Kenya has taken remarkable strides in championing gender equality and eradicating discrimination, with the Constitution in Article 27 explicitly prohibiting bias on the grounds of sex. However, the absence of a precise constitutional definition of gender has ignited legal and societal discourse, stirring debates on whether to embrace a more inclusive interpretation, one that acknowledges and affirms the existence of intersex persons. The lack of clear gender designation highlights the systemic challenges intersex individuals face, including difficulties in obtaining essential documents.[2] Over the years, Kenyan courts have delivered progressive judgments, such as the Baby A,[3] and the RM case which have pushed for the recognition and protection of intersex individuals.[4]
On Wednesday, March 5, 2025, the Avid Readers’ Forum hosted a significant webinar on the relationship between the International Criminal Court and Africa. The discussion was based on an article authored by Prof. Brandon Cannon, Dr. Maraga Bosire, and Mr. Dominic Pkalya, titled The International Criminal Court and Africa. The panel featured distinguished experts: Dr. Owiso Owiso, a renowned public intellectual and scholar in public international law, and Mr. Eugene Kanyugo, an advanced public international law LLM graduate from Leiden University. The session was moderated by Ruth Jebet, a finalist law student at Kabarak Law School.
Demonstrating legal acumen and advocacy excellence, Kabarak Law School showcased its prowess at the 1st Nairobi Centre for International Arbitration (NCIA) Domestic Arbitration Moot 2025. Our distinguished team—Kelvin Musyimi, Austin Onditi, Festus Bahati, and Esther Mwangangi, under the expert mentorship of Joseph Mungai—secured the 1st Runners-Up position in a fiercely contested competition. The team's exceptional legal research and writing also earned them the prestigious Best Memorial Award.
With the 2027 elections coming up, the question of gender equality is intensifying by the day. This is exemplified with the looming conversation of the scrapping of the woman representative seat.[2] Article 27(8) of the Constitution mandates that no more than two-thirds of members in elective public bodies be of the same gender.[3] Additionally, Article 81(b) requires electoral systems to comply with this principle.[4] Gender equality in this context, refers to the equitable inclusion of women as compared to men in both elective and appointive seats as envisioned in article 27(3).[5]
The Rome Statute of the International Criminal Court (2002), under Article 7(3) provides that the definition of gender in the Rome Statute shall be taken to mean; the two sexes, male and female, within the context of the society.[2] This provision has elicited many criticisms amongst experts, conservatives and liberals alike. These criticisms include the claim that the provision may cause a heteronormative interpretation of gender in international law. However, there are others who are of the school of thought that the provision cannot be considered narrow due to its acknowledgment of social norms and the presence of other safeguards in the Rome statute. In this paper, I will first provide the history of drafting of Article 7(3), and later on analyse the alleged binary nature of the same provision, and demonstrate that as much as these fears are valid, they are still quelled by the Rome Statute.
Excellence in legal advocacy and research was on full display as our students secured multiple top honors at the Wakili wa Watoto Moot Court Competition. Their remarkable performance, intellectual rigor, and mastery of legal argumentation further cement the School of Law’s standing among the best in Kenya and Africa.
