Constitutional Law, Issue No. 84 - Jan 2023
January 02, 2023
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Rethinking education reforms in Kenya

While research leading to the discovery of new knowledge, emerging trends in pedagogy and the needs of society inform such reforms, some of the reforms in the past have been undertaken following political pronouncements and the euphoria that rises as an aftermath. This partly explains why such reforms are ephemeral because they are anchored on […]

Fintech-driven financial inclusion and consumer protection: Kenya’s case study

Consumer protection has been entrenched in Article 46 of the Constitution which lays forth the rights of consumers including the right to the protection of consumers’ health, safety and economic interests (emphasis added), and gives Parliament the mandate of enacting comprehensive legislation on consumer protection.[1] To this end, the Consumer Protection Act provides for the […]

A commentary on the Court of Appeal ruling in National Bank Limited & another v Basil Criticos, 2022

Introduction In May 2022, there was breaking news that was sponsored by the Court of Appeal decision. These were some of the headlines captured by different media stations ‘Former MP gets Sh 2B in Court fight with National Bank of Kenya’, ‘ Local Bank in Crisis After Court Orders Kshs 2.2 Billion Compensation to Former […]

Citation of 2022 ICJ jurist of the year award

This year, our distinguished Jurist has an intriguing reputation for pushing legal boundaries and challenging the status quo. This professional trait has earned him recognition nationally, regionally, and internationally. Our Jurist has earned a reputation for and contributed to Kenya’s transformative and innovative legal reforms through his legal prowess as a Human Rights Defender, Jurist, […]

Statement by the Commonwealth Lawyers Association (CLA) regarding the conviction of Richard Naidu by the High Court of Fiji

The CLA is concerned over the invoking of criminal contempt for scandalizing the court, which has been repealed in many parts of the Commonwealth. In this regard, it has been accepted that prosecution for this contempt will deter comments on judicial errors or misconduct and will have a chilling effect on the freedom of speech […]

The rise of illiberal legality (democratic decay) in Africa: Quest for an international constitutional court

~Ade-Ajayi, J.F.1992 Introduction Democracy can be defined as a government of the people, by the people, and for the people.1 Crucial to this study are three different theories of democracies, that is: elite theory which enunciates that masses are incapable of making rational decisions on major national issues; the pluralist theory which states that no […]

Constitutional Law, Issue No. 83 | Dec 2022, Trending News
December 30, 2022
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Is the position of the Prime Cabinet Secretary constitutional? an interrogation through the lens of the 2010 constitution

The debate seemed to have been ignited during the vetting of the respective Cabinet Secretaries in the National Assembly. While commenting on the same, the Honorable Speaker empathically with a voice of authority noted that the position and the nomination were done in conformity with the constitution. He specifically addressed himself as to Article 152 […]

Constitutional Law, Issue No. 83 | Dec 2022, The Judiciary
December 30, 2022
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Perceptions of judicial independence: a niggling concern

The Constitution of Kenya divided the Government into several branches principal amongst these being the legislature, the executive and the judiciary. The division is important because it gives specific powers to each branch and sets up a scheme of an arrangement called checks and balances. The essence of checks and balances is to make sure […]