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Constitutional Law Revision

Week 1: General Principles of Constitutional Law
1. Identify different types of Constitutions. How can you describe Kenya‘s Constitution in
terms of these typologies?
a. Codified v Uncodified. Parliamentary v Presidential. Rigid v Flexible. Unitary v
Federal. Republican v Monarchial. & Autochthonous
b. Kenya‘s Constitution is a codified, presidential, rigid, republican, quasi federal,
and autochthonous constitution.
2. Identify and discuss the essential principles of constitutio nal law
a. Sovereignty of the People
i. 3 elements
1. Power to constitute a frame of government
2. Power to choose those who run the government
3. Powers involved in governing
ii. Njoya case
iii. Article 1
iv. Preamble
b. Separation of Powers
i. Montesquieu
1. His concept further elaborates that no organ is above the other and
each should carry out its functions without interfering with functions of
another.
ii. John Locke
iii. Upholds 3 things
1. Separation of personnel
2. Separation of functions
3. Organs should not interfere with another but there should be clear
checks and balances
iv. Gachiengo
v. Washington Midiwo v Minister for Internal Security
c. Constitutional Supremacy
i. Hans Kelsen
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1. Basic norm
ii. Judicature Act
1. Implied
iii. Article 2
iv. Njoya case
v. Marbury v Madison
vi. Okiya Omtata Okoiti v. AG
d. Independence of the Judiciary
i. Montesquieu – Spirit of the Laws
ii. Elements
1. Mode of appointment
2. Decisional and Institutional Independence
3. Security of tenure
4. Financial security and independence
iii. Article 160
iv. Nancy Baraza
v. Gachiengo
e. Parliamentary Supremacy
i. Article 93
ii. A.V Dicey
1. A. V. Dicey paints a definitive picture of Parliamentary Supremacy. He
describes it as when Parliament has the right to make and unmake any
law whatever; and, further, that no person or body is recognized by the
law as having a right to override or set aside the legislation of
Parliament1.
iii. Okiya Omtata
f. Accountability of Government
i. Vertical accountability
1. Government to the nation
ii. Horizontal accountability
1. Governmental arms to each other
iii. Article 10

1
(Lumumba and Franceschi)
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iv. 2 stages
1. Answerability
2. Enforcement
g. Constitutionalis m
i. John Locke
ii. Entails the following
1. Government limited in power
2. Government‘s validity stemming from its operation within those
limits
3. Genuinely accountable government
4. Guarantee of basic civil liberties
5. Free, fair and frequent elections
6. Independent Judiciary to protect rights, enforce the law and the
constitution.
7. Government that does not operate in ‗rex‘ but in ‗regina‘
iii. Njoya
h. Rule of Law
i. A.V Dicey
ii. Principles include
1. Laws should be open & clear
2. They should be relatively stable
a. to allow people to predict their actions in accordance with
the law
3. There should be an outlined procedure in law making
4. There should be independence of the Judiciary
5. Natural Justice should be upheld
6. There should be judicial review
7. Courts should be accessible
iii. The right to life, liberty, and property can only be limited or taken away
through the law
iv. Those in power are not above the law and are limited by it
v. Article 10
vi. Preamble
vii. Njoya case
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3. What is the nexus between the principles of the rule of law and constitutionalism
a. In the rule of law, all persons including those in authority are limited by and
subjected to the law
4. From your understanding of the general principles of constitutional law, identify some of
the provisions of Kenya‘s Constitution that embody these principles.
a. Aricles
i. 1
ii. 2
iii. 10
iv. 93
v. 129
vi. 159
vii. 160
viii. 249

Reflection: Kenya is a pluralistic society. The people of Kenya are from diverse cultural, ethnic
and religious backgrounds. There are over 60 languages spoken in the country, with English
and Kiswahili being the official and national languages. Except for English and Kiswahili that
the Constitution has prescribed, there is no unity of language, ethnicity, culture or faith in
Kenya‘s society. So what keeps this society together? Do you think the Constitution is the
most important uniting factor for the Kenyan society? (Recall discussion of the Constitution as a
political charter)

Week 2: Organization of Government Introduction

1. What are the points of interaction between national and county governments?
a. Allocation of funds from the national government to the county government
b. Legislation
i. Parliament can legislate generally including legislation regarding county
functions
c. Policy
i. Policy level
1. Issued by the national government
ii. Operational level
1. Coordinated by the county government
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d. Checks
i. President may dissolve county government
ii. Impeachment of the governor requires the Senate‘s approval
e. Summit
i. Consists of President and all 47 governors
ii. Headed by the President
1. Or Deputy President in the President‘s absence
2. How are the two levels of government supposed to relate? (art 6). Has that always been
the case?
3. Article 249 (2)(a)(b) provides for the independence of constitutional commissions and
independent offices. They are not subject to control or direction of any person or
authority. Does that make them a fourth arm of government in some way? In light of their
independence, how can they be held accountable?
4. What is the rationale behind the creation of these commissions and independent offices
5. What role do these commissions and offices play in governance?
a. They ensure the independence of governmental arms and place checks and
balances to account for the legality and efficiency of their work
6. Does Kenya need these commissions?
a. Yes.
7. To whom are commissions and independent offices accountable?
a. Different arms of government
b. The people

Week 3: Legislature

1. What is the role of Parliament

a. Representation
i. National Assembly represents the constituencies
ii. Senate represents the counties and the county governments
b. Legislation
i. National Assembly legislates generally on all matters listed in schedule
4 among others
ii. Senate legislates on matters pertaining to county government
c. Oversight
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i. The National Assembly has powers of removal of state organs

including the President, his deputy, among others
2. Do we need two chambers of Parliament? What is distinct about the role and status of
each?
3. Article 94(5) vests in Parliament the law-making power. Is Parliament
sovereign/supreme in its law making power? In other words, does Parliament have a
free hand to legislate as it wishes? Explain your answer. Consider also Articles 2 (4),
24 and 25 of the Constitution.
4. Describe the powers of Parliament relating to checking the other arms of government
5. The Constitution does not designate any chamber of Parliament as the Upper House.
Which chamber, in your view, enjoys a superior position? Justify and illustrate your
position.
a. The National Assembly enjoys a superior position because of the following:
i. National Assembly has greater legislative power
1. National Assembly may legislate on its own, but Bills of the
Senate require consideration in the National Assembly
ii. National Assembly has power to amend or veto a special county Bill if
2/3 majority approve the motion
iii. National Assembly is involved in the removal of state organs other
than the President and Deputy President
iv. National Assembly must approve a declaration of a state of emergency
v. Speaker of the National Assembly chairs the joint meetings of both
chambers
vi. Speaker of the National Assembly is 3rd in line to the President
vii. Key appointments of certain state organs require the approval of the
National Assembly

Debate: Is Parliament Supreme in Kenya? Compare Parliamentary sovereignty under the

Constitutions of Kenya and the United Kingdom

Week 4: Executive
1. What provisions do you see that will ensure that the Executive is accountable?
a. National Executive
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i. The president is held accountable to the parliament, most especially to the

senate who determines and investigate his removal from office.
ii. The Deputy president is held accountable by the senate and his procedure
of removal from office is the same as the president.
iii. The Cabinet secretaries are held accountable individually and collectively
to both the president and the parliament.
1. The National assembly has the power to approve the cabinet
secretaries, and to initiate their dismissal.
2. They can be summoned by either the National assembly committee
or the senate to provide full regular reports concerning matters
under their control.
iv. The AG's dismissal is at the whim of the president, so it impliedly suggests
that he is accountable directly to the president.
1. The constitution is silent as regards the procedure of removal from
office of the AG
b. County executive
i. The Governor is accountable to the County Assembly...the county
assembly initiate his impeachment.
ii. The deputy governor is also accountable to the county assembly
iii. County executive committee appointed by the governor are individually
and collectively accountable to the governor,
iv. The committee members are also accountable to the county assembly by
way of providing regularly full reports on matters concerning the county
under their control.
2. How is the Executive arm of government a check on the Legislature?
a. Assent of laws
3. Does the AG enjoy security of tenure? How about the DPP? How can you justify the
difference?

Reflection: What advantages and challenges do a cabinet that does not draw its membership
from Parliament present?

Week 5: Judiciary
1. What is the principle of independence of the judiciary?
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2. From whom, what and why should the judiciary be independent?

3. Why is an independent judiciary necessary in a constitutional democracy such as
Kenya?
4. What provisions in the Constitution ensure that the Judiciary is independent?
5. In light of independence of the Judiciary, what mechanisms exist to ensure that the
Judiciary is accountable?
6. What is countermajoritarian difficulty?
7. How can contermajoritarianism be justified?

Week 6: Devolution
Question II
The county governments consist of the County Executive and the County Assembly.
The County Assembly consists of elected members of each ward (which shall constitute a
single member constituency), a number of special seat members to cater for the two thirds
gender rule, a number of marginalized groups as prescribed by an Act of Parliament, and a
Speaker who shall be an ex officio member. The special seats and marginalized group
members shall be nominated by the political parties in proportion to the seats obtained in
that county.

The County Executive Committee consists of the County Governor and Deputy County
Governor as well as members to be appointed by the Governor. The members are not to
exceed 1/3 of the County Assembly members if they are less than 30 members or not more
than 10 members if there are 30 or more members in the (CA).
Question VI

Under the independence Constitution, the majimbo system consisted of the national
government and 7 regions which were further divided into local authorities. Each region had
a regional assembly and a regional President elected from amongst its members. The
executive power of the regions was vested in the Finance and Establishments Committee.
The local government system was composed of Local Authority Councils.

Question VIII

National Legislation will prevail over county legislation if certain criteria, which may be
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found in Article 191 of the Constitution, are met.

National Parliament has general legislative power.
The County Assembly must legislate within the confines of the functions of County
Assembly under Schedule 4 part 2
Article 191

Question IX

The Senate are the protectors of the devolved system of government and represent the
system at a national level.
Speaker of the Senate & another v Hon. Attorney-General & another & 3 others [2013]
eKLR

Question II

The devolved system of government brings governmental power closer to the governed. It
also reduces the centralization of power into the National government, and thus possibly
reducing corruption. It makes the state more responsive to regional and local needs.
Question IV
1. To promote democratic and accountable exercise of power;
o By bringing the governing closer to the people, the county government is
more accountable to their county than a centralized government is to a
county. The people elect their leaders in the county government.
o There is also public participation in the governance.
o Making the county government accountable to the people. The governor
owes his job to the people and is thus accountable to them.
 This is opposed to being accountable to the President as in the
previous Constitution.
2. To foster national unity by recognizing diversity;
o The members of the County Government are to be diverse. This is
provided for through affirmative action measures. Thus, they stand for
the views of the different people, through representation.
o Representation, equity, participation, recognition, and affirmative
government.
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3. To give powers of self-governance to the people and enhance the participation of the
people in the exercise of the powers of the State and in making decisions affecting
them;
o Also by allowing the people to reach participation of governing through
elections, as opposed to the President choosing who does what.
o By being a means through which these things can be achieved.
 People may demonstrate and participate among others
4. To recognize the right of communities to manage their own affairs and to further their
development;
o The county government and those in the county know the issues of its
citizens better than the centralized government would. Thus, the people in
the counties can better manage themselves.
5. To protect and promote the interests and rights of minorities and marginalized
communities;
o Through certain membership rules, such as affirmative action, the
government will consists of these groups and thus each shall be
represented.
6. To promote social and economic development and the provision of proximate, easily
accessible services throughout Kenya;
o Economic development assured through devolution because resources are
assured by law
 Before was dependent on power
o Competition of the counties
7. To ensure equitable sharing of national and local resources throughout Kenya;
o There are laws assuring the counties get resources
o Commission of Revenue Allocation
8. To facilitate the decentralization of State organs, their functions and services, from the
capital of Kenya;
o Decentralization of services
o Schedule 4 of the Constitution distributes power and gives the counties it‘s
functions, including certain services
o Allowing the citizens to receive services closer to home
 Thus people would not have to travel all the way to Nairobi just to
receive documents
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9. To enhance checks and balances and the separation of powers.

o The principle of consultative and cooperative government in Article 6 of the
constitution.
o Separating the county government into different arms
o The County Assembly checks on the County Executive
1. Discuss the provisions of art 191 on conflict of laws between the county laws and
national laws.
a. County Assemblies legislate on matters pertaining to Part 2 of schedule 4 in the
Constitution
b. The Parliament (S & N.A) has general legislative power and may legislate on all
matters in Schedule 4
2. Discuss the role of the Senate as far as the devolution is concerned.
a. Protectors
3. Consider the provisions of article 186 of the Constitution. Compare these provisions with
Amendment X of the Constitution of the United States. What do you make of the systems
of government created under these provisions?
a.
4. Many Kenyans believe that devolution will accelerate economic development, ensure
equitable distribution of national resources and enhance national unity. How, do you
think, devolution will achieve this?
a. By ensuring equitable distribution of resources
5. Can you think of possibly negative effects of the devolved system of government?
a. Expensive
b.
6. Identify and describe various points of interaction between county governments and the
national government.
c. Allocation of funds from the national government to the county government
d. Legislation
i. Parliament can legislate generally including legislation regarding county
functions
e. Policy
i. Policy level
1. Issued by the national government
ii. Operational level
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1. Coordinated by the county government

f. Checks
i. President may dissolve county government
ii. Impeachment of the governor requires the Senate‘s approval
g. Summit
i. Consists of President and all 47 governors
ii. Headed by the President
1. Or Deputy President in the President‘s absence
7. Discuss the principle of consultative and cooperative government as embodied under
articles 6(2), 189, 190 and 191.

Reflection: Consider the creation of County Development Boards by County Governments

(Amendment) Act, 2014, to be chaired by Senators. Comment on the appropriateness or
otherwise of this arrangement in light of articles 6(2), 189, 190 and 191.
Devolution is about decentralization of power, resources and

Week 7: Constitutional Interpretation

1. Why Constitutional Interpretation is necessary
 It is necessary for upholding the values, principles, authority, & supremacy of the
Constitution.
 Because of the ambiguous & open-textured nature of language.
 Political context – legal terms must be given practical meaning to uphold their values
and principles
 Abstract terms used in law need meaning
 Consistency of the law
 Development of the law
 Changing times, context and circumstance
o Law is an enterprise argument (Ronald Dworkin)
o Law is interpretation (Ronald Dworkin)
2. What does the Court of Appeal of Tanzania say in Ndyanabo v Attorney General
concerning the Constitution and its interpretation? Do you agree?
3. What principles of constitutional interpretation does the High Court affirm in The
Commission for the Implementation of the Constitution v Attorney General & another
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[2013] eKLR and Nancy Makokha Baraza v Judicial Service Commission & 9 others
[2012] eKLR
a. L
4. What approach should a court take when adjudicating individual fundamental rights and
freedoms?- see articles 19 and 20
a. L
5. What principles of constitutional interpretation does the High Court affirm in the
case of Nancy Makokha Baraza v Judicial Service Commission & 9 others [2012]
eKLR?
Principles prescribed by the constitution.
 Liberal
o So as to achieve the purpose for which the provision was intended
 dynamic, progressive, harmoniously, authoritatively, supremely, purposively,
effectively
 Ancillary and subsidiary powers
 Legitimate expectation
 Overrule of stare decisis
 Territorial nexus
 Repugnance
 Proportionality
6. Should there be any difference in the approach to statutory and constitutional
interpretation?
Yes, as was stated in the Njoya case the Constitution is not an Act of Parliament, thus
it should not be interpreted as such. It should be construed in a liberal manner to give
effect to the values it embodies, and purpose for which it is framed. The Elmann
approach is that the Constitution may be interpreted in the same sense as statutes in
regard to the Literal Rule, where the court must abide by the law as is given to it.
7. What approach should a court take when adjudicating individual fundamental
rights and freedoms?

They should take a wide, broad, progressive, flexible, dynamic, liberal and purposive
approach to constitutional interpretation. One that most favours the enforcement of a
right or fundamental freedom. One that promotes the values that underlie in an open and
democratic society based on human dignity, equality, equity and freedom. As well as on
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that promotes the spirit, claims, and objects of the Bill of Rights.
8. Discuss Article 259 of the Constitution and the approach it requires as far as
interpretation of the Constitution is concerned.
It requires an approach that
 promotes its purposes, values and principles
 advances the rule of law, and the human rights and fundamental freedoms in
the Bill of Rights
 permits the development of the law
 contributes to good governance

Whose meaning do we assign law?

 Our own?
 The framers?
 Those who ratified? – Dworkin‘s poetry
 The drafters
 The judges
 To those it is applies to
 The best in the situation

Dworkin says it must be consistent with political morality

Must uphold certain principles (found in precedent)
Dworkin‘s theory is one of ‗one correct answer‘ to every legal question
Sheds of grey
Statutory Interpretation
 Literal Rule
 Golden Rule
 Mischief Rule
 Purposive
 Ejusdem generis rule

*Political Morality
*Hansard – Recording of parliament
Gibson Kamau Kuria v AG
Matiba v. Moi 1993
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Kibaki v Moi 1998

Ndyanabo case
Olum case

Week 8: Bill of Rights

Bill of Rights
Longest chapter: Bill of rights
Part 1 – General Provisions (art 19-25)
Part 2 – Fundamental rights and freedoms (art 26-51)
Part 3 – Specific Application of Rights (art 52-57)
Part 4 – State of emergency (art 58)
Part 5 Kenya National Human Rights & Equality Commission (art 59)
Part 4 – State of emergency (art 58)
Part 5 Kenya National Human Rights & Equality Commission (art 59)

Principles Discussed
Communitarianism
Utilitarianism
Inherent nature of human rights
Cultural relativity
Universality of human rights
 Antiquity
o Vedas, Koran, Bible, Code of Hammurabi, King Cyrus Charter of rights
African cultures
 Medieval Times
o Magna Carta- 1215
o English Bill of Rights – 1689
 Early Constitutional Instruments
o US constitution Bill of Rights Amendment 1-10 (1791)
o Declaration of Rights of Duties of man 1789 - France
 International Instruments & Modern Constitutions
o UN charter 1945 – preamble and article 6
o UDHR 1948 – Universal Declaration of Human Rights
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o ICCPR 1966 – International Covenant on Civil and Political Rights

o ICESCR 1966 – International Covenant on Economic Social and Cultural
Rights
o CAT, CRC, CEDA
o CEAFRD
o ECHR, ACHR, ACHPRS – (European Charter on Human Rights)(African
Charter on Human & People‘s Rights)(African Charter on Human
o KENYA & SOUTH AFRICA CONSTITUTION

*Next week lesson

 Right to life – Article 26
 Right to equality – Article 27
o The State shall not discriminate directly or indirectly against any person on
any ground, including race, sex, pregnancy, marital status, health status, ethnic
or social origin, colour, age, disability, religion, conscience, belief, culture,
dress, language or birth.
o To give full effect to the realization of the rights guaranteed under this Article,
the State shall take legislative and other measures, including affirmative action
programmes and policies designed to redress any disadvantage suffered by
individuals or groups because of past discrimination.
 Right to fair administrative action – Article 47*
o Every person has the right to administrative action that is expeditious,
efficient, lawful, reasonable and procedurally fair. (2) If a right or fundamental
freedom of a person has been or is likely to be adversely affected by
administrative action, the person has the right to be given written reasons for
the action.
 Political Rights –
o Every adult citizen has the right, without unreasonable restrictions— to be
registered as a voter;
 Protection of minorities and marginalized groups
o The State shall put in place affirmative action programmes designed to ensure
that minorities and marginalized groups— (a) participate and are represented
in governance and other spheres of life; (b) are provided special opportunities
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in educational and economic fields; (c) are provided special opportunities for
access to employment; (d) develop their cultural values, languages and
practices; and (e) have reasonable access to water, health services and
infrastructure.
 Right to property –
o The State shall not deprive a person of property of any description, or of any
interest in, or right over, property of any description, unless the deprivation—
(a) results from an acquisition of land or an interest in land or a conversion of
an interest in land, or title to land, in accordance with Chapter Five; or (b) is
for a public purpose or in the public interest and is carried out in accordance
with this Constitution and any Act of Parliament that— (i) requires prompt
payment in full, of just compensation to the person; and (ii) allows any person
who has an interest in, or right over, that property a right of access to a court
of law.
 Right to freedom of expression and media
 Socio-econ rights
o Every person has the right— (a) to the highest attainable standard of health,
which includes the right to health care services, including reproductive health
care; (b) to accessible and adequate housing, and to reasonable standards of
sanitation; (c) to be free from hunger, and to have adequate food of acceptable
quality; (d) to clean and safe water in adequate quantities; (e) to social
security; and (f) to education.
 Children
o Every child has the right to
 free and compulsory basic education; (c) to basic nutrition, shelter and
health care;

Locus standi and forum

Provisions of the constitution that give the court that jurisdiction
Remedies you are seeking or relief
Rose Wangui Mambo
 First generation rights
o From western liberal tradition
 Liberalism
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 As a political concept insists on individual liberty

o The individual is competent to determine his own
understanding of the good life and to determine his own
decisions without the State
o The duty of the state is to guarantee life, liberty and
property
o May be seen as a claim against the State
o Civil and Political Rights
 Governance
 Autonomy of the person and individual
o Negative in nature
 What the state cannot do to the citizen
 Second Generation Rights
o Economic Social and Cultural rights
 Food, sanitation, housing, health care
 Welfare rights in nature
 Positive in nature
 What the state shall do to/for the citizen
o Positive in nature

 Third Generation Rights

o Group rights
 Right to a clean environment
1. Egalitarianism – Equality of human beings
a. It also recognizes that not all humans are equal
b. Equality on the moral worth of human beings
i. We have the same worth as human beings
c. All humans should have equal opportunities
i. Irrespective of age, sex, religion

Why is the Bill of Rights important under the Kenyan Constitution?

Human Rights are those rights provided for in international instruments or a catalogue of
fundamental rights and freedoms picked out and placed in Kenya‘s domestic law through the
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Constitution in the form of a Bill of Rights. Constitutions are the most important means of
protection of rights as far as fundamental rights and freedoms are concerned.
*Identify the proper forum
Which court? 165(3)(b) – Bill of Rights and 165(3)(d) – Constitutional Interpretation
High Court
*Identify the petitioner and respondents
Burgaba Welfare Initiative & Japhet Godane Oso v. Attorney General, KAA, National
land Commission & Isiolo County Government (Schedule 4)
*Identify the locus standi of the petitioners
Article 22(1) & Article 70 & Article 258
*The provisions of law that give jurisdiction
Article (3)(b) Bill of Rights and 165(3)(d) Constitutional Interpretation
 *Identify the appropriate remedies you are seeking and to whom you are directing
them to
o In any proceedings brought under Article 22, a court may grant appropriate
relief, including a declaration of rights
 The petitioner has a right to this right or freedom
o , an injunction
 A court order requiring someone to stop something – Prohibitory
injunction
 A court order requiring someone to d something – Mandatory
injunction
o a conservatory order

o a declaration of invalidity of any law that denies, violates, infringes, or
threatens a right or fundamental freedom in the Bill of Rights and is not
justified under Article 24,
o an order for compensation,
 To order compensation for the violation of one‘s right
o an order of judicial review
 Mandamus
 Order requiring the State to do something
 Positive in nature
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 Requires a state officer to do something

 Certiorai
 Quash an offending action of the State
 Prohibition
 Requires a state officer to stop or omit from doing something
 Negative in nature
 Habeas Corpus
 Article 70 1), the court may make any order or give any directions, it considers
appropriate––to prevent, stop or discontinue any act or omission that is harmful to the
environment, to compel any public officer to take measures to prevent or discontinue
any act or omission that is harmful to the environment; or to provide compensation for
any victim of a violation of the right to a clean and healthy environment. For the
purposes of this Article, an applicant does not have to demonstrate that any person has
incurred loss or suffered injury.
 Rules of natural justice
o Audi alterem patem
 No wo(man) may be condemned unheard
o Nemo judex in causa
 Rule against bias
 No (wo)man may be a judge in his own cause

*Identify the law that provides gives you the authority to seek these remedies
Article 23(3)

*Make arguments in support of your case and possible arguments that the respondent might
make in response to this case

*Determination of the court

*Write a possible judgment

Human dignity is the moral worth of a human being is a right under – Article 28
*Article 10 an important part of interpreting the Constitution
 You can only take a matter to court when your matter is ripe
o You cannot take a matter that‘s speculative to court
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 Describe the various categories of rights embodied in human rights law

o Are these rights protected under Kenya‘s Constitution?
o Which of the rights guaranteed under Kenya‘s Constitution would you term as sui
generis?
 Why is the Bill of Rights important under Kenya‘s Constitution
 Article 19(3)(b) provides that the rights guaranteed under the Bill of Rights ―do not
exclude other rights and fundamental freedoms not in the Bill of Rights, but recognized or
conferred by law, except to the extent that they are inconsistent with this Chapter‖ What
do you think are the implications of this provision? Does Parliament have the right to
invent new constitutional rights? Could this include rights that are already recognized in
human rights or foreign jurisdictions but remain controversial in Kenya?
 What is the relationship between human rights law and Constitutional law as far as
fundamental rights and freedoms are concerned?
 From your reading of Satrose Ayuma and Rose Wangui Mambo decisions, to whom is
the obligation to respect rights directed?