Duncan Munabi O’kubasu
  • Lecturer

Duncan Munabi O’kubasu

Designation
  • Director, Center for Jurisprudence & Constitutional Studies, CJCS
  • Lecturer, Department of Public Law
Education / Professional qualifications
  • LL.M, University of Pretoria, South Africa [DAAD Scholar]
  • Advocate, High Court of Kenya
  • Dip Law, Kenya School of Law
  • Certificate, Public International Law, University of Pretoria
  • LL.B (with Hons), Moi University
Research Interests
  • Jurisprudence & Political theory
  • Constitutional theory
  • Comparative constitutional Law
  • Theory of human Rights
  • Administrative law/Judicial review
Courses Taught
  • Legal research & Methods, Constitutional Law 1 & 2, Judicial Review, Juripisprudence, Administrative law, International Human rights & Humanitarian Law
Research and publications
  • Book Chapters
    • ‘The Implication of Conflation of Normal & Constitutional Politics on Constitutional Change in Africa’ in Richard Albert, Xenophon Contiades and Alkmene Fotiadou The Foundations and Traditions of Constitutional Amendment (Hart Publishing 2017).
    • ‘Use of International Human Rights Norms by Kenyan Domestic Courts’ in Thilo Rensmann, Stefan Kadelbach and Eva Rieter Courts of General Jurisdiction as Human Rights Courts (William S. Hein & Co., Inc.: 2017, Forthcoming
    • ‘Constitutional framework on Elections’ in Biegon (ed.) ‘Elections Digest in Kenya 2015’ (Nairobi: Kenya Human Rights Commission).
  • Journal articles
    • ‘Lessons for Sub-Saharan Africa from Kenya on Electoral Reforms: What’s the role and limitations of the law?’ (2017) Election Law Journal
    • ‘Regulation of NGO’s in Kenya and Uganda: A Jejune Normative and Institutional Enforcement Comparative Probe’ (2017), The Human Rights Advocate
    • ‘A Critique on Mutakha Kangu’s Conceptualisation of the Theory of the Institution of Governance’ (2016) Journal of Law & Ethics 1.
    • Concerning (Non) Existence of Administrative Law & The Implication of Constitutionalisation in Kenya (2016) Journal of Law & Ethics V. 2 15.
    • ‘Facilitating the Natural Right to Self-preservation: A Perspective on the Foundation of Governments’ (2015) CUEA Journal of Contemporary Law.
    • ‘Rights Discourse Devoid of Foundations? Provoking Maurice Oduor’s in Reply to Walter Khobe’s Pontification on Horizontal Application’ (2014) Journal of Law & Ethics.
    • ‘The Implications of Constitutional Flexibility on the Lifespan of the Kenyan Constitution’ (2014) Comparative Constitutional and Administrative Law Quarterly issue 24.
  • Presentations in international symposiums
    • ‘The Politics of Constitutional Endurance in Africa’ Presented at the University of Milan, Italy on 5 May 2015.
    • The Right to Access Water in Rural Communities in South Africa’(Presented at the University of Venda South Africa on 9 December 2013, at the University of Venda, University of Virginia Joint International Inter disciplinary Symposium on Sustainable Water Access in Sub-Saharan Africa).
    • ‘Transitional Justice in Kenya: The Role of the Youth for Sustainable Peace.’ (Presented at the Moi University-Indiana University International Symposium on Peace on August 2011.
  • Other publications in Magazines and Institutionalized blogs
    • (with Joshua Wabwire), CJ Maraga’s Tenure so far, An Introduction to the Age of the New Despotism? (2017) March Issue, Platform for Law, Justice & Society Magazine
    • Mischaracterizations as a Reply: Correcting a correction on judicial review in Kenya (2016) May Issue, Platform for Law, Justice & Society Magazine (48--)
    • ‘Judicial Review in Kenya Today: Redeeming Justice Odunga and Others from English Common Law & Its Foundations (2016) April Issue, Platform for Law, Justice & Society Magazine
    • Why the Appointment of Elected Leaders to Cabinet is Unconstitutional (2016) Volume 7, Issue 4. Nairobi Law Monthly 50.
    • “The Dr. Magufuli style”: Why Apt Priorities Should Follow Constitutional Formulations of Socio-Economic Rights in Sub-Saharan Africa” (OxHRH Blog, 12 February 2016)
    • “The Nicholas Salat Case: Something Justly Worrying from the Supreme Court” (2016) February Issue, Platform for Law, Justice & Society Magazine
    • The Fount of the Muddle: Jurisprudence on the Scope and Content of Conservatory Orders (2015) Kabarak Public Law Hub
    • Conceptual Perspectives on Invalidation of Legislation: A need for Skepticism? (2015) Platform for Law, Justice & Society Magazine 3-6.
    • Think this Way: How Zimbabweans Adopt, Hold and Express their Political Ideologies, Oxford Human Rights Hub (2013).
  • Working papers and unpublished thesis
    • Kenya, (I•CONnect Developments in Constitutional Law: Year 2016 in Review)
    • What Constitutional Detail does to Informal Constitutional Change’ prepared for presentation at the Kabarak University – Boston University Joint Symposium on Constitutional Change and Transformations in Africa (Cancelled).
    • ‘Examining the Obligation to Protect the Right to Food in Northern Kenya’ (2013) (LLM. Thesis, University of Pretoria)
    • The Right to Keep and Bear arms in Northern Kenya (LL.B, dissertation, Moi University)
  • (Involvement in litigation) Reported cases argued in superior courts in Kenya
    • Victoria Taban & 10 others v Attorney General & Others petition No. 509 of 2016, (Consolidated and reported as Jonnah Tusasirwe & 10 others v Council of Legal Education & 3 others [2017]eKLR) (On the right of non-Kenyans to join Kenya School of law)
    • Julius Opio v CFC Stanbic Bank Limited Civil Suit No. 272 of 2016, [2016] eKLR (On the power of the bank to sell property without a fresh notice)
    • Mohamed Abikar v Cabinet Secretary Ministry of Interior & Co-ordination of National Government & 2 others, Petition No 4 of 2016, Garissa, [2016] eKLR (Conservatory orders application on the powers of the Cabinet Secretary to create award)
    • Lazarus Muli v Director of Public Prosecutions & Another, Constitutional Petition No. 34 of 2016, [2016] eKLR (main petition on the powers of the Director of Public Prosecutions to institute fresh proceedings after a case has been withdrawn)
    • Nkatha Joy Faridah Mbaabu v Kenyatta University, Petition No. 411 of 2015, [2016] eKLR (reviewing the powers of the university to expel a student)
    • Lazarus Muli v Director of Public Prosecutions & Another, Constitutional Petition No. 34 of 2016, (application for conservatory orders to stay criminal proceedings that were continuing after a petition was filed)
    • Kevin Mwiti & Others v Kenya School of Law & Others, Petition No 377 of 2015 (Application for Conservatory Orders to stop the process of conducing pre-bar examinations)
    • David Chigiti & Others v Emmanuel Njamumo & Others, Kerugoya High Court Case No. 13 of 2013 (dispute regarding a private company)
    • Kevin Mwiti & Others v Kenya School of Law & Others, Petition No. 377 of 2015 (Main petition challenging the legality of the pre-bar examinations)
  • Trainings
    • (Judiciary) Advanced Legal Research for Law Clerks and Researchers, Judicial Training Institute, Training at Utalii College (12 May 2014).
    • (Office of the Director of Public Prosecutions) The Art of Cross- Examinations from a defense perspectives, Kenya School of Law, 8 May 2017.
  • Involvement in law review
    • Board Member, Catholic University Law Journal
    • Reviewer, Africa Journal of Comparative Constitutional Law (2017)
    • Reviewer, Oxford Commonwealth Law Journal (2016)
    • Moi University Law Journal (reviewer)
    • Reviewer, African Human Rights Law Journal (2016)
    • Co-Editor in Chief, Journal of Law & Ethics (2014)
    • Reviewer, University of Ilorin Law Review (2014).
    • Editor, CUEA Journal of Contemporary Law (2014).
    • Editor, Pretoria Students Law Review, (2013).
  • Other appointments/engagements
    • 2017, Member of the Taskforce on Extension and Renewal of Leases, by the Ministry of Lands and Physical Planning, Government of Kenya.
    • Correspondent for Oxford University’s, Human Rights Hub (2016)