Issue 90 - July 2023, The Judiciary
July 06, 2023
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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 […]

Issue 90 - July 2023, Litigation
July 06, 2023
59 views 74 mins 0

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] […]

In the Spotlight, Issue 90 - July 2023, Opinions
July 06, 2023
66 views 7 mins 0

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 […]

Media freedom will survive insult and emotion, calumny and invective

Press freedom was explained by English poet John Milton in his text Areopagitica (1644), in reacting to a repressive ordinance established by Parliament in 1643. The ordinance required authors to get prior approval from an official licenser before the publication of printed materials. Thus, Milton stated regarding the impugned ordinance, “Truth and understanding are not such […]

Constitutional Law, Issue 90 - July 2023, Legislation
July 06, 2023
141 views 49 mins 0

Constitutional silences and their role in shaping legal doctrine in Kenya

A Constitution does not work by itself or speak like an oracle.[1] It is by judicial interpretation that many a time you breathe life into the provisions of a Constitution.[2] At the heart of this is the task of construing the true meaning and intent of explicit constitutional provisions. However, a Constitution, like any document, […]

Intellectual Property Law, Issue 90 - July 2023
July 06, 2023
130 views 30 mins 0

Machine-led copyright in Kenya and the place of artificial intelligence in intellectual property

There is a need to understand how Artificial Intelligence (AI) can be adopted into the IP ecosystem because it is the future of copyright, potentially. Globally, IP regulators are convening sessions to consider the nature and effect of AI in creating smart/auto copyright, amongst other IP rights. AI is an intelligence system that can receive […]