Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 31, 2023
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Judges of Specialised Courts Deserve Equal Treatment

The 2010 Constitution sought to re-imagine our judicial system by establishing specialized courts with the same status as the High Court. Kenyans felt that the areas of employment and labour relations, and the environment and land disputes deserve special and focused attention, beyond the general approach to all other disputes. Given the centrality of these […]

Headlines, Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 24, 2023
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The specialist courts are not lesser temples of justice

The recent judicial appointments to the Court of Appeal by the President, upon recommendations of the Judicial Service Commission, stand in sharp focus for their omission or lack of consideration of any of the judges from these specialized courts at Article 162. The distinctiveness of these courts was a matter of deliberate constitutional design to […]

Noordin Haji on trial: has the director of public prosecution failed the independence test? a scrutiny

The omphalos point of the study of political institutions is power and its uses. Even supposing we may be of the considered view that the concept of power is being associated exceptionally with politics or to say political science, but it is, in fact, exists in all dimensions of our social relationships. They are deeply […]

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 […]

Issue No. 83 | Dec 2022, Litigation, The Judiciary
December 30, 2022
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Towards new frontiers of justice: re-evaluating the place of small claims court in Kenya: solace for the indigent?

Litigation has been complicated for the country’s impoverished citizens. This is due to the legal technicalities used in court, complex procedures, high costs, and delays in resolving disputes.1 Furthermore, there are impediments that the poor, as well as the marginalized and uneducated, face in their quest for justice. They include long distances to the courts, […]

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 […]

Litigation, The Judiciary
March 05, 2015
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