ICC upholds jail term for Ugandan rebel commander Ongwen – why it matters for Africa

Ongwen was the first Lord’s Resistance Army leader to be found guilty of the crimes during which thousands were killed or displaced in Northern Uganda. His commander and Lord’s Resistance Army founder, Joseph Kony is still at large. The US is offering up to US$5 million for information leading to his capture. One of Kony’s […]

Is the Kenyan Sale of Goods Act outdated for modern commercial transactions? A reform proposal

However, the act has not undergone any significant amendments, as is the case in other countries like the UK. As a result, the Sale of Goods Act (SGA), Cap. 31 Laws of Kenya, has proven to be insufficient for modern business transactions. The Act contains a number of antiquated sections that need to be reformed […]

Of two-thirds gender rule and Supreme Court composition: A commentary on the Court of Appeal decision in Civil Appeal No 234 of 2017

The gender principle passed in the 2010 Constitution was an unintended consequence of the underrepresentation of the women gender consistently in all arms of government since independence. Article 27(8) requires the state to take legislative measures to implement the principle that not more than two thirds of the members of elective and appointive bodies shall […]

Our freedom heroes and heroines deserve appreciation

Let’s recall some great men, who’ve been  Fighting for our rights Let’s recall some great men, who’ve been Fighting for our rights Let’s recall some great men, Who have been fighting for our rights Let’s recall some great men, who’ve been fighting for our rights Recall them, recall them        -Burning Spear- ‘Perhaps you and […]

Commercial Law, Issue No. 85 - Feb 2023, Trending News
January 27, 2023
361 views 30 mins 0

Should Kenya tax its way out of the “hole”? Kenya’s 2023 taxation outlook

This paper, therefore, looks at the 2023 taxation outlook in Kenya and discusses areas of change to the national tax policy and recommends adjustments that will reduce the country’s consistent deficit brought about by low tax collection. This paper further proposes some changes to the tax side of the budget that would help increase revenue […]

Family Law, Issue No. 85 - Feb 2023
January 27, 2023
129 views 30 mins 0

Re-imagining the place of parental consent in Customary, Hindu, and Islamic marriages in Kenya

In Kenya, an adult’s right, among others, is to marry a person of the opposite sex. The marriage must be based on the free consent of the parties.[1] The right to marriage is also internationally recognized.[2] As a culturally diverse society, parties to an intended marriage are free to marry under different systems but must […]

Commercial Law, Issue No. 85 - Feb 2023, Trending News
January 27, 2023
135 views 46 mins 0

Law and State in relation to the bourgeoisie and the proletariat: Is labour undervalued in Kenya?

Substantive arguments The true value of labour A labourer who knows the true value of his labour is an unwelcome guest within a society that has embraced capitalism. Labour has proven to be essential, and the same opinion manifested itself in the mind of John Locke when he came up with the labour theory of […]

Is it okay for Kenya Revenue Authority to monitor your M-Pesa transactions?

The proposal by KRA that has been lingering in many people`s minds is the plan to integrate its tax system with the telecommunication companies, the target being Kenyans who majorly transact via mobile money platforms. KRA will be tracking the 16 percent value-added tax (VAT) on sales as well as the 20 percent excise duty […]

Headlines, Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 24, 2023
394 views 4 mins 0

The specialist courts are not lesser temples of justice

The recent judicial appointments to the Court of Appeal by the President, upon recommendations of the Judicial Service Commission, stand in sharp focus for their omission or lack of consideration of any of the judges from these specialized courts at Article 162. The distinctiveness of these courts was a matter of deliberate constitutional design to […]