The spirits and the law – the role of superstition laws in modernity in Kenya and Seychelles – a literature review

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

The spirits and the law – the role of superstition laws in modernity in Kenya and Seychelles – a literature review

Author: Michelle St.Ange-Ebrahim

ISSN: 2521-2605
Affiliations: PhD candidate at Griffith University, Australia
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 105–139
https://doi.org/10.47348/JCLA/v12/i2a4

Abstract

This article examines the legal and socio-political dimensions of superstition-related offences in Kenya and Seychelles, highlighting how cultural beliefs intersect with crime, law, and state power. Rather than viewing witchcraft and superstition as mere cultural relics, this analysis underscores their entanglement with modern political agendas and governance challenges. Legal responses to superstition, including anti-witchcraft laws, may paradoxically reinforce societal fears and legitimise witch hunts, fostering cycles of persecution. Drawing on Foucault’s theories of power and knowledge, this article argues for a nuanced legal approach that differentiates between harmful acts and legitimate expressions of belief. A balanced framework must protect citizens from harmful practices while upholding fundamental freedoms, aligning with international human rights standards. This article is divided into four parts: first, a conceptual map of superstition, religion, and witchcraft; second, Foucault’s power/knowledge as an analytical framework; third, the statutory and case-law frameworks in Kenya and Seychelles; and finally, a comparative synthesis and implications for reform.

Green diplomacy in action: navigating international law for Kenya’s sustainable aviation fuel transition

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Green diplomacy in action: navigating international law for Kenya’s sustainable aviation fuel transition

Authors: Irene Maithya, William Kiema

ISSN: 2521-2605
Affiliations: Bachelor of Laws (Moi University, Kenya), Master of Laws (University of Pretoria, South Africa), currently a Doctor of Laws (LLD) Candidate at Strathmore University, Kenya. Advocate of the High Court of Kenya and Lecturer in Law at Moi University, Kenya; Bachelor of Laws (University of Nairobi, Kenya), Master of Laws (University of Cape Town, South Africa), Doctorate in Air Law (University of Cape Town). Advocate of the High Court of Kenya
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 140–169
https://doi.org/10.47348/JCLA/v12/i2a5

Abstract

The aviation industry’s significant carbon footprint necessitates the urgent adoption of sustainable practices. Kenya’s sustainable aviation fuel (SAF) initiatives emerge as a pioneering model within this context, demonstrating a blend of environmental innovation and strategic green diplomacy. This paper analyses Kenya’s strategic engagement with the International Civil Aviation Organization’s (ICAO) Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) mechanism and bilateral partnerships to overcome the financial and technical barriers associated with the deployment of sustainable aviation fuel (SAF). Unlike most previous studies that have focused on transitions in the Global North, the current paper focuses on revealing how Kenya employs multilateral platforms and approaches to overcome barriers and negotiate financial and technological support suitable for the African context. The study argues that Kenya adopts a developmental green diplomacy approach, allowing itself to balance its international commitments with industrialisation agendas through strategies such as coalition building with other nations from the Global South in ICAO negotiations, aligning SAF policies with regional frameworks, and creating investment incentives through bilateral air service agreements. The paper demonstrates how Kenya is reshaping the global aviation climate even though it is excluded from the Paris Agreement’s direct mandates.

Rethinking the concurrency of legislative competence on the freedom of information law of Nigeria

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Rethinking the concurrency of legislative competence on the freedom of information law of Nigeria

Authors: President Ewemade Aigbokhan, Osaretin George Izevbuwa, Rita Abhavan Ngwoke

ISSN: 2521-2605
Affiliations: PhD Candidate, College of Law, Igbinedion University; Professor & Dean, College of Law, Igbinedion University; Associate Professor, College of Law, Igbinedion University
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 170–198
https://doi.org/10.47348/JCLA/v12/i2a6

Abstract

The scope of concurrent legislative powers under Nigeria’s Freedom of Information Act (FOIA) 2011 has generated sustained controversy, reflected in a series of judicial decisions marked by inconsistency and uneven enforcement. This paper interrogates the intersection of federal and state legislative authority over the FOIA. Adopting a doctrinal methodology, the study traces the historical evolution of the FOIA, analyses judicial interpretations of its applicability, and situates these within the constitutional framework governing concurrent legislative powers. It highlights how federal supremacy and state resistance have produced legislative anarchy, often to the detriment of citizens’ access to information. Comparative insights are drawn from the United States and Kenya, whose federal systems offer more coherent models of concurrency and cooperative governance. The paper argues that Nigeria requires clearer constitutional delineation and judicial fidelity to textual interpretation to avert legislative anarchy. It recommends that State Houses of Assembly confine themselves to procedural frameworks that facilitate implementation rather than enacting duplicative or conflicting statutes.

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Quel régime pour l’imprévision en droit Mauricien des contrats ? Les leçons à tirer de la réforme du droit Français des obligations en 2016

Author: Goran Georgijevic

ISSN: 2521-2605
Affiliations: Senior Lecturer (Civil Law), Law Department, Faculty of Law and Management, University of Mauritius
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 199–219
https://doi.org/10.47348/JCLA/v12/i2a7

Abstract

The general rule on unforeseeability, incorporated into Article 1195 of the French Civil Code, is relatively new, dating back only to 2016. The doctrinal and jurisprudential position in France concerning the theoretical justification of this institution, its imperativeness, the conditions for taking unforeseeability into account, and the reaction of the law to it can be a rich source of learning for the Mauritian legislator when the time comes to regulate contractual unforeseeability in the Mauritian Civil Code.

La protection juridique des personnes handicapées en matière de droit du travail au Cameroun : entre inclusion et exclusion

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

La protection juridique des personnes handicapées en matière de droit du travail au Cameroun : entre inclusion et exclusion

Author: Hako Mbouendeu Marie Solange

ISSN: 2521-2605
Affiliations: Enseignante au département de droit privé fondamental de la faculté des sciences juridiques et politiques de l’Université de Douala-Cameroun
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 220–245
https://doi.org/10.47348/JCLA/v12/i2a8

Abstract

People with disabilities, like all human beings, have the right to dignity and to enjoy a full life, including the right to work. Their legal protection in terms of labour law in Cameroon lies somewhere between inclusion and exclusion. The Cameroonian legislature has adopted a policy of positive discrimination in favour of persons with disabilities, consisting of preferential measures in terms of recruitment and job retention. The intended effect is to restore the balance between able-bodied and disabled workers, most of whom have had a difficult educational background. However, in Cameroon, as in several sub-Saharan African countries, the government’s objectives of economic emergence and the creation of a more just and inclusive society are struggling to materialise; the experiences of persons with disabilities, affected by challenges and vulnerabilities, illustrate this. The reality regarding the protection of persons with disabilities in labour law is sad. Beyond the texts, which enshrine the commendable efforts of Cameroonian legislators, the implementation of this policy is limited, if not non-existent in practice. In short, the inclusive professional integration of persons with disabilities seems to have a long way to go.