Whereas the concept of the Basic Structure Doctrine is not new in Kenya, this was the first time that the appellate court was met with the concept. In this regard, two questions were posed to the Court of Appeal. First, does the Basic Structure Doctrine apply in Kenya, and if yes, what forms the Basic Structure of the Constitution of Kenya 2010?
In BBI 2, these passive virtues were raised by the Appellants in a bid to overturn the BBI 1 by the High Court. The Appellants argued that the questions raised in BB1 were political questions and unripe for determination. Put differently, the appellants argued that the questions posed in BBI were better left for the political players and not the Court.
The role of the police during elections is to safeguard the right to vote by providing security to voters and guarding ballots. History has however shown that the police are occasionally misused to either interfere with or prevent voters from voting. During the President Daniel arap Moi era, the police and provincial administration were used by the ruling party to deliver votes to the regime’s candidates. Today, in every election, the elements of the ruling party have been shown to make similar attempts, as they deploy dozens of police officers to polling stations, which then become scenes of chaos.
The unprecedented virus leaves us with several questions including whether we are supposed to talk of human rights when confronted with a pandemic
In passing the Constitution of Kenya 2010, Kenyans dreamt of a document that would correct the injustices of the past and build a new Republic which puts the vulnerable and downtrodden (Hohehahe) at the center of statehood and not the periphery.
The decision is not about those who subscribe to
