persecution almost preferable. This paper aims serve as a lamentation, a call for help reflecting the pain of survivors of sexual violence in refugee camps who have succumbed to the dangerous consequences of unsafe abortions or lack of it due to inaccessibility of the appropriate health care services.
The injustice of climate mitigation strategies on pastoralist communities in Kenya: An international law perspective
Posted: 19 August, 2024 Filed under: George Njogu | Tags: carbon trading, climate change framework policy, climate change mitigation strategies, climate finance, disease management, environmental justice, Food and Agriculture Organisation, global development objectives, global warming, government, greenhouse gas (GHG) emissions, injustice, international environmental law, international law, Kenya, Kenya Wildlife Conservancy Association (KWCA), Kenya's State Department of Livestock and Fisheries, Kyoto Protocol, livelihood diversification, livestock, Nationally Appropriate Mitigation Action (NAMA), policies Leave a comment
Author: George Njogu
Kabarak University School of Law
Pastoralist communities in Kenya, whose livelihoods depend on livestock, are increasingly being required to reduce their herds as part of climate change mitigation strategies. While the intention behind these measures is to combat global warming and climate change, they disproportionately affect these communities, whose contributions to climate change are minimal compared to industrial activities in developed countries. This disparity raises significant concerns about fairness and equity under international law. This article seeks to explore the reason behind these mitigation practices and recommends a solution to the predicament.
Livestock accounts for approximately 10% of Kenya’s national gross domestic product (GDP) and over 50% of the agricultural GDP. The sector employs half of the agricultural labour force.[1] The primary stakeholders in this subsector are pastoralists and farmers, who primarily raise animals for food and income generation. For pastoralists, however, livestock also serves as a symbol of self-esteem and wealth within their communities.[2]
Effect of prayer camps for people with psychosocial disabilities in Kenya
Posted: 29 April, 2024 Filed under: William Aseka | Tags: depression, evil spiritual forces, Father John Pesa, Kenya, mental disability, mental health, national disaster, Pastor Paul Mackenzie, prayer camps, Private Pentecostal churches, Prophet Owour, pyschosocial disabilities, religious retreats, Shakahola Massacre, violation of the rights, witchcraft Leave a comment
Author: William Aseka
Human Rights Lawyer
In Kenya, popular beliefs associate mental disability with paranormal phenomena or spiritual manifestations. Prayer camps set up by pastors offer care to mentally disabled people and their families. In these camps, as it will be discussed in detail in this article the “care” provided is not appropriate in terms of the standards and protocols of mental health services. According to a World Health Organisation report, in 2017, Kenya was ranked fifth among African countries with elevated cases of depression. The study found that at least two million people suffer from depression. In addition, Kenya has one general hospital (Mathari National Teaching and Referral Hospital) and 14 psychiatric units in general hospitals capable of treating mental health conditions. It is also estimated that Kenya has about 116 psychiatrists for a population of about 50 million. This translates to one psychiatrist serving at least 400,000 people with mental disabilities.
AfricLaw 