The judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.
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 […]
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 CLA is dedicated to unifying lawyers from across the Commonwealth, promoting the rule of law, and supporting an independent and effective legal profession throughout its member countries. Mbeneka has been a Council Member of the CLA since 2019 and has also served as a former Council Member of the Law Society of Kenya (LSK). […]
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 […]
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 […]
SUMMARY OF FINDINGS Having considered the allegations as framed in the List of Allegations and Summary of Evidence dated 28th June 2022 in light of the totality of the evidence tendered, the Constitution and applicable law, the Tribunal makes the following findings.
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 […]
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 […]
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 […]
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 […]