At AIU we want to congratulate one of our students: Jotham Okome Arwa for successfully passing his thesis defense. The subject of his thesis to receive the degree of Doctor of Legal Studies- is “Truth- Justice and Admissibility of Evidence Obtained in Violation of Constitutionalized Human Rights: Towards a Constructive Interpretation of Article 50(4) of the Constitution of Kenya 2021” Below you can find an introduction to Jotham’s thesis.
Introduction:
This thesis seeks to carry out a constructive interpretation of Article 50(4) of the Constitution with a view to offering prescriptive guidance to the courts on how they should treat evidence obtained in violation of constitutionalized human rights. It is based on three key premises: first- that the judicial response to evidence obtained unconstitutionally must be intellectually rigorous- disciplined and principled; secondly- that Article 50(4) referred to above- being a constitutional evidentiary rule- must be interpreted in the light of the principles and values rooted in the Constitution itself- unlike any other statutory or customary law evidentiary rule. And finally- that Article 50(4) of the Constitution must receive the interpretation that “makes it the best possible example of the form or gender to which it should belong”- in the language of Ronald Dworkin.
Jotham Okome Arwa completed a PhD in Legal Studies at Atlantic International University. We are very proud of the good work of our student and wish him success in all your professional projects.
