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Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

The passing of the Constitution of Kenya of 2010 and its promulgation on August 27, 2010, heralds the deep desire of Kenyans, as individuals and communities, to live in a society that respects and protects their liberties and livelihoods without discrimination. With respect to transit...

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

This paper documents the opinions of victims of human rights violations in Kenya about the country’s unfolding transitional justice process. The first section gives background into the human rights violations; the second section presents victims ideas about reparative justice. The rep...

As Kenya continues to address its 2007-08 postelection violence, greater emphasis should be placed on victims’ reparative justice demands, according to a new ICTJ report. The report, “To Live as Other Kenyans Do”: A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations, is a...

The Kenya Transitional Justice Brief, a quarterly bulletin by ICTJ highlighting current developments in the field of transitional justice in Kenya. This brief focuses on the process of implementing the 2010 constitution and the political context in which this takes place, providing a ...

During a thematic hearing December 13–14, Kenya's Truth, Justice and Reconciliation Commission (TJRC) heard testimonies from children on their own experiences as part of the commission's investigation into gross human rights violations and historical injustices in the country between 1963 and 2008.

Ivory Coast has embarked on a process of addressing the legacy of internal strife that culminated in the violence following the 2010 presidential elections. There seems to be genuine political will to pursue transitional justice through criminal investigations and truth-seeking, but serious challenges remain. Suliman Baldo, head of ICTJ's Africa Program, discusses these developments in our latest podcast. [Download](/sites/default/files/Baldo_ICTJ_Podcast_06072012.mp3) | Duration: 19.07mins | File size: 10.9MB

Though not a state party to the Rome Statute, Cote d’Ivoire accepted the jurisdiction of the ICC through an ad hoc declaration in April 2003, and in December of 2010—in the wake of the post-election crisis—reaffirmed that declaration. It has been more than one year since Cote d’Ivoire began a critical transition from a decade-long civil war that divided the country and led to widespread human rights violations, forced displacement, and loss of civilian lives and property.

Following post-election violence in 2007–2008, Kenya faced a need to hold accountable those most responsible for the fighting that resulted in more than 1,000 deaths and widespread property destruction and displacement. But national judicial mechanisms proved reticent to do so, and in 2010, the situation was adopted by the ICC, who in January of 2012 announced indictments against four suspects.