Praise to the Kenyan judiciary for its commitment to enhancing access to justice for all

As it stands now, plans are underway to roll out similar courts throughout the country, starting with Nairobi, with a particular focus on informal settlements, particularly Kasarani and Embakasi. What does this mean for Kenyans when it comes to matters to do with access to justice? It can only mean one thing: the Judiciary’s commitment […]

From translucence to opacity: Judicial appointments after the Victoria Gowri case

To this end, I first break down the ‘reasoning’ of the court in Anna Matthew. Second, I highlight that the logic employed in this judgment is legally untenable, and third, I examine the consequences of this judgment for judicial review of judicial appointments. Anna Matthew – The conspicuous absence of logic This judgment was delivered […]

“The struggle of memory against forgetting”: The Kenyan Supreme Court’s judgment on transitional justice

The facts of the case went back to 1992. They related to State violence against a set of protesters, collectively referred to as “mothers of political prisoners” (the reference is self-explanatory), and who were the Appellants before the Supreme Court. Appellants submitted that for a period of many months in 1992, they were subjected to […]

Jurisdictional challenges in holding social media companies liable for content moderation in Kenya: An analysis.

Justice Jacob Gakeri ruled that social media giant Meta can be sued locally, opening a new front for multinationals registered outside the country to face suits in Kenyan courts. The firm wanted to be removed from the case arguing that Kenyan courts do not have jurisdiction to determine the case. The social media firm argued […]

Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 31, 2023
348 views 5 mins 0

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 […]

Headlines, Issue No. 85 - Feb 2023, Opinions, The Judiciary
January 24, 2023
307 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 […]

Noordin Haji on trial: has the director of public prosecution failed the independence test? a scrutiny

The omphalos point of the study of political institutions is power and its uses. Even supposing we may be of the considered view that the concept of power is being associated exceptionally with politics or to say political science, but it is, in fact, exists in all dimensions of our social relationships. They are deeply […]

Fintech-driven financial inclusion and consumer protection: Kenya’s case study

Consumer protection has been entrenched in Article 46 of the Constitution which lays forth the rights of consumers including the right to the protection of consumers’ health, safety and economic interests (emphasis added), and gives Parliament the mandate of enacting comprehensive legislation on consumer protection.[1] To this end, the Consumer Protection Act provides for the […]