The Contribution of the South African Constitution to Kenya's Constitution

Ghai, Jill Cottrell; Ghai, Yash

doi:10.1017/9781108233231.011

Cited by 4 publications

(3 citation statements)

References 9 publications

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“…Public officials are to be in office to serve the people, observe high standards of integrity and avoid corruption and favouritism. 27 not elaborate as the Kenyan scheme, South Africa's Constitution also regulates ethical conduct of public officials and demands that this should be one of the criteria for assessing the suitability of a candidate for designated public offices. Explicitly, the constitution demands that judicial appointments must take into account the consideration as to whether the candidate is "fit and proper".…”

Section: Constitutionalisation Of Governmental Ethicsmentioning

confidence: 99%

Separation of Powers in Judicial Enforcement of Governmental Ethics in Kenya and South Africa

Ochieng

2022

Kabarak J. L & Ethics

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The Kenyan Constitution, 2010 and the 1996 South African Constitution prescribe eligibility criteria for appointment into public office. The courts in both countries have been vested with the role of policing the boundaries of constitutionality of the exercise of power by the other arms of government. This mandates courts to ascertain whether an appointment by the executive branch meets the constitutionally prescribed threshold. The power of judicial review of appointments by the executive branch has brought the question of separation of powers between the judiciary and the executive into sharp relief. This paper discusses the separation and intertwining of powers between these two branches of government in the context of their respective roles in public appointments.

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Section: Constitutionalisation Of Governmental Ethicsmentioning

confidence: 99%

Separation of Powers in Judicial Enforcement of Governmental Ethics in Kenya and South Africa

Ochieng

2022

Kabarak J. L & Ethics

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“…The subject of the vote, a proposed Constitution, had been a very long time in coming. Officially initiated in 2000 with the establishment of the Constitution of Kenya Review Commission, Kenya's constitutional process had proceeded in fits and starts with several competing versions of a new constitution debated and rejected before Parliament set this draft before the voters for approval (Ghai & Cottrell Ghai 2011; Kanyinga & Long 2012; Lumumba 2013). 1 This time Kenya's voters did not disappoint constitutional drafters.…”

Section: Introductionmentioning

confidence: 99%

The challenge of reforming land governance in Kenya under the 2010 Constitution

Bassett

2017

J. Mod. Afr. Stud.

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In August 2010, Kenya's citizens adopted a new Constitution. Intended to rein in an imperial presidency, the Constitution initiated one of the most ambitious governance reforms seen in Sub-Saharan Africa. ‘Devolution’ establishes 47 counties with extensive powers led by a directly elected governor and legislative assembly. The transition has exposed fault lines as actors struggle over the delineation of power. This paper presents the fight between the National Land Commission and the Ministry of Lands over the right to manage public land in the period 2013–2016. The paper argues that the difficulties associated with land reform arise because of the centrality of land allocation to the maintenance of power in the country. NLC's potential to transform land relations – by addressing land grabbing, effecting land redistribution, and ensuring land access by marginalised groups – is limited. This is due to the paucity of unallocated public land and the continued strength of Kenya's statist land tenure regime.

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“…While Kenya’s new constitution has enshrined women’s individual property rights (FIDA & International Women's Human Rights Clinic, 2008; Ghai & Ghai, 2011), in practice, women’s ability to cultivate crops and have some control over food and income is generally conferred through marriage. In this setting, the expulsion from a marriage also involves being forced off of land, by a husband or relatives, and outside of community settings in which the husband’s family resides.…”

Section: Introductionmentioning

confidence: 99%

Intimate partner violence and forced migration during pregnancy: Structural constraints to women's agency

Turan

Hatcher

Romito

et al. 2015

Global Public Health

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Little is known about migration during pregnancy related to intimate partner violence (IPV). In this paper, we examine issues of agency in relation to pregnant women’s migrations in a high HIV prevalence area of Kenya. We qualitatively explored forced migration among pregnant women, using data from in-depth interviews, focus groups, and IPV screening forms. To quantitatively examine migration during pregnancy, we analyzed data from a prospective study of 614 pregnant women. The qualitative data revealed that women had varied responses to violence in pregnancy, with some being able to leave the marital home voluntarily as a strategy to escape violence. Others were ‘sent packing’ from their marital homes when they dared to exercise autonomy, in some cases related to HIV status. Quantitative analyses revealed that pregnant women who migrated were more educated, less likely to be living with a partner, and had fewer children than other women. Migration among pregnant women in Kenya illustrates the complexity of understanding women’s agency in the context of IPV. The findings indicate that there is not a dichotomy between “victim” and “agent”, but rather a complex dynamic between and within pregnant women, who may sequentially or simultaneously experience aspects of victimhood and/or agentic response.

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The Contribution of the South African Constitution to Kenya's Constitution

Cited by 4 publications

References 9 publications

Separation of Powers in Judicial Enforcement of Governmental Ethics in Kenya and South Africa

Separation of Powers in Judicial Enforcement of Governmental Ethics in Kenya and South Africa

The challenge of reforming land governance in Kenya under the 2010 Constitution

Intimate partner violence and forced migration during pregnancy: Structural constraints to women's agency

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