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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
At the SC, Mary effortlessly refuted the presumption of marriage against Paul, on grounds, inter alia, that she was married to another person with the initials KM at the time she cohabited with Paul and as such, she did not have the capacity to enter into a marriage let alone to be presumed married. In […]
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 […]
