This book asks whether there is a coherent conception of equality in Kenya's 2010 Constitution and explores how competing and interrelated ideas of equality in it should be conceptualised, interpreted and applied.
Making a significant contribution to the ongoing global conversations on the various understandings of equality, the book 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, the 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.