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 comment
Author: 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]
Miss Universe Mauritius 2024: A landmark in the legal battle for transgender equality
Posted: 23 August, 2024 Filed under: Lakshita Kanhiya | Tags: anti-discrimination protections, Association VISA-G, beacon of hope, Central Population Database, Civil Status Act of 1981, discrimination, gender identity, human rights, international human rights treaties, Jeanny Michelle Karla Fanfan, legal framework, legal obstacles, legal recognition, LGBTQ+, Mauritius, Miss Universe Mauritius 2024, sexual orientation, stigmatisation, transgender persons, transgender rights, Young Queer Alliance Leave a comment
Author: Lakshita Kanhiya
Pan-Africa ILGA
The historic participation of Jeanny Michelle Karla Fanfan as the first transgender woman in Miss Universe Mauritius 2024 marks a significant milestone in the fight for transgender rights and inclusivity in Mauritius.[1] This moment not only symbolises progress within the realm of beauty pageants but also serves as a powerful platform to discuss the broader legal, social, and human rights challenges faced by transgender persons in Mauritius. As a general observation, the legal recognition and protection of transgender rights in Mauritius remain areas of significant concern, reflecting a broader global struggle for equality and non-discrimination.
Regulating cryptocurrencies in the Central African Republic: Has the cart been put before the horse?
Posted: 21 July, 2022 Filed under: Rimdolmsom Jonathan Kabré | Tags: 2015 Paris Agreement, Bank of African Central States, bitcoin, carbon footprint, Central African Economic and Monetary Community, Central African Republic, cryptocurrency, electronic transactions, greenhouse gas, Law n°22.004, legal framework, legal tender, National Electronic Transaction Regulatory Agency, political opposition, tax contributions 7 Comments
Author: Rimdolmsom Jonathan Kabré
Postdoctoral researcher, Centre for Human Rights, University of Pretoria
Introduction
On 22 April 2022, the Parliament of the Central African Republic (CAR) adopted the Law n°22.004 governing cryptocurrency in the Central African Republic (hereinafter the Law). This is the second time in the world, and the first time in Africa, that a country adopts cryptocurrencies as legal tender. Previously, some other African countries considered the issue of cryptocurrencies: In Algeria, for example, they are prohibited (see art 117 of 2018 Financial law). In Egypt, bitcoin transactions were classified as haram (in a non-binding religious decree of 2018) until the recent Central Bank and Banking Sector Law No.194 of the year 2020 which contains some rules regarding the use of financial technology. Nigeria has prohibited the trading of cryptocurrencies and launched its own digital currency called eNaira. In South Africa, the regulation of cryptocurrencies is imminent (see here and here).
The place of liberal feminism in the struggle for gender equality in Kenya.
Posted: 8 July, 2022 Filed under: Davis Thuranira | Tags: affirmative actions, Bill of Rights, equal participation, feminism, gender discrimination, gender equality, gender inequality, Gender Representation in the National Assembly and the Senate, gender rule, good governance, human rights, Kenya, legal framework, liberal feminism, non-discrimination, patriarchy, Rono v Rono, toxic masculinity, transformative jurisprudence Leave a comment
Author: Davis Thuranira
Student, Kenyatta University, Kenya
Major Premise
The framers of the constitution[1] provided adequate mechanisms to counter gender discrimination and foster equality among all sexes and gender in the country. As a matter of fact, several legal provisions incline to an ideology of equality that seeks to overhaul the existing societal structure which anchors discrimination and unequal treatment of women.
Equality, non-discrimination, inclusiveness and protection of the marginalized are among the key principles featured under Article 10[2]. The provision universally applies to all persons and demands compliance by the state, including its organs, while exercising its constitutional mandate. The state is required to invoke its authority by giving effect to the two-third gender rule. Additionally, these principles and others that support gender equality are emphasized in the constitution since such are the basis for any democratic society that the constitution envisions. The applicability of these principles is mandatory, and the courts have on several occasions emphasized that the principles are not aspirational as argued by critics but realistic, practicable and binding on everyone. In the case of Rono v Rono[3], the Court of Appeal authoritatively asserted that the Constitution shields women from customary succession laws that bar women from inheriting property. The Court held that both male and female children are treated equally before the law and that discriminatory rules are invalid and unconstitutional to the extent that it treats women as inferiors to men. Read the rest of this entry »
Natural resources: The cause of the permanence of armed conflicts in Africa?
Posted: 3 August, 2021 Filed under: Boubakar A. Mahamadou | Tags: armed conflict, arms, arms dealers, Burundi, Central African Republic, Chad, conflict, Democratic Republic of Congo (DRC), development, economic crimes, economic interests, governance, legal framework, legal measures, mineral resources, natural resources, Rwanda, troops, Uganda, war, War economy, warlords, Zimbabwe Leave a comment
Author: Boubakar A. Mahamadou
Graduate, Swiss Umef University
Africa is undoubtedly a continent rich in natural resources thanks to its subsoil which abounds in 30% of the world’s mineral resources. However, these resources have not allowed the long-awaited development of the continent to be achieved. These resources have also become the main sources of conflict on the continent. Indeed, the presence of significant natural resources on the territory of a State increases the risk of armed conflict. They can motivate secessionist demands, finance rebellions or even stir up violence. According to the United Nations Environment Program (UNEP), natural resources are associated with 40% of internal conflicts around the world. It is in this sense that in Africa, we have been witnessing for some time now, the development of an economy of armed conflict.
AfricLaw 