Our student Jotham Okome Arwa excelled in his thesis defense!

Our student Jotham Okome Arwa excelled in his thesis defense!

September 17, 2021

 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.

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.

Atlantic International University

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