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 […]
Firstly, more recently, more than any technology before it, Artificial Intelligence has taken root in the legal profession and will indeed transform the practice of law to unimaginable heights. The process to fit it as a supplementary to human power is already underway. Its success will be a determinant of the future of this high […]
Thank you, and God bless you all. Hon. Justice Martha Koome, EGH is the Chief Justice and President of the Supreme Court of Kenya
The article attempts to analyse both the local and universal jurisprudence on rape laws and to show that exemption for marital rape does not align with the fundamental principles of justice and equality. The article argues that marital rape should be criminalised. The article further discusses the causal factors in addition to the effects of […]
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 […]
This paper will try to debunk the maxim “nemo tenetur seipsum accusare,” which means “no man is bound to accuse himself”. In doing so, the paper will analyze the scope and the implication of the right against self-incrimination as has been examined in different contexts, its impact on criminal proceedings and its waiver thereof. An arrested person […]
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 […]
All in all, let us put it into perspective, or rather examine it from a legal eye. Socio- economic rights are deponed by virtue of Article 43 of the Constitution of Kenya.[1] Sibonile Khoza of South Africa describes them as human entitlements that warrant a dignified life.[2] These include the right to food, housing, clean […]
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 […]
