End of an era or error? a contextualized analysis of the historical evolution of the law on the division of matrimonial property
The law on matrimonial property has experienced massive progress. First things first, matrimonial property is made up of matrimonial home(s), household goods and effects in the matrimonial home or homes or any other immovable and movable property jointly owned and acquired during the subsistence of marriage.[1] Back in the days, the principle of corveture used […]
Protecting children from harmful cultural practices: a study on female genital mutilation in Kenya
According to the World Health Organization, this practice exists for non-medical reasons. The cut can be aimed at removing the clitoris (clitoridectomy), the labia minora and infibulation (which is basically the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora with or without the excision […]
Proportionality’s fifth prong
Ramesh Chandra Sharma vs State of UP arose out of the Greater Noida Authority’s decision to pay differential compensation rates for certain land that it had acquired under the old Land Acquisition Act. The Authority divided landholders into “Pushtaini” and “Ghair-pushtaini.” Pushtaini landholders were those who had acquired the land before the establishment of the […]
State of art synthesis on Sexual and Gender-Based Violence (SGBV) in Kenya: Assessing the feasibility of national SGBV courts and Court User Committees (CUCs) intervention
Here in Kenya, the sentencing practices of SGBV cases vary greatly and thus have been subject to criticism on several grounds. Despite this and many other challenges, the jurisprudence of SGBV continues to evolve to better recognize and ameliorate the egregious experiences of victims. Also, efforts are being made to roll out National SGBV Court […]
The difficult conundrum on consent in sexual offences: The place of consent and the emerging issues on consent in sexual offences in Kenya
Legal framework Women and men alike enjoy equal protection by the law. It is worth noting that both men and women are affected by sexual violence but women experience such abuses in a higher magnitude. In the past, sexual offences were covered by the Penal Code. With time, parliament saw the seriousness with which sexual […]
Hon. Justice Said Juma Chitembwe declared unfit to hold office
SUMMARY OF FINDINGS Having considered the allegations as framed in the List of Allegations and Summary of Evidence dated 28th June 2022 in light of the totality of the evidence tendered, the Constitution and applicable law, the Tribunal makes the following findings.
PRESS RELEASE – EAC OFFICIALLY LAUNCHES THE VERIFICATION MISSION TO ASSESS SOMALIA’S READINESS TO JOIN THE COMMUNITY
EAC SECRETARIAT ISO 9001:2015 Certified PRESS RELEASE EAC OFFICIALLY LAUNCHES THE VERIFICATION MISSION TO ASSESS SOMALIA’S READINESS TO JOIN THE COMMUNITY Microsoft Word – PRESS RELEASE – EAC OFFICIALLY LAUNCHES THE VERIFICATION MISSION TO ASSESS SOMALIA’S READINESS TO JOIN THE COMMUNITY.docx The verification team comprising of experts from the EAC Partner States shall be in […]
Data privacy litigation: Analysing the inaugural determination of the Office of the Data Protection Commissioner (ODPC) in Allen Gichuhi v Ambrose Waigwa ODPC Complaint No. 677 of 2022
The ODPC is a regulatory office established pursuant to Section 5 of the Act.[1] The ODPC is mandated with regulating personal data processing, ensuring that the processing of a data subject’s personal data is guided by the principles set forth in Section 25 of the Act, protecting individuals’ privacy, establishing a legal and institutional mechanism to protect personal […]