Yash Ghai and Jill Cottrell Ghai


Kenyans evicted from their homes to make way for new developments routinely have their social and economic rights violated. But these rights are enforceable under the country’s new constitution, which gives people easier access to the courts than ever before. Justice Musinga’s judgement on the Muthurwa case sets ‘the right approach to, and standards of, constitutional interpretation’, write Yash Pal Ghai and Jill Cottrell Ghai.

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Provisional results of the referendum in Kenya indicates a landslide victory for the new constitution - at last a home grown one. Yash Ghai and Jill Cottrell Ghai discuss the challenges of implementation and the importance of Kenya’s people ‘proclaiming their sovereignty’ through a constitution ‘made by the people, for the people’.