Human Rights and Covid-19 (Corona Virus) in Kenya: Is the Law Silent?

21 Pages Posted: 30 Apr 2020

Date Written: April 28, 2020

Abstract

During times of pandemics, the law is not silent. Unlike the suggestion by Schmitt et al that there are times where there exists a state of exception, this paper argues that the constitution of Kenya does not permit such a scenario. Even in emergencies, the law applies. This paper looks at the measures and regulations adopted by the executive in a bid to address the Corona problem and tests them against the constitution of Kenya.

Keywords: Schmitt, state of exception, corona, covid, human rights, equality, kenya

Suggested Citation

Nyawa, Joshua Malidzo, Human Rights and Covid-19 (Corona Virus) in Kenya: Is the Law Silent? (April 28, 2020). Available at SSRN: https://ssrn.com/abstract=3587768 or http://dx.doi.org/10.2139/ssrn.3587768

Joshua Malidzo Nyawa (Contact Author)

Kenya School of Law (KSL) ( email )

P.O. Box 30369
Nairobi
Kenya

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