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 […]
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 […]
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 […]
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 […]
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 […]
Widely recognized for her passionate advocacy and unwavering commitment to justice, Shireen left an indelible mark on the Palestinian cause. Reflecting on her legacy, we remember the profound impact she made and the continued importance of her message. As a bold advocate, Shireen was a guiding light in the face of violence under occupation. Her […]
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 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 […]
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 […]
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 […]
