Constitutional Law, Issue 87 - April 2023, The Judiciary
April 11, 2023
122 views 18 mins 0

Guest post: Judicial review of Governors’ delay in assenting to Bills – A response

Various Commissions like the National Commission to Review the Working of the Constitution and the Puncchi Commission have called for constitutional amendments to prescribe a time limit by which the Governor has to give his assent. However, no action has been taken in furtherance of these recommendations. The failure of legislative intervention necessitates judicial intervention by laying down standards […]

Elections Law, Issue 87 - April 2023, The Judiciary
April 11, 2023
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CLA statement regarding the removal of Ugandan Supreme Court Judge, Justice Kisaakye

During the election petition proceedings, Mr. Kyagulanyi made an application to file additional documents out of time, which application was denied by the majority of the court with Justice Kisaakye giving a dissenting opinion that Mr. Kyagulanyi had not been given adequate time to present his case. Justice Kisaakye was obstructed from reading out her […]

Issue 87 - April 2023, The Judiciary, Trending News
April 11, 2023
333 views 3 mins 0

Judiciary Advocates services go digital. The Judiciary in Kenya has launched an Advocates Management System dubbed ‘JAMS’.

The Chief Justice and the Chief Registrar of the Judiciary have specific statutory roles in managing the affairs of advocates in Kenya, including processing applications for admission of advocates, issuance of advocates’ annual practising certificates, and appointment and annual renewal of Notaries Public. They also maintain the Roll of Advocates, the Roll of Commissioners for […]

Agriculture, International Law, Issue 87 - April 2023
April 03, 2023
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Dietary insults and the checkmate of COP27’s negotiations: Rinsing nutritional genomics vis- à-vis the impacts of pollution on the Kenyan foods

The father of medicine, Hippocrates, advised against using medicines when a person could be healed by nutrition.[1] This implies that eating a healthy diet is crucial for maintaining good health and disease prevention. No wonder the modern adage says that an apple a day, keeps the doctor away. Put in another way, ‘Let food be […]

Constitutional Law, Issue 87 - April 2023, The Judiciary
April 03, 2023
208 views 18 mins 0

A jurisdictional analysis and critique of the Court of Appeal decision in Nairobi Civil Appeal No. 656 Of 2022 (The NSSF Case)

The Court of Appeal aptly gave the synopsis of the appeal before it. For clarity, it would only be appropriate if I replicate the synopsis in the manner which the Court did having in mind that the Court is composed of a bench of intellectuals with vast knowledge and experience. The matter arose from five […]

Book review: Queer lawfare in Africa – Legal strategies in contexts of LGBTIQ+ criminalisation and politicisation [Guest Post]

Queer Lawfare, according to the authors, is a strategy where rights and/ or laws are tactically employed to advance politically contested goals with regards to the rights of the LGBTQIA+ community. In the words of Siri Gloppen, Adrian Jjuuko, Frans Viljoen, Alan Msosa, the term “lawfare” used in the book describes the following:        The […]

International Law, Issue 87 - April 2023, The Judiciary
April 03, 2023
87 views 2 mins 0

Declaration on preserving and strengthening the independence of the judiciary and on ensuring the independence of the legal profession

This declaration reemphasises the importance to the rule of law of a functioning independent Judiciary, properly funded and comprised of appropriately appointed judges. In addition, an independent legal profession is critical to democracy, enabling government and public entities to be held to account. This meeting of Commonwealth Bar Leaders was an inaugural event for the […]

International Law, Issue 87 - April 2023, The Judiciary
April 02, 2023
104 views 13 mins 0

Decoding the Supreme Court’s election commission judgment – III: On Assuring accountability [Guest Post].

Others, including this blog, have already explained the Court’s two opinions. Therefore, in this piece, I will skip discussing the basic facts and issues outlined in the case. This post, moreover, does not seek to excavate reasoning I thought latent in the two opinions. Instead, I want to bring an argument about the ECI’s functioning into […]

Freedom of expression on the internet: How Justice Makau reduced freedom of expression to a cipher

This view is supported by Shadrack B.O. Gutto[1] who while analysing the evolution of constitutional Law in Kenya makes a fundamental point that the law was deployed as a tool for repression against political opposition and resistance to neo-colonial fascism.[2] He is also of the view that judicial officers are partly to blame for the […]