Background of the issue It is now a normal occurrence that cyclists are perceivedas less “worthy” road users compared to motorists. To defend this position, one may term it as a manifestation of social classes on the roads. With the less economically empowered- the cyclists, against the motorists with a stronger financial muscle. The aforementioned […]
When we look back at the brief, four-month legacy of Chief Justice UU Lalit, the ending of The Dispossessed is perhaps an appropriate framework to think through what has happened. It is true that four months is but a wrinkle in time. It is also true that these are four months in which a lot […]
The debate seemed to have been ignited during the vetting of the respective Cabinet Secretaries in the National Assembly. While commenting on the same, the Honorable Speaker empathically with a voice of authority noted that the position and the nomination were done in conformity with the constitution. He specifically addressed himself as to Article 152 […]
Interaction among humans is inevitable1 and no man can ever survive without relating with fellow men. Thus, sentiment such as ‘no man is an island.’ In South Africa, Ubuntu Philosophy has it that ‘I am because we are.’With interaction among different persons from different social, economic and political background it is beyond peradventure that there […]
Mediation is one of the dispute resolution mechanisms in the scope of Alternative Dispute Resolution mentioned under article 159 (2)(c) of the constitution of Kenya 2010. “Mediation simply refers to the process of resolving conflict in which a neutral third party (mediator), assists the disputants to resolve their own conflict. The process is voluntary and […]
The debate intensely sparked in the country in 2013 when the court, in Republic v Mohamed Abdow Mohamed [2013] eKLR, acquitted the accused, who was charged with murder. In that case, the prosecution counsel orally applied to court for acquittal of the accused based on the fact that the complainant’s family had accepted compensation from […]
Litigation has been complicated for the country’s impoverished citizens. This is due to the legal technicalities used in court, complex procedures, high costs, and delays in resolving disputes.1 Furthermore, there are impediments that the poor, as well as the marginalized and uneducated, face in their quest for justice. They include long distances to the courts, […]
Preliminarily, it is important that Kenyan legal scholars note that the Sports Disputes Tribunal has powers to determine questions of its own jurisdiction, a mandate akin to the principle of kompetenz-kompentenz in arbitration. This power is granted in Part VII of the Sports Act, 2013, as well as the Sports Disputes Tribunal Rules 2022, (Legal […]
Following a nomination and public participation stages, the award sought to recognize and reward companies, brands and businesses that have and continue to create an impact through their work and online presence. Therefore, while the award is a kind recognition of the positive impact of a “digitally fit publisher” in society, it is a timely […]
The Constitution of Kenya divided the Government into several branches principal amongst these being the legislature, the executive and the judiciary. The division is important because it gives specific powers to each branch and sets up a scheme of an arrangement called checks and balances. The essence of checks and balances is to make sure […]