Blow to President Ruto as High Court suspends Finance Act, 2023

In our opinion in the June Issue No. 89, we assessed and commented on the then highly debated Finance Bill 2023, which President Ruto has incessantly been forcing on Kenyans, as substantially unconstitutional and anti-devolution. Although having been assented into law on 26th June 2023, the implementation of the Finance Act, 2023 has now been […]

Economy, Finance & Tax, Issue 90 - July 2023
July 06, 2023
117 views 6 mins 0

Inside Kenya Kwanza’s budget

Kenya’s debt has remained sustainable, but with elevated risks of debt distress due to persistent global shocks that adversely affect the liquidity ratios. The depreciation of Kenya shilling against major currencies and the rise of interest rates have elevated the cost of debt service. Further, the depreciation of the currency has increased the size of […]

In the Spotlight, Issue 90 - July 2023, Tribute
July 06, 2023
152 views 21 mins 0

Tribute to a mother of feminist masculinity – Micere Mugo

This speech[1] is included in the anthology of Professor Mutunga’s speeches, writings, and judgments, ‘Beacons of Judiciary Transformation’ co-edited by Prof. Sylvia Kang’ara, Duncan Okello and Kwamchetsi Makokha. His speech highlights the fact that feminism is about being but is not necessarily limited to one’s assigned sex. It is a summons to interrogate the deliberate […]

A critic of the legislative and oversight role of the Kenyan legislature in regulating high debts and promoting socio-economic rights

The Kenyan legislature is one of the three arms of government which are constitutionally established by the 2010 Constitution.[1] Each of these three arms of government has its functions and obligations which spawn from the separation of powers theory by Madison.[2] The Kenyan legislature is tasked with the role of making and amending laws as […]

Constitutional Law, Family Law, Issue 90 - July 2023
July 06, 2023
163 views 25 mins 0

The journey towards the realization of the legal framework on surrogacy in Kenya

The surrogate mother only gestates the embryo, which is usually created from the eggs and sperm of the commissioning parents.[1] Even though this practice may sound foreign or an invention of modern science, surrogacy can be traced back to ancient times. For instance, in Babylonian Law the practice was allowed as a means to prevent […]

Constitutional Law, Issue 90 - July 2023
July 06, 2023
97 views 17 mins 0

The illusion of separation powers doctrine in Kenya

The term separation of powers otherwise referred to in French as “trias politica” was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.[1] Montesquieu was of the considered view that when the legislative and executive powers are united in the same person, or in the […]

In the Spotlight, Issue 90 - July 2023, Trending News
July 06, 2023
186 views 5 mins 0

Sandra Ochola’s remarkable journey to a transformational future

In a world often shaped by conventional norms and expectations, there are individuals who defy the odds, break through barriers and pave the way for others to follow. Sandra Ochola is one such remarkable individual-a trailblazer whose journey embodies resilience, passion and a relentless commitment to effecting meaningful change. From qualifying as an Advocate of […]

Issue 90 - July 2023, Real Estate & Housing
July 06, 2023
140 views 5 mins 0

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 […]

Constitutional Law, Issue 90 - July 2023, Litigation
July 06, 2023
71 views 10 mins 0

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 […]