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Hon. Lady Justice (Rtd.) Dr. Nancy Makokha Baraza

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Senior Lecturer in Law and Chair, Department of Public Law 

The Hon. Lady Justice (Rtd) Dr. Nancy Makokha Baraza is a senior lecturer and Chairperson of the department of Public law, at the School of Law, University of Nairobi. She teaches family law, social foundations of law and development, jurisprudence and access to justice. Dr. Baraza was the first Deputy Chief Justice and Vice-President of the Supreme Court of the Republic of Kenya. She served as a commissioner with the defunct Constitution of Kenya Review Commission and specifically chaired the Committee that crafted the Bill of Rights in our Constitution. She served at the Vice Chairperson of the Kenya Law Reform Commission from 2007-2011. She is a founder member of the Federation of Women Lawyers of Kenya and served as its Chairperson between 1995-1998. She has been a legal practitioner under the firm name and style of Nancy Baraza and Company, Advocates. She has taught family law at the Kenyatta University School of law, 2009-2011. She has taught Probate and Administration at the Kenya School of Law, 2009-2011. She is an accredited court annexed mediator in family and commercial law disputes.

Education

  1. Doctor of Laws PhD (2016), University of Nairobi- Title of Thesis: The Impact of Heteronormativity on the Human rights of Sexual Minorities: Towards Protection through the Constitution of Kenya 2010.
  2. Master of Laws Degree (LLM) (2005), University of Nairobi
  3. Bachelor of Laws Degree (LLB) (1980), University of Nairobi
  4. Diploma in Legal Education (1981), Kenya School of Law

Professional training and courses 

  1. Certificate in policy and legislative drafting, from TAC institution, Kenya, 2009.
  2. Certificate in legislative drafting from Public Administration International (PAI), London, 2010.
  3. Certificate in Social psychology and Counseling, University of Texas at Austin, 1990
  4. Certificate in Change Management in November, 2005 by Visionary Leadership and Management consultants.
  5. 1990- Social Psychology and Counseling, University of Texas at Austin;
  6. Training in Leadership and Democratic Governance under the Auspices of the Governments of the USA and Kenya, 1990, Washington DC;
  7. Training in Alternative Conflict Resolution Mechanisms under the auspices of USIS and the University of Iowa at Ames, USA in 1996;
  8. Course organized by the World Bank Institute and The International Law Institute on Judicial Reform for Improving Governance in Anglophone Africa offered through the Global Development Learning Network Centers, Nairobi, Kenya October 9 – November 11, 2003. 

Indicative consultancies 

  1. Study Commissioned by UNIFEM: Promoting the Human rights of         Women in Kenya: Comparative Review of the Kenyan Domestic Laws. Vis-à-vis CEDAW and the Protocol to the African Charter on Human And Peoples’ Rights
  2. 2007-Reseach and documentation of the Process leading to the enactment of the Kenyan Sexual Offences Act, 2006 under the auspices of Plan International and Ford Foundation. 
  3. 2008-Consultancy to educate Somali women on Gender and the Constitution: UNDP project.2010- Consultancy with UN-Women: Training the Women of the Republic of South Sudan on Constitutional Issues and the Post Referendum period of the CPA, Juba. South Sudan
  4. 2014- lead consultant for the un-women to assist the ministry of devolution of the republic of Kenya to prepare the 8thCEDAW report presented to the CEDAW committee, Geneva. 
  5. 2015- Consultant for UN-Women on mainstreaming GBV legislations into the Human rights Caucus of Parliament. Ensured the Marriage Act, 2014, the Matrimonial Property Bill 2013 and the Domestic Violence Bill 2014 are prioritized in the strategic plan of the Caucus for amendments and /or enactment.
  6. Was a Panelist among eminent persons such as the former Prime minister of Denmark and the British Secretary of Trade during the international women’s Day, 2016 in London under the auspices of the Overseas Development Institute (ODI), United Kingdom.
  7. UN Women consultancy to author a book titled “Journey to Gender Parity in Political Representation: Search for a framework for the realization of the not more than two-thirds gender principle in Kenya”. Published by the National Gender and Equality Commission (NGEC), 2018.
  8. Trained Somali women on Gender and the Constitution: UNDPproject, 2010.
  9. Trained the Women of the Republic of South Sudan on Constitutional Issues and the Post Referendum period of the CPA, Juba. South Sudan under the auspices of UNwomen in 2011.
  10. Trained Kenyan Members of Country Assemblies (MCAs) from various counties of Kenya s on the Constitution and gender in Arusha, Tanzania and Kigali, Rwanda, 2014
  11. Trained members of Kenya Women Parliamentary Association (KEWOPA) on Policy formulation and legislative analysis under the auspices of the National Democratic Institute (NDI), Washington DC in 2016.
  12.  AHADI KENYA: consultancy to sensitize county civil servants on the constitutionality of legislative amendments under the auspices of the council of Governors.

Publications by Dr. Baraza

Books

  1. Promoting the Human Rights of women in Kenya: A Comparative review of the Domestic Laws– (Patricia Kameri-Mbote, Nancy Baraza, Celestine Musembi, and Winnie Kamau). A United Nations Publication, 2010. 
  2. The Making of the Kenyan Sexual Offences Act, 2006: Behind the Scenes (2009) (Njoki Ndungu, Nancy Baraza, Onyango-Ouma and Harriet Birungi)
  3. A chapter titled “women’s participation in constitution-making and the nexus between the textual normativity and the Constitution”. In ‘Changing The Mainstream- Celebrating Women’s RESILIENCE’’ (Wanjiku Kabira, Patricial kameri-Mbote, Nkatha Kabira and Agnes Meroka (eds).  2019  
  4. Journey to Gender Parity in Political Representation: Search for a framework for the realization of the not more than two-thirds gender principle in Kenya. National Gender and Equality Commission (NGEC), 2018.                

Articles

  1. Lack of legal framework on cohabitation unions in Kenya and the impact on the socioeconomic rights of women. International Journal of Innovative Research and Knowledge Volume-4 Issue-3, 2019.
  2. The Institution of Woman-to-Woman Marriage in Kenya: Navigating between Culture and Human Rights. Africa Nazarene University Law Journal Volume 6 No 2 2018: 71.
  3. The Gender and Development (GAD) Paradigm in The Kenyan Context: Contesting Traditional Development Theories. International Journal of Innovative Research and Knowledge Volume-4 Issue-1, January 2019
  4. Legal Feminist Theory and Traditional Legal Doctrine: Challenging the Dominant Paradigm. East African Law Journal, Vol. 5 2015: 247-266.
  5. Sociological jurisprudence as methodology for realisation of socioeconomic rights under the constitution of Kenya. International Journal of Science Arts and Commerce Vol. 4 No.1, January -2019
  6. Lost “Between Rhetoric and Reality: Law and Human Rights in addressing Gender inequality”- Published in the Kenya Law Review Journal, 2008-2010, Vol. 11 
  7. Family Law Reforms in Kenya: A Feminist Critique – Gadaffi & Baraza. Africa Nazarene University Law Journal, Vol. 2 No. 2, 2014:126-147.
  8. An analysis of the 2015 Kenya’s Protection from Domestic Violence Act (PDVA). 2015. Kenya Law Review Journal, (2016): 1-22.
  9. Reflections on Feminism and Development in Africa: the case of Kenya- Nancy Baraza and Nkatha Kabira. AWSC publication, 2011.

Unpublished Papers

  1. Paper titled “Witness Protection: Legal Challenges”- presented at the United Nations Drug and Crime (UNDOC) Workshop at the UN offices at Nairobi 7-9 July, 2008
  2. The Constitution of Kenya 2010 and the Fallacy of the Imperative Theory – (Awaiting publication in the Kenya Law Review Journal)
  3. .An article titled Surrogacy: A need for international legal framework (Published in the Jomo Kenyatta University Law Journal).
  4. Paper titled      “Relationship between Government, Civil society and Private Sector” at a CIVICUS international meeting in Budapest, Hungary, 1998
  5. Paper titled “Women in Democracy and governance” presented at the Commonwealth Heads of State conference at the Intercontinental Hotel, Nairobi, 2005
  6. Paper titled “Role of Practitioners in the Enforcement of the Rome Statute” at a workshop organised by the Kenya National commission on Human Rights at Nyali Beach Hotel, Mombasa, in 2005. Law on Crime
  7. Paper titled “Gender Inequalities and the Law: The role of Law Reform Agencies at the Commonwealth Law Reform Agencies conference at the Hilton Hotel, Nairobi, July 2007
  8. Paper titled “The need to Establish the African Court of Human Rights” Presented at the FIDA Human Rights Conference, 2006
  9. Paper titled “Electoral systems” Presented at the Independent Review Commission (Kriegler commission) Technical Workshop on Electoral Systems- KICC, Nairobi, Kenya on 1stAugust, 2008 
  10. Paper Titled “Constitution-making in Kenya and the Gender Question: Theoretical Frameworks” presented at the High Level seminar on Theoretical Frameworks for Understanding the Role of Gender in Constitution Making organized by UNIFEMand RECESSPA, 23RD, July 2009
  11. The Constitution of Kenya 2010 and the Fallacy of the Imperative Theory – (Awaiting publication in the Kenya Law Review Journal)
  12. An article titled Surrogacy: A need for international legal framework (Published in the Jomo Kenyatta University Law Journal).

Special tasks undertaken 

  1. Kenya Government Leader of Delegation to the Consultative Meeting of Experts of the East African Community member states on Rule of Law, Justice and Law Enforcement, Kampala Uganda 29thto 30th, September, 2008.  Presented country report on Kenya’s Laws, Policies and Strategies Geared towards Upholding Justice and the Rule of Law in the East African Partner States.
  2. An NGO delegate to the 4thUnited Nations Human Rights Conference in Vienna, Austria and contributed by lobbying for the recognition for the first time in human rights history of “women’s rights” as “Human Rights” in the Vienna Plan for Action, 1993.
  3. Led the Kenyan NGO Legal Thematic group to the 4thUN Women’s Conference and lobbied for the current provisions in the Beijing Platform for Action which is a blue print on the implementation of the human rights of women world-wide, 1995.
  4. served as the chairperson of the Media compaints commission of Kenya in 2011
  5. served as -Legal Counsel, Ministry of Cooperative Development, Government of Kenya from 1982-1983
  6. Served as a litigation assistant in the Law firm of Kilonzo and Company, Advocates between 1983-1987
  7. Served as a member of the Editorial Committee, Kenya Human Rights Commission in 1995
  8. Served as a member of the private Prosecutions Committee, Law Society of Kenya in 1992
  9. Served as a council member of Egerton University Council from 2007-2011.

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