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Kenya: Parliament Ordered to Enact Legislation Related to Increasing the Number of Female Members

(Apr. 19, 2017) On March 29, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found that the two houses of the national legislature, the National Assembly and the Senate, failed to perform their constitutional obligation to ensure that not more than two-thirds of their members be of the […]

Kenya: Notice Outlawing Plastic Bags Issued

(Mar. 31, 2017) The Kenyan government recently announced that it will soon institute a national ban on plastic bags.  In a notice in the country’s official gazette dated February 28, 2017, the Cabinet Secretary for Environment and Natural Resources, Judi W. Wakhungu, announced a ban on “the use, manufacture and importation of all plastic bags used […]

Kenya: Anti-Money Laundering Law Amended

(Mar. 24, 2017) On March 3, 2017, the Kenyan President, Uhuru Kenyatta, signed into law the Proceeds of Crime and Anti-Money Laundering (Amendment) Bill.  During the signing ceremony, he reportedly noted that “[t]his is a major tool in our sustained efforts to fight corruption.  It means that no proceeds of theft and corruption are beyond the […]

Kenya: Government’s Attempt to Close Refugee Camps Found Unconstitutional

(Mar. 8, 2017) On February 9, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found unconstitutional the government’s decisions to close the Dadaab refugee camp without first consulting stakeholders and to forcibly repatriate Somali refugees in the camp.  Judge John M. Mativo, who handed down the decision, also found the government’s […]

Kenya: High Court Declares Penal Code Provision on Criminal Defamation Unconstitutional

(Feb. 14, 2017) On February 6, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found unconstitutional article 194 of the country’s 1930 Penal Code, which relates to criminal defamation.  (Jacqueline Okuta & another v Attorney General & 2 others [2017] eKLR, Kenya Law website.)  Two individuals, Jacqueline Okuta and […]

Kenya: Information Communication Technology Law Proposed

(July 11, 2016) On June 6, 2016, Aden Duale, the Majority Leader of the National Assembly, one house of Kenya’s bicameral legislature, introduced a draft law on information communication technology (ICT). (Information Communication Technology Practitioners Bill, 2016, KENYA GAZETTE SUPPLEMENT No. 84 (June 7, 2016), available at KENYA LAW.) The proposed law has provisions on […]

Kenya: Law on Registration of Out-of-Wedlock Children Ruled Unconstitutional

(May 27, 2016) On May 26, 2016, the Kenyan High Court found unconstitutional a provision in the Birth and Death Registration Act banning the inclusion in an out-of-wedlock child’s birth certificate of the name of the child’s putative father without his consent.  (Kids Born Out of Wedlock to Have Father’s Name in Birth Certificate – […]

Kenya: Government Requires Deletion of Video from Google’s Website

(Mar. 1, 2016) On February 23, 2016, Kenya’s Film Classification Board (KFCB) ordered Google to take a video off its website within one week, because the video depicted nudity and sexual situations between individuals of the same gender. (Stellar Murumba, Kenyan Film Board Gives Google One Week to Pull Down Gay Song Video, BUSINESS DAILY […]

Kenya: Many Prospecting and Mining Licenses Cancelled; New Mining Law Considered

(May 22, 2015) Kenya’s Ministry of Mining has cancelled 65 licenses for prospecting and mining; some of the revoked permits were held by individuals and others by companies. The moves have raised concern that investors will lose confidence in the viability of the industry in Kenya, and some have threatened lawsuits over the issues of […]