Current Policy Issues

Working papers and briefs on policy questions we are engaged in.

Each item is open for comment. Comments are reviewed before they appear. These are working documents for discussion and advocacy; nothing here is legal advice.

Dusk on a river, a boatman crossing in silhouette

Working paper The Gavel and the Green Spaces

September 2026

The Gavel and the Green Spaces

Is the judiciary equipped to adjudicate the science of development control? Residents' associations in Westlands, Kilimani and Kileleshwa have lost most of their environmental litigation against Nairobi City County and NEMA — not for weak facts, this paper argues, but because the courts keep…

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Working paper Best Evidence and the Winnable Issue

September 2026

Best Evidence and the Winnable Issue

Why the Kenyan home-schooling petition in Were v Cabinet Secretary failed, why the Gitari association litigation succeeded against far heavier odds, and a self-regulation framework for home education in Kenya — mapped to existing law and to three implementation routes.

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