A Human Rights Defender's Perspective

I recently finished reading a book by William Makepeace Thayer titled " From Farm House to the White House" - a book on the life of George Washington I got a beautiful quote from it ... some thing to ponder over: " Happy it is for this country that the general of their forces can safely be entrusted with the most unlimited power, and neither personal security, liberty, or property, be in the least degree endangered thereby ." And so we ask ... are our governments (or those that control them) willing - if afforded sweeping powers over security matters - to guarantee their citizenry, personal security, liberty, or property, freedom from endangerment is the least degree? Is the government of Kenya - even as it seeks more authority on matters security by means of the Security Laws (Amendment) Bill - committed to ensuring that personal security, liberty, or property shall be protected?? If not then fuck that piece of proposed legislation! My Ta...

It is quarter to ten in downtown Nairobi, the crazy traffic has eased up with still a few people trying to catch a bus or matatu home.  Suddenly the scene changes, a matatu drives fast and carelessly, suddenly stopping in the middle of an intersection on the Tom Mboya - Ronald Ngala streets. The matatu has blaring music, its horn is on permanent hoot mode, the neon lights are sparkling in the dark changing from red to green to yellow to white. All the while, tens of young men in the matatu are screaming and shouting at anything and everything, sticking their bodies out of the windows yelling all sorts of gibberish.  I soon realize it is a new matatu ... "Fresh from the kitchen" they say ... It is called "nasty" the name displayed all around in different sizes alongside colorful graffiti. It is being presented to the city-the world for the very first time ... People must celebrate the new mathree! Suddenly another matatu drives and stops right in front...

Education is a human right. The Constitution provides for it in Article 43 as a socio-economic right and more importantly in Article 53 where free and compulsory basic education is an immediately realizable right for every child in Kenya. The Constitution which reflects the aspirations of Kenyans in letter and spirit envisages education as playing a very important role in our society. Kenya’s Vision 2030 – our development blue print, has gone a step further according education its rightful status as a foundation for national transformation. The Medium term plans which implement this blue print are therefore important for monitoring and evaluating progresses made towards observing, respecting, protecting, promoting and fulfilling this very important right. The state cites that an achievement of the first Medium Term Plan (MTP 1) was that the transition rate from primary to secondary education increased from64.1 % in 2008 to 73.3 % in 2011 - progress worth noting and appreciating....

THE BELOW ARTICLE WAS PUBLISHED IN THE WEEKEND EDITION OF THE STAR NEWSPAPER - 5/04/2014 SATURDAY, APRIL 5, 2014 - 00:00  --  BY BEMIH KANYONGE IMPOVERISHED: Refugee women wait for food rations at Dadaab camp. The government?s newest encampment seems to care little about the dignity of refugees. Photo/File The massive use of force by the government, often to kill innocent people, violates several provisions of the constitution. And its treatment of refugees violates Kenya’s obligations under international law. Ever since it came in power, the government has shown no respect for the rule of law. Article 2 proclaims the supremacy of the constitution. Anything done outside the constitution is void. No one can claim or exercise authority that is not recognised by it. Article 10 emphasizes two of the key national values of leadership and governance: the rule of law and good governance. The senseless killing of innocent people at the hands of criminals in the Coa...

THE BELOW ARTICLE WAS PUBLISHED IN THE WEEKEND EDITION OF THE STAR NEWSPAPER - 22/02/2014 In a speech during the launch of   ‘The State of the Judiciary and Administration of Justice Report 2013' on February 7, Chief Justice Dr Willy Mutunga raised a few important issues   touching on the administration of justice in Kenya. The Chief Justice highlighted consequences of disobedience or disregard of court orders – “…a fairly reliable down payment for anarchy …” The Commission for the Implementation of the Constitution weighing in on the debate over the impeachment of the Embu Governor  termed the disregard “…an assault on the rule of law, and threatens the very basis of our constitutional order …. Separation of powers does not insulate state organs from constitutional obligations.” In Zambia and the United Kingdom, disobedience of court orders has been deemed an "undermining of the justice system and leads to a complete state of lawlessness and a...

Interesting times ahead in the socio-legal world. This blog will interrogate the issues that affect Kenya’s and the world’s ‘social fabrique’ from a legal perspective. A lot will be happening on this front. Matters ICC The Hague trials will resume. Debates around the genuineness of the prosecutions and the politics of the ICC will definitely get back to the lips of many both locally and internationally. There will again emerge voices for an African renewal and we’ll be observing the African Union to see how objectively it will try to push the “African-ness” agenda. This blog will not refrain from scorning the African Union when it strongly believes that it’s agenda is pushed by an exclusive club of old dictators keen on protecting their behinds from harmful acts they are likely to commit on their own people. This blog will however applaud any genuine African voice that seeks a renewal for the African woman, child, elderly, marginalized, person with disability etc. African human ...