The Legal Edge

MARXIAN THEORY     Karl Marx contribution to the theory is unique because he considered not only economic prerequisites for growth but also social consequences  He believed that the process of socialism was not gradual or evolutionary as assumed by the orders theory as it was characterized by conflict of inter between classes in the society. He saw struggle as an engine of social change and development  as -class struggle between the capitalist class and the workers. -The collapse of the capitalist system as the capitalist find investment unprofitable due to the ultimate fall of wages to the subsistence level. According to Marx, every society has a class structure consisting of the propertied and the non-propertied class - the labourers.  The propertied, i.e. the capitalists own the means of production while the workers own nothing but their labour power which has to be sold in exchange for a wage. Wages are used in the purchase of life's necessities s...

  Two thirds and appointment in the National vs County Article 81 of the Kenyan Constitution mandates that the electoral system comply with the principle that no more than two-thirds of the members of elective public bodies shall be of the same gender. Additionally, Article 27 requires the government to develop and pass policies and laws, including affirmative action programs, to address past discrimination.   While Article 177 aims to ensure that the two-thirds gender rule is implemented at the county level by nominating special seat members, this provision does not guarantee the same at the National Assembly and Senate.   The Constitution stipulates that the National Assembly shall include forty-seven women, each elected by the registered voters of the counties, with each county constituting a single-member constituency. It also provides for the nomination of sixteen women by political parties and one woman representing the youth and persons with disabilities in the Se...

Gender in the Constitution  Article 27 on Equality and Freedom of Discrimination states every person is equal before the Law and has equal protection and equal benefits of the law  Article 27(3) states  that women and men have the right  to equal treatment, including the right to equal opportunities in political , economic, cultural and social spheres  Article 27(3) states the State shall not discriminate directly or indirectly against any person on grounds of sex, pregnancy, marital status  Article 27(3): The state shall take legislative measures to implement two-thirds  of the members of elective protection and equal  benefits before the law  Article 40(1) states that every person has the right to acquire property rights individually or in association with others. Article 59(1) of the Constitution establishes the Kenya National Human Rights and Equality Commission. 92 The functions of the Commission, inter alia, are to promote gender equali...