Publikationen

The Separation of Powers in African Constitutionalism

This book examines one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the book examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the various constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

The Platform

April 2022 Edition

This edition provides extensive analyses of the judgement delivered on 31st March 2022 by the Supreme Court of Kenya in Supreme Court Petition No. 12 of 2021 (The Attorney General & 2 Others v David Ndii & 79 Others otherwise known as the BBI case). It also reports on a project undertaken jointly by KAS' Rule of Law Program for Anglophone Sub Saharan Africa and the International Residual Mechanism for Criminal Tribunals on the prosecution of conflict-related sexual violence cases.

BEACONS OF JUDICIARY TRANSFORMATION

This book contains over 60 speeches, seven judicial opinions, and three academic articles of Chief Justice Willy Mutunga written during his tenure as Chief Justice and President of the Supreme Court of Kenya from 2011 to 2016. Edited by Prof. Sylvia Kangara, Duncan Okello and Kwamchetsi Makokha, the book is a tour de force of Chief Justice Willy Mutunga’s remarkable career as the first Chief Justice under the 2010 Constitution and his efforts to transform the Judiciary, but also his role as an unrivalled leader of civil society movements in Kenya, thinker, academic, reformist and much more. The speeches, judicial opinions and academic articles are divided along the themes that resonate across Chief Justice Mutunga’s career: People, Participation and the Law; Gender Justice; the Legal Profession; Dialogue with Judges, Magistrates, Kadhis and Staff; Judicial Accountability; Jurisprudence; Elections; Expanding the Footprint of Justice; Inter-Governmental Relations; the Elite and the Academy; Nationhood; Youth Culture and the Arts; International Judicial Diplomacy; and of course Beacons for the Future. It is those Beacons for the future from which the title of this book is derived. This book therefore reflects Chief Justice Willy Mutunga’s commitment to what he calls the beacons of the 2010 Constitution. His own tenure as Chief Justice exemplified those beacons of alternative political leadership including incorruptibility, integrity, equitable distribution of resources among all people in the county, particularly minorities, and promotion of the sovereignty of the people through deep and committed public participation. Anyone who wants to understand why Kenya’s 2010 Constitution was so overwhelmingly ratified by the people of Kenya, how to interpret and understand it as well as what it means across a whole range of domains will find this book absolutely indispensable.

KAS African Law Study Library

Volume 4 of 2021

KAS African Law Study Library is a journal which publishes articles written by young scholars from the African continent. The journal deals with practical aspects important for the development of the Rule of Law in an African context. The articles are the result of seminars and conferences organized by the Konrad-Adenauer-Stiftung’s Rule of Law Program for Sub-Saharan Africa in collaboration with Prof. Dr. Hartmut Hamann and African partner universities. KAS African Law Study Library thus creates a discussion forum for all lawyers interested in Africa and the diverse facets of Rule of Law in interaction with different historical, cultural, economic and political backgrounds. The journal addresses readers from all continents. Starting from Africa, it also wants to give thought-provoking impulse outside of Africa. KAS African Law Study Library is published quarterly and welcomes contributions in English and French. KAS African Law Study Library is available open access at www.nomos-elibrary.de See: https://www.nomos-elibrary.de/10.5771/2363-6262-2021-4/kas-african-law-study-library-volume-8-2021-issue-4

KAS African Law Study Library

KAS African Law Study Library volume 3 of 2021

KAS African Law Study Library is a journal which publishes articles written by young scholars from the African continent. The journal deals with practical aspects important for the development of the Rule of Law in an African context. The articles are the result of seminars and conferences organized by the Konrad-Adenauer-Stiftung’s Rule of Law Program for Sub-Saharan Africa in collaboration with Prof. Dr. Hartmut Hamann and African partner universities. KAS African Law Study Library thus creates a discussion forum for all lawyers interested in Africa and the diverse facets of Rule of Law in interaction with different historical, cultural, economic and political backgrounds. The journal addresses readers from all continents. Starting from Africa, it also wants to give thought-provoking impulse outside of Africa. KAS African Law Study Library is published quarterly and welcomes contributions in English and French. KAS African Law Study Library is available open access at www.nomos-elibrary.de See: https://www.nomos-elibrary.de/10.5771/2363-6262-2021-3/kas-african-law-study-library-volume-8-2021-issue-3

Essay and Art Contest on Corruption

The inaugural Essay and Art Competition whose outstanding submissions form the basis of this publication intended to explore the level of understanding of corruption among Kenyan children, while granting them an opportunity to suggest possible ways to combating it from family, community and ultimately national level. Five thematic areas namely, education, economy, environment, health and security were identified as the main areas of focus for this nationwide contest. The competition attracted approximately two thousand pupils and students aged between 10 and 18 years from all parts of the country including children from the marginalised communities and children living with disabilities.

Promoting human rights and constitutional literacy in Africa

Kenyan Bill of Rights English Version

Raising awareness among the citizens is not only one of the most effective ways of enhancing accountability and participation in governance affairs, but also, the best defence against gross human rights violations. A knowledgeable and empowered citizen is better placed to demand, question and seek appropriate remedies against rogue regimes and authorities and against any perpetrators. This simple-easy-reference booklet (for non-lawyers) summarises the Kenyan Bill of Rights in English.

Promoting human rights and constitutional literacy in Africa

A Guide to the Malawian Bill of Rights

Raising awareness among the citizens is not only one of the most effective ways of enhancing accountability and participation in governance affairs, but also, the best defence against gross human rights violations. A knowledgeable and empowered citizen is better placed to demand, question and seek appropriate remedies against rogue regimes and authorities and against any perpetrators. This simple-easy-reference booklet (for non-lawyers) summarises the Malawian Bill of Rights in English.

Promoting human rights and constitutional literacy in Africa

Mtolo wa Ufulu wachibadwidwe kuMalawi

Raising awareness among the citizens is not only one of the most effective ways of enhancing accountability and participation in governance affairs, but also, the best defence against gross human rights violations. A knowledgeable and empowered citizen is better placed to demand, question and seek appropriate remedies against rogue regimes and authorities and against any perpetrators. This simple-easy-reference booklet (for non-lawyers) summarises the Malawian Bill of Rights in Chichewa.

Promoting human rights and constitutional literacy in Africa

A Guide to the Zambian Bill of Rights

Raising awareness among the citizens is not only one of the most effective ways of enhancing accountability and participation in governance affairs, but also, the best defence against gross human rights violations. A knowledgeable and empowered citizen is better placed to demand, question and seek appropriate remedies against rogue regimes and authorities and against any perpetrators. This simple-easy-reference booklet (for non-lawyers) summarises the Zambian Bill of Rights in English.