Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Human rights and democratic governance in Kenya: A post-2007 appraisal

Human rights and democratic governance in Kenya: A post-2007 appraisal
Edited by Morris Kiwinda Mbondenyi, Evelyne Owiye Asaala, Tom Kabau and Attiya Waris
2015
ISBN: 978-1-920538-38-5
Pages: 431
Print version: Available
Electronic version: Free PDF available

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About the publication

This publication is a collection of essays on human rights and democratic governance in Kenya in the period after the 2007 post-elections violence.

After surviving the trauma of electoral violence, the country soon embarked on a journey towards reconstruction by engaging in, among other things, intense re-evaluation of the then existing system of laws and institutions. In the process, the daunting task has been to reverse the flawed systems that have been in existence for many decades and in their place entrench systems that would promote and respect democratic governance and human rights. This publication, therefore, documents the extent of the country’s reconstruction since 2007, and makes recommendations for the way forward for the recovery of the state.

The editors of this publication are distinguished Kenyan academics. Morris Kiwinda Mbondenyi is an Associate Professor of Law at the Africa Nazarene University. Evelyne Owiye Asaala is a Lecturer of Law at the University of Nairobi. Tom Kabau is a Senior Lecturer of Law at the Africa Nazarene University. Attiya Waris is a Senior Lecturer of Law at the University of Nairobi.

About the editors:

Morris Kiwinda Mbondenyi is Associate Professor of Law, Africa Nazarene University.
Evelyne Owiye Asaala
is a Lecturer in Law, University of Nairobi.
Tom Kabau
is Senior Lecturer in Law, Africa Nazarene University.
Attiya Waris
is Senior Lecturer in Law, University of Nairobi.


Table of Contents

Foreword
Contributors

  • 1. Human rights and democratic governance in post-2007 Kenya: An introductory appraisal
    Morris Kiwinda Mbondenyi

Part 1: Towards the realisation of a human rights culture

  • 2. A new era in human rights promotion and protection in Kenya? An analysis of the salient features of the 2010 Constitution’s Bill of Rights
    John Osogo Ambani and Morris Kiwinda Mbondenyi
  • 3. Socio-economic rights and the potential for structural reforms: A comparative perspective on the interpretation of the socio-economic rights in the Constitution of Kenya, 2010
    Nicholas Wasonga Orago
  • 4. Towards a coherent legal regime for the protection of indigenous peoples’ land rights in Kenya
    Tom Kabau

Part 2: Entrenchment of democracy through electoral reforms

  • 5. The quest for a more perfect democracy: Is mixed member proportional representation the answer?
    Ochieng Walter Khobe
  • 6. Political parties and ‘free and fair’ nominations in Kenya
    Paul Ogendi

Part 3: Implementation of good governance principles

  • 7. Women’s representation in elective and appointive offices in Kenya: Towards realisation of the two-thirds gender principle
    Winifred Kamau
  • 8. The constitutional and legal framework of devolved government and its relevance to development in Kenya
    Conrad Bosire

Part 4: The accountability and integrity conundrum

  • 9. Towards a corruption free Kenya: Demystifying the concept of corruption for the post-2010 anti-corruption agenda
    Ken Obura
  • 10. The leadership and integrity chapter of the 2010 Constitution of Kenya: The elusive threshold
    Juliet Okoth
  • 11. Kenya’s fiscal accountability revisited: A review of the historical erosion of the country’s fiscal Constitution from 1962 to 2010
    Attiya Waris

Part 5: Unravelling judicial reforms and the state of justice

  • 12. Unclogging the wheels of justice: A review of judicial transformation in the post-2007 period
    Morris Kiwinda Mbondenyi
  • 13. Prosecuting the 2007 post election violence-related international crimes in Kenyan courts: Exposing the real challenges
    Evelyne Owiye Asaala
  • 14. Judicial responses to women’s rights violations in Kenya in the post-2007 context
    Ruth Aura-Odhiambo

Selected bibliography


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