Equality in Kenya's 2010 Constitution

Understanding the Competing and Interrelated Conceptions

Victoria Miyandazi

• Publisher: Hart Publishing
• Year: 2021
• ISBN:
  9781509941209
• Edition: 1
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

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.

Table of contents

• Cover
• Dedication
• Title Page
• Acknowledgements
• Contents
• Table of Cases
• Table of Statutes
• Table of Regional and International Instruments
• 1. Introduction
• 2. Interpretation of Kenya’s 2010 Constitution
• 3. Multiple and Competing Conceptions of Equality
• 4. Grounds for Non-discrimination
• 5. Conceptualisation and Application of Affirmative Action
• 6. Competing Equalities: Religion, Culture and Gender Equality
• 7. The Interrelationship between Socio-economic Rights and Status-based Equality
• 8. Interrelationship between Socio-economic Rights and Status-based Equality in Current Kenyan Jurisprudence
• Conclusion: Finding Harmony
• Bibliography
• Index
• Copyright Page