Freedom for the thought that we hate
Freedom for the thought that we hate
In common with many of my country men, I found the recent wedding in London between two homosexual Kenyans quite disturbing, albeit for very different reasons.
Triumph of Hague-Option Proponents? Not Quite!
Triumph of Hague-Option Proponents? Not Quite!
Having missed a previous deadline to create a special tribunal to prosecute the masterminds of post-election violence, the Kenyan government finally recognized it couldn't meet the August one either. Following a deal reached in Geneva recently - in which Kenya pledged to get the tribunal in place by July 2010* - Kofi Annan has now handed over the list of top suspects to International Criminal Court prosecutor Luis Moreno-Ocampo, thus launching a new chapter in this protracted drama.

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Annan hands over the names
Annan hands over the names
The BBC is reporting that Kofi Annan has handed the names of key suspects involved in the post-election violence to the prosecutor at the International Criminal Court. Mr. Annan has also, it is reported, handed over the supporting material mentioned in the Waki report.
A Tale of Two Lawyers
A Tale of Two Lawyers
I bow before all the illustrious people who taught me the law, and who instructed me in the conduct, business and ways of the lawyer. My respect for them is unconditional, voluntary, earnest and everlasting.
Professor Alston's Report
Professor Alston's report

Professor Philip Alston is the UN's special rapporteur on extrajudicial, summary, or arbitrary executions. As everybody must now know, it has been his job, these last nine days, to find some facts about what turns out to be widespread extrajudicial murder. 

It is difficult to see how he could have done his job better. His media strategy has beeen both excellent and well-executed:having the KNCHR release their report the day before -- and a reportwith such compelling evidence -- guaranteed th...

Unsung Peace Heroes of the PEV
Unsung Peace Heroes of the PEV
Esther Wanza Muisu is 42 year old Kamba married to a Kikuyu who lives in Kenya's buzzing tourism town of Mombasa. Mombasa was one of the towns brought to a violent standstill immediately after Kenya's election results in 2007 were released. 
Uwezo
Uwezo
Everyone takes advantage of Giriamas. "Even an Indian will ask, 'are you Charo or Katana?' He doesn't want to employ people like me of another tribe because he knows Giriamas will work like donkeys and not complain about money." This was said to me by the Taita man who works in our house in Watamu. The genesis of his heartfelt tirade was the discovery that his Giriama colleague's plot had been sold without his knowledge through the seeming machinations of a Kikuyu man. It surpri...

Office of the Public Defender
Office of the Public Defender Office of the Public Defender
Kituo Cha Sheria, the oldest legal aid and human rights organization established in 1973 is shocked to realize that the Public Defender's office has been removed from the Proposed Draft Constitution released by the Committee of Experts on 23rd February 2010. This removal comes after a recent article of the costing for provision of legal aid services having been done by the Ministry of Finance.

A new constitution this year
A new constitution this year A new constitution this year
Even the most dyed-in-the-wool pessimist might now begin hoping that Kenya could have a new constitution before the year’s end.

Statement from Bethwel Kiplagat TJRC Chair
Statement from Bethwel Kiplagat, Chairman TJRC Statement from Bethwel Kiplagat, Chairman TJRC
Yesterday, former South Africa TJRC Chairman, Archbishop Desmond Tutu added his voice to the chorus of calls for the resignation of Ambassador Bethwel Kiplagat our Justice and Reconciliation chairman. Dissent from within the commission, and threats of resignations as well as a media campaign against him spearheaded by the main civil society groups led to this reaction today from Kiplagat.

Onyango Oloo interviews TJRC Chairman Kiplagat
Onyango Oloo interviews TJRC Chairman Kiplagat Onyango Oloo interviews TJRC Chairman Kiplagat
Political activist Onyango Oloo sat with embattled TJRC Chairman Bethwel Kiplagat in an interview. Kiplagat answers the charges brought up against him.

ODM supports draft constitution
ODM supports draft Constitution ODM supports draft Constitution
As we mark the second anniversary of the signing of the National Accord and Reconciliation Agreement, ODM wishes, first and foremost, to thank Kenyans from all walks of life for working together in harmony in maintaining peace and fostering unity.

Addressing the Senate and Devolution
Addressing the Senate and Devolution Addressing the Senate and Devolution
If the Committee Of Experts has decided to eschew the Parliamentary Select Committee's (PSC)  proposal on the makeup, role and functioning of the propose senate, as has been reported in the press,  and has instead recommended an empowered senate with legislative powers and directly elected members, the question that presents itself is what will become of the PSC's proposal on devolution.

Citizenship Doesn't Stop at the Border
Citizenship Doesn Citizenship Doesn't Stop at the Border

It came as a bit of surprise to learn that several Kenyan diasporans do not back the proposal for a diaspora MP. One such argument was made on these pages by Stephanie Migot : a pleasure to read, but I am unable to see a way to agreeing with her view. So I'd best set out my reasons.



From Imperial President to King
From Imperial President to King: a people betrayed From Imperial President to King: a people betrayed
Members of Parliament have betrayed the people of Kenya, particularly the majority poor and exploited and the struggle for a new progressive national constitution.

PSC report on the Draft Constitution
PSC report on the Draft Constitution PSC report on the Draft Constitution
Published below is a report from the Parliamentary Select Committee on Constitutional Review.

Draft Constitution from PSC
Draft Constitution from PSC on Constitution Review Draft Constitution from PSC on Constitution Review
Published below is the actual proposed constitution for Kenya that came out of the Naivasha conference of the Parliamentary Select Committee on Constitutional Review. The document has been forwarded to the Committee of Experts appointed to collect views and put them together in a form that could be presented to the Kenyan people for their approval.

Against an MP with Air Miles
Against an MP with Air Miles Against an MP with Air Miles
An article published in the Daily Nation brought one John Maina to national attention when he mooted the idea of Kenyans living abroad – the diaspora – having their own representative in government. According to the article, the Kenya Community Abroad (KCA), a US-based Kenyan advocacy group, is lobbying the Committee of Experts to create an “Abroad Constituency” who would then have an MP to represent the interests of Kenyans living abroad. ...

The Hoax that is the Naivasha Deal
The Hoax that is the Naivasha Deal The Hoax that is the Naivasha Deal
The Parliamentary Select Committee is finally showing its true colors. It has shown that it can bastardize the people’s document to suit the narrow whims of just a handful of people in Parliament.

Cutting a Long Story Short
Cutting a Long Story Short Cutting a Long Story Short
There is no nice way to say it. The Harmonized Draft Constitution of Kenya is long. Very long. Its 165 pages contain more than 60,000 words. The table of contents alone is eleven pages long. In contrast, the US constitution, the oldest such national document in continuous existence, is only 7800 words. In fact, across the globe, loquacious constitutions seem to be all the rage. In each decade since 1945, the average length of national constitutions has increased by between 1300 and 1900 words. W...

Harmonised Draft - Illustrated
Harmonised Draft - Illustrated Harmonised Draft - Illustrated
Published below is a series of illustrations on the CoE proposed Harmonised Draft Constitution as proposed to the Kenyan people.

Your Guide To Writing A Half-Clever Constitution
Your Guide To Writing A Half-Clever Constitution Your Guide To Writing A Half-Clever Constitution
How do we properly state our constitution? How do we write it down?

Culture Cannot be Captured in any Constitution
Culture Cannot be Captured in any Constitution Culture Cannot be Captured in any Constitution
One of my most painful memories in primary school was an annual ritual called Parents Day when all the students would showcase their talents to relatives who bothered to show up.

Reviewing the Constitution
Reviewing the Constitution Reviewing the Constitution
Rarely does a generation find itself in the midst of constitution making as Kenya is now. Kenyans then should rise to the occasion and heed the call of history. The Committee of Experts on Constitutional Review (CoE) has produced a harmonized draft constitution and invited Kenyans to comment on areas that need improvement. In my opinion the areas that need immediate attention are: the appointment of the Prime Minister; the separation of powers and duties between the offices of the prime minister

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Kenya: Harmonised Draft Constitution 2009
Kenya: Harmonised Draft Constitution 2009 Kenya: Harmonised Draft Constitution 2009
Published below is the Harmonised Draft of the Kenyan Constitution submitted by the Committee of Experts.  For the next thirty days the Kenyan government invites online public consultation which will be considered in the final draft.  Post comments below or send us your long commentary for publishing on what you find as contentious issues in this draft.

Why Justice Must Be Served
Why Justice Must Be Served Why Justice Must Be Served
Thanks to the reminders of the violence that was meted on thousands of innocent Kenyans in the period that is now known as Post Election Violence I am unlikely to sleep tonight. Two years ago seated in my Minnesota living room I listened in horror (emails and phone calls) to stories about women being raped. The reports on rape first started with the attacks that followed soon after the election results were announced -- and continued as displaced women moved into camps away from their homes. &nb

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One Kilometer, One Vote?
One Kilometer, One Vote?
Remarks by the MP for Dujis, Aden Duale, that one kilometer should equal one vote  are not only ludicrous but ignoble too. In elementary law and political science classes we learn that democracy is the rule of the majority with the consent of the minority.



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