Issue 90 - July 2023, The Judiciary
July 06, 2023
103 views 51 mins 0

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 […]

The Supreme Court of injustice: an anatomization of the Law Society of Kenya versus Communication Authority of Kenya & 10 others judgment                                                       

All over the world, the apex court serves as the final arbiter of disputes, interpreting and enforcing the law and upholding the Constitution. The function of an apex court is to provide the final interpretation of the law and to ensure that justice is delivered. This involves hearing appeals and deciding cases that have been […]

Issue 89 - June 2023, Technology, The Judiciary
June 01, 2023
249 views 14 mins 0

10 minutes into post-AI legal world

Over the past few weeks, quite a number of lawyers have asked me, somewhat jokingly: “Will there still be a job for me to do in a couple of years?” I feel compelled to answer this question here because I disagree with most of the answers likely to be given. As technology continues to advance, […]

Issue 88 - May 2023, The Judiciary
May 05, 2023
109 views 50 mins 0

For the people or with the people? An appraisal of the right to assembly and the practice in Kenya

The opposition has for decades been a headache to the government of the day through the organization of these demonstrations which springs from Article 37 of the Constitution. Under the wake of the new Constitution promulgated in 2010, the country has witnessed at least three demonstrations organized by the Opposition to wit: following the announcement […]

Human Rights, Issue 88 - May 2023, The Judiciary
May 02, 2023
64 views 31 mins 0

A blessing or a jinx? The impact of political opposition in contemporary Kenya: building an arena for effective political opposition

Democracy and opposition are supposed to go hand in hand. The nascent debate in Kenya is not just about whether democracy will survive, but about the quality of that democracy if it does. The role, functions, legitimacy and capacity of political opposition, in a situation where it is highly fragmented, constitutes a key aspect of […]