A Report into ‘How’ and ‘Where’ the Cause of Justice was Defeated in the Referendum Draft Constitution of 2005 (Kenya)


Author: Shermit Lamba

Source of Publication: Mazingira Institute, Nairobi, Kenya. 2005.

Type of Publication: Report

Six key issues touching on the administration of justice that have been compromised in the draft constitution are examined, namely the powers of the Director of Public Prosecutions, the Right to Housing, the rights of the poor and under-privileged to start legal proceedings, membership of women and civil society in the Judicial Service Commission, and limitations of the powers of the Supreme Court, both structural and procedural. Some of these were introduced in the “Bomas Draft” and some by the Attorney General in the “Referendum Draft”.

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