Headlines, International Law, Issue No. 85 - Feb 2023
February 05, 2023
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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 […]

Intellectual Property Law, Issue No. 85 - Feb 2023, Technology Law
February 03, 2023
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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 […]

Elections Law, Issue No. 85 - Feb 2023, Social Justice Advocacy
February 03, 2023
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The undelivered promise of electoral justice by the Constitution of Kenya, 2010:

Background information and possible reforms Since we attained self-independence as a nation in 1963, every single election that we have is always followed by unnumbered election petitions and a lot of violence. This clearly shows that Kenyans have no trust in our electoral systems including the electoral commissions that the 2010 Constitution of Kenya tends […]

Issue No. 85 - Feb 2023, Technology Law
February 03, 2023
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Now and not later: Why we urgently need A 5G policy in Kenya

Although Kenya lacks 5G legal enforcement, guidelines such as the National Broadband Strategy NBS 2018 – 2023 were released, updating and building upon the previous Plan (2013 – 2017). The Plan unveiled a detailed strategy for the rapid rollout of broadband services across the nation, setting goals for effective coverage, encouraging market participation, data pricing, […]

Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 31, 2023
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Judges of Specialised Courts Deserve Equal Treatment

The 2010 Constitution sought to re-imagine our judicial system by establishing specialized courts with the same status as the High Court. Kenyans felt that the areas of employment and labour relations, and the environment and land disputes deserve special and focused attention, beyond the general approach to all other disputes. Given the centrality of these […]

Constitutional Law, Family Law, Issue No. 85 - Feb 2023
January 31, 2023
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Equality in marriage and the limits of transformative constitutionalism: The Kenyan Supreme Court’s judgment in Ogentoto vs Ogentoto

The roots of the controversy lie in the patriarchal structures of our world. It is an incontrovertible fact that in most societies, men hold a disproportionate share of immovable property (for the gendered skew in Kenya, see here). The reasons for these are both historical (dating back to times when women were legally barred from […]

Environment Law, Issue No. 85 - Feb 2023
January 29, 2023
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Book review: Environmental law and diplomacy by Donald Kaniaru

As an insider, Kaniaru documents, through a collection of articles and speeches, the birth and development of IEL in the first 50 years. Uniquely, the author as a delegate, negotiator, drafter, implementer, capacity builder, judicial officer, and observer of IEL dives into negotiations of treaties, the seat of United Nations Environmental Programme (UNEP), internal workings […]

Human Rights, Issue No. 85 - Feb 2023, Social Justice Advocacy, Trending News
January 29, 2023
138 views 42 secs 0

Statement regarding the death of Thulani Maseko, Eswatini

Thulani was gunned down by masked gunmen in his home in Eswatini whilst watching television with his family on the evening of Saturday 21st January 2023. Thulani’s death also follows a deadly crackdown on of pro-democracy protests in the country in June 2021. The Commonwealth Lawyers Association note that the Commonwealth Latimer House Principles adopted […]

Elections Law, Issue No. 85 - Feb 2023
January 27, 2023
88 views 8 mins 0

Democracy under attack in Brazil: 5 questions about the storming of congress and the role of the military

In images similar to those from the Jan. 6, 2021, assault on the U.S. Capitol, demonstrators were seen overwhelming and beating police while breaching the security perimeter of the buildings. It comes weeks after Bolsonaro was ousted in an election that saw the return of leftist former President Luiz Inácio Lula da Silva. The Conversation […]