Welcome To Docket Diaries 

It is no secret that Kenya’s fiscal position has been precarious to say the least. A huge debt burden, falling disposable income and a non-expanding tax base have added to the existing economic situation. The International Monetary Fund (IMF) has been around for years, with it playing a huge part in the drafting and implementation of various economic policies, such as those of Kenya. Consequently, Structural Adjustment Programs have become a staple of their economic planning toolkit with social programs almost always being the first things to be hit.

With over fifty years of independence, with five regimes taking control of our nation, Kenya, how can we define development? This article focuses on the discussions around development, its meaning, the confusion in attempts by various scholars to define development and some of the ways in which development can be achieved, the basis of which we can define it as well as the issues hindering development.

.....Tyrants fall. Art endures. It is time for citizens of East Africa to confront this grim reality. We are not just neighbours bound by treaties and roads; we are becoming a community of violation—a triad of regimes reading from the same dark script. If this script is not torn apart and rewritten by the people, then soon, silence will be our only common language............ 

The promulgation of the New Constitution of Kenya on 27th August 2010 ushered Kenya into the expansion of the human rights space, more so with its transformative Chapter 4 on the Bill of Rights. Informed by a grim history of repression, detention without trial and enforced disappearances on the basis of not conforming with the ideals of the ruling elite, such breathing room for divergent voices was a necessary welcome. However, 15 years down the line, it is becoming increasingly clear that the current ruling class are more than willing to claw back on such constitutional and human rights gains. This article serves as a commentary on the recent purported ‘warnings’ by the nation’s top security chiefs, as well as an overview of the legal framework on the right to freedom of expression and its limitations.

.........he stated that Kenya’s GDP has grown by 5.4% in the past six month, which made Kenya the 29th fastest growing economy in the world. This was against the backdrop of extreme economic hardships exacerbated by the enactment of the Finance Act 2023 which had introduced a new set taxes and levies to add to the already burdened mwananchi. Such assertions are in most cases not easy to rebut, as the adage goes, numbers don’t lie. But Africans have for the longest time been misled by such statistics since they do not take into account the eccentric nature of the African economies. 

The county I’m talking about is in deep crisis as  multiple reports flood of lack of water, power outage so severe that children -and women were spotted while trekking   kilometers under the scorching sun only for them to get a jerry can of mucky relief. The Mandera town is equally affected with residents flocking to the borderlines of Somalia -and Ethiopia in order to get ice cubes for hefty prices . 

Stories shape us, but in the digital age, who shapes the stories? Technology has transformed how we create, share, and connect, blurring the lines between innovation and control. While AI and online platforms amplify voices, they also raise tough questions;who owns our narratives, and where do legal boundaries lie? Through Kenyan case law and philosophical insights, I explores the tension between creativity, technology, and regulation. As we navigate this evolving space, one question remains, Are we the storytellers, or are we being written into a script we don’t control?

This paper develops the theory of Extra-Constitutional Non-Existence in democratic republics, arguing that once sovereignty is institutionalized through a constitution, no legitimate political action can exist outside it. Drawing from social contract theory (Hobbes, Locke, Rousseau), Madisonian republicanism, and Kenya’s constitutional jurisprudence—as well as the constitutional theories of Carl Schmitt, Emmanuel Joseph Sieyès, and Hans Kelsen—the paper contends that the people’s sovereign authority is fully realized through constitutionalism. It refutes the notion that the people retain a latent, recoverable sovereignty outside constitutional structures, demonstrating instead that extra-constitutional action destabilizes political equilibrium and undermines the rule of law. The study concludes by advocating for the self-corrective capacity of the Constitution of Kenya, 2010, as the sole legitimate framework for democratic renewal.

The black pill philosophy (a term herewith used loosely), which has gained traction in the digital age, among communities feeling disenfranchised in romantic and social spheres, echoes historical movements, particularly the 19th-century physiognomy movement. This school of thought posited that one's inner character and destiny could be deduced from physical appearance, a deterministic position much like that of the black pill which  suggests an immutable fate based on traits like genetics and social status. This article embarks on a philosophical investigation to draw parallels between these two seemingly disparate ideologies, contextualizing their philosophies within the broader framework of human understanding and belief systems. We will explore how thinkers like Fichte and Nietzsche addressed the deterministic nature of physiognomy, and assess how these thoughts might apply or differ when addressing the black pill. Furthermore, this piece will delve into current debates surrounding the black pill, examining arguments from both advocates and detractors, to evaluate its potential cultural and political impact in shaping future societal norms and policies.

The enactment of the Data Protection Act of Kenya in 2019 marked a pivotal moment in the nation's legal and technological landscape which subsequently is enshrined under Article 31 of the Constitution of Kenya. Five years on, while significant strides have been made in establishing a framework for data protection and governance, a complex interplay of challenges and opportunities has emerged. This essay delves into these complexities, examining the key developments, persistent hurdles, and potential avenues for improvement in Kenya's data protection regime.

There has been a wave of massive civic education and a better understanding of pivotal moments in our history as a republic due to the ongoing “GENZ REVOLUTION”. This “organic revolution” by the youth has brought forth drastic improvements in governance as they are constantly breathing fire down the necks of corrupt politicians. Something that until recently, has rarely been witnessed in Kenya’s young history as an independent nation.

However, in the wake of these improvements, the history of electoral violence in our country is extremely understated. Most individuals in our nation except for Boomers and early GEN X, are not aware of this existing issue that has afflicted our great republic since the early 90s and which for the most part, has been sanctioned by the state. My article seeks to stress just how much electoral violence diminishes our attempts at unity as a nation, and how ignoring it further will exacerbate our current situation.