Unpacking the Supreme Court decision in Dina Management Limited -v- County Government of Mombasa, Chief Land Registrar and 5 Others
On 21st April 2023, the Supreme Court of Kenya in the case of Dina Management Limited -vs- County Government of Mombasa, Chief Land Registrar and 5 Others, while resolving the question on indefeasibility of title, had this to say: “Indeed, the title or lease is an end product of a process. If the process that […]
Examining Article 157 (11) of the Constitution of Kenya 2010 in light of the Shakahola Massacre
Chapter 9, Article 157 of the Constitution of Kenya 2010 establishes the Office of the Director of Public Prosecutions (ODPP). The President appoints the Director of Public Prosecutions (DPP) with the approval of the National Assembly.[1] The DPP’s qualification should be similar to that of the Judge of the High Court.[2] His functions are delegated […]
Shaka Zulu is back in pop culture – how the famous King has been portrayed over the decades
Shaka Zulu is one of the most famous figures in South African history, even though not much is actually known about him. The subject of a hit 1980s TV show and of many books, Shaka is reframed by each generation. Now he’s back in popular culture with a major new South African TV series, Shaka […]
Mama Ngina Kenyatta at 90: the quiet power behind Kenya’s famous political family
Few witnessed the building of the young Kenyan state from within as did Ngina Kenyatta, the widow of Kenya’s first president, Jomo Kenyatta. Mama Ngina, as she is known, marks her 90th birthday on 24 June 2023. She was by her husband’s side when Kenya won independence 60 years ago and for many turbulent years […]
How the Kenyan judiciary has contributed to undermining the rule of law
Sensitive to the preceding decades of an undermined judiciary, the 2010 Constitution drafting committee’s approach to the parts of the Constitution pertaining to the Judiciary[7] placed strong emphasis on its independence, broad cititizens’ rights specifically upholding the rule of law. However, a question currently being raised is whether or not the 2010 Constitution went too […]
The doctrine of prosecutorial discretion in Kenya
The role and status of a prosecutor vary greatly depending on the jurisdiction, subject matter or legal system.[1] In the civil law system, for example, the discretionary prosecutorial power is limited, restricted, and subjected to judicial review as opposed to the common law systems where prosecutorial discretion is only restricted by the operation of law.[2] […]
The underlying threat of the freedom of media from politicians
If there is something that is so crucial in a democracy is the need to ensure that information freely flows from one person to another. To this point therefore, it is worth noting that the media simply acts as a vessel through which this information is channelled to the citizens and everybody else. Voters are […]
New beginning or a false start?
The inauguration of the Kenya Kwanza government filled the hearts of a large majority of hustlers with much joy, in the belief that it heralded a great new dawn that would see hustlers of this great country witness prosperity, equity and human dignity. The momentous occasion, celebrated at a packed to overflowing Kasarani stadium, persuaded […]