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• Introduction
• Interpretation of Kenya's 2010 Constitution
• Multiple and competing conceptions of equality
• Grounds for non-discrimination
• Conceptualisation and application of affirmative action
• Competing equalities : religion, culture and gender equality
• The interrelationship between socio-economic rights and status-based equality
• Interrelationship between socio-economic rights and status-based equality in current Kenyan jurisprudence
• Conclusion: Finding harmony

This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya. Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts. The book focuses on important issues such as: - transformative constitutionalism in relation to the interpretation of Kenya's 2010 Constitution; - expanding the list of enumerated grounds for non-discrimination; - affirmative action; - accommodating religious and cultural diversity versus gender equality; - the interrelation between socio-economic rights and status-based equality.
(source: Nielsen Book Data)

• Introduction: The rights of the child, women and sentencing : the case of Kenya
• Exploring the United Nations Convention on the Rights of the Child from the lens of the children of incarceratd mothers
• Literature review on the rights of the child, mothers, and sentencing
• Evolution of women imprisonment in Kenya and the effects of the incarceration on their dependent children
• Exploring the Kenyan sentencing guidelines from the lens of the children of incarcerated mothers
• Recommendations : the rights of the child, women, and sentencing
• Conclusion: The rights of the child, women, and sentencing

This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author's experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children's rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child's existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court's discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children's issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child's rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children's rights law and criminal law.
(source: Nielsen Book Data)

• Foreword by Dr Willy Mutunga Introduction: What We Talk About When We Talk About Land Land Reform in Kenya: The History of an Idea Making Mischief: Land in Modern Kenya Land and Constitutional Change The New Institutional Framework for Land Governance Land Governance Before the Supreme Court Rethinking Historical Land Injustices Taking Justice Seriously.
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Why, despite the introduction of new land laws beginning in 2012, has there been an increase in land grabbing in Kenya? Why has legislation failed to address long standing grievances about grossly unequal land distribution? This important book suggests that questions of justice should be central to discussions of African land reform. Constitutional reformers in Kenya promised transformative changes in land relations. However, the reality has disappointed. Land law reforms since 2010 have been more concerned with the administration of land and with bureaucratic power than with the real consequences of unequal access to land for ordinary Kenyans. Manji documents this thwarted struggle and surveys the prospects for genuine change. Published in association with the British Institute in Eastern Africa. Ambreena Manji is Professor of Land Law and Development at the School of Law and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006).
(source: Nielsen Book Data)

• List of maps, photos and cartoons
• Foreword by Desmond Tutu
• Acknowledgements
• Timeline
• Introduction
• 1. The end game
• 2. The most expansive mandate
• 3. The elephant in the room
• 4. I am Kenyan: voices of the Wanachi
• 5. The elephant returns
• 6. Ships passing in the night: the ICC, the Kenyan government, and the TJRC
• Index.
• (source: Nielsen Book Data)

Between 1963 and 2008 Kenya experienced systematic atrocities, economic crimes, ethnic violence, and the illegal taking of land. To come to terms with these historical injustices and gross violations of human rights, the Kenyan Truth, Justice and Reconciliation Commission (TJRC) was established. From the perspective of an insider and academic expert, The Kenyan TJRC: An Outsider's View from the Inside reveals for the first time the debates and decisions made within the Commission, including how the Kenyan Commission became the first such commission to recommend that its Chair be prosecuted for gross violations of human rights. This book is one of the few insider accounts of a truth commission, and one of the few that reflects on the limitations and opportunities of such a commission. The Kenyan TJRC provides lessons and recommendations to those interested in addressing historical injustices through a truth commission process. The full copy of the Final Report of the Kenyan TJRC, along with other supporting documents, can be found at the following site: https://digitalcommons.law.seattleu.edu/tjrc/.
(source: Nielsen Book Data)

• Introduction
• The end game
• The most expansive mandate
• The elephant in the room
• I am Kenyan : voices of the Wanachi
• The elephant returns
• Ships passing in the night : the ICC, the Kenyan government, and the TJRC.

Between 1963 and 2008 Kenya experienced systematic atrocities, economic crimes, ethnic violence, and the illegal taking of land. To come to terms with these historical injustices and gross violations of human rights, the Kenyan Truth, Justice and Reconciliation Commission (TJRC) was established. From the perspective of an insider and academic expert, The Kenyan TJRC: An Outsider's View from the Inside reveals for the first time the debates and decisions made within the Commission, including how the Kenyan Commission became the first such commission to recommend that its Chair be prosecuted for gross violations of human rights. This book is one of the few insider accounts of a truth commission, and one of the few that reflects on the limitations and opportunities of such a commission. The Kenyan TJRC provides lessons and recommendations to those interested in addressing historical injustices through a truth commission process. The full copy of the Final Report of the Kenyan TJRC, along with other supporting documents, can be found at the following site: https://digitalcommons.law.seattleu.edu/tjrc/.
(source: Nielsen Book Data)

• CONTENTS Acknowledgements Abstract ã
• Chapter 1: Setting Out the Problem And Scope Of The Study
• Chapter 2: Introduction to The Mobile Payments System In Kenya: Background And Historical Context
• Chapter 3: Financial Stability and Integrity After Financial Inclusion Through Mobile Payments
• Chapter 4: The Legal and Regulatory Challenges in The Current Regulatory Framework
• Chapter 5: Themes Around the Appropriate Regulatory Framework For Mobile Payments Systems
• Chapter 6: Conclusion Bibliography Index.
• (source: Nielsen Book Data)

Over the last ten years mobile payment systems have revolutionised banking in some countries in Africa. In Kenya the introduction of M-Pesa, a new financial services model, has transformed the banking and financial services industry. Giving the unbanked majority access to the financial services market it has attracted over 18 million subscribers which is remarkable given that fewer than 4 million people in Kenya have bank accounts. This book addresses the legal and regulatory issues arising out of the introduction of M-Pesa in Kenya and its drive towards financial inclusion. It considers the interaction between regulation and technological innovation with a particular focus on the regulatory tools, institutional arrangements and government decisional processes through the examination as a whole of its regulatory capacity. This is done with a view to understanding the regulatory capacity of Kenya in addressing the vulnerabilities presented by technological innovation in the financial industry for consumers after financial inclusion. It also examines the way that mobile payments have been regulated by criticising the piecemeal approach that the Central Bank of Kenya has taken in addressing the legal and regulatory issues presented by mobile payments. The book argues there are significant gaps in the regulatory regime of mobile banking in Kenya.
(source: Nielsen Book Data)

• Introduction: Being detained
• Negative dialectics
• The concept of law
• Death in the dominion of freedom
• A peace formidable to any eye
• Talking drums, talking back
• Facing the contradiction
• Conclusion: Law's rule.

It is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon - or rather in, and through - its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno's dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of "Liberia", from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to "establish a state based on the rule of law". In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.
(source: Nielsen Book Data)

• Preface
• The Constitution and constitutional theory
• Kenya's constitutional foundation
• The road to the Independence Constitution
• Post-independence constitutional amendments and reversal of constitutional gains
• Towards democratic constitutional reforms in Kenya
• The Constitution of Kenya review process and the challenges of constitution making in peacetime
• Cataclysm of constitutional change and completion of the Constitution of Kenya review process
• The challenges of constitutional cosolidation in Kenya
• The consolidation of the Constitution of Kenya and future challenges.

Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.
(source: Nielsen Book Data)