Browsing Faculty of Law by Subject "Kenya"
Now showing items 1-9 of 9
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The 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
(Pretoria University Law Press (PULP), 2013)The prominent use of international human rights law in a state’s domestic legal system depends on the hierarchical place occupied by international law in general, and international human rights law in particular, among the ... -
Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
(Pretoria University Law Press, 2011)International law approaches the right to education for children with disabilities in a rather generic way. This means that the rights of children with intellectual disabilities have to be gleaned from the general ... -
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary ... -
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)The Constitution of the Republic of Kenya 2010 (Constitution) provides that general rules of international law such as customary international law form part of the laws of Kenya.1 Articles 2(5) and (6) provides that “[t]he ... -
Multilevel government in South Africa, Ethiopia and Kenya
(Forum Of Federations, 2018)This paper aims to inform policy makers and stakeholders in the Philippines about the critical features of, and practical experiences with, federalism and decentralization in South Africa, Kenya and Ethiopia. The ... -
The Place of the "Minimum Core Approach" in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution
(Journal of African Law, 2015)The high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, ... -
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Springer Verlag, 2018)The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person ... -
The Socio-Economic Impact of Pre-Trial Detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa, 2016)The project was informed by an understanding of how socio-economic rights intersect with fair trial rights. The nature of the obligations on states, as set out in instruments such as the International Covenant on Economic, ... -
What is the future of polygyny (polygamy) in Africa?
(Academy of Science of South Africa, 2017)The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the ...
