Author: NLM Editor

On December 4, the African Court on Human and Peoples Rights delivered a landmark opinion on colonial era vagrancy laws, which criminalize activities such as loitering, public indecency, and begging. The judgment has the potential to help reshape criminal justice policy and practice in dozens of African countries and reduce prison overcrowding. The Court issued an Advisory Opinion in response to a case brought by the Pan African Lawyers Union and found that vagrancy laws or bylaws in nearly every country in Africa discriminate against marginalized populations including women, children, people with disabilities, and others. “These vague and arbitrary laws,…

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The World Bank has said it will commit $12 billion as concessional loans to assist African countries access foreign vaccines. During a virtual meeting on the Africa COVID-19 Vaccine Financing and Deployment Strategy, the WB informed that the emergency vaccine financing projects in Africa, including Ghana, Democratic Republic of Congo, Ethiopia, Niger, Mozambique, Tunisia, Eswatini and Cabo Verde. The funds are available now, and for most African countries, the financing would be on grant or highly concessional terms — IFC is working to mobilize financing for vaccine production and therapeutics focused on developing countries. Since the outbreak of Covid-19 last…

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Kenya is bracing for a surge in toxic political rhetoric in the coming months amid renewed agitation for a rotational presidency. President Uhuru Kenyatta set the tone for the rotational presidency debate last month with remarks at a funeral suggesting he would prefer a person from an ethnic community other than any of the two that have produced the country’s past presidents to succeed him. His remarks on January 9 have particularly unsettled supporters of Deputy President William Ruto who see them as part of a scheme to block the DP from ascending to the top seat. Ethnicity is considered…

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Somalia last month threatened to withdraw from a regional bloc after the group ruled in favour of Kenya in a diplomatic row between the two countries. A fact-finding mission was created by the Intergovernmental Authority on Development (Igad) in December 2020 in an intervention aimed at easing tensions between the two neighbouring countries. On December 15, Somalia cut diplomatic ties with Kenya and wrote to the regional bloc of eight members, demanding an independent mission to verify claims that Kenya was arming and training militia to fight the Somalia National Army forces stationed in Gedo near their common border. Led…

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By Patrick Smith Tribunals and courts that are holding companies to account on charges of corruption and environmental destruction are changing the economic weather, little by little. It has been a period of reckoning for some of the world’s biggest resource companies in Africa and the governments they make deals with. It started on 22 January when Geneva’s Tribunal Correctionnel handed down a five-year prison sentence to Franco-Israeli magnate Beny Steinmetz on charges of grand corruption and money laundering. Presiding judge Alexandra Banna concluded that “Steinmetz was the main beneficiary” of a criminal operation to secure mining rights in Guinea…

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It is not just in Kenya that constitutional democracy is under sustained assault. Different events around the world point to a similar trend: the storming of the Capitol in Washington in December 2020, the coup in Myanmar, the changes of regime in Poland and Hungary, the overall failure of the Arab Spring movements and the rise of toxic nationalisms around the world all make it difficult to see a bright future for constitutional democracy under the rule of law. Kenya’s constitutional democracy, which finds expression in the 2010 Constitution, is often hailed as an exemplar of what modern democracy should…

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By Cynthia Wairimu As a child I would play with hair just because. I would sit and as I watch something or get engrossed in another, I would find myself playing with one or two strands of hair; it was ritualistic. As I grew up, with tension and anxiety from my studies, I found myself pulling out whole braids from the scalp of my head, mainly at the back – without feeling any pain mind you. It was weird; the back would not result in pain but the front would. I would not be comfortable until I pulled out a…

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BY JACOB OKETCH Willy Munyoki Mutunga of Kenya, Our Hero of Justice, a semi-fictionalised Biography for Young People, written by Elizabeth Orchardson Mazrui, is a book that is highly recommended for not only the young people but also all Kenyans who have a sense of where we should be headed concerning justice and fairness. This book is mainly about the life and times of former Chief Justice and president of the Supreme Court of Kenya Dr Willy Mutunga, with a specific focus on the trajectory of his human rights and overall justice attainment efforts. In that sense, we can argue…

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By Alfred Deya, Terry Mwango and Cecil Kuyo The Kenyan branch of the Chartered Institute of Arbitrators (CIArb) recently unveiled its revised Arbitration Rules, 2020 (the Rules). The Rules came into force on October 1, 2020 and will apply to all cases registered after this date. The Rules provide a more comprehensive set of procedural rules as compared to the 2012 Arbitration Rules which it repeals. We highlight below the most significant changes brought to domestic arbitration, by the Rules, as well as the key issues to look out for when drafting arbitration clauses in contracts. Model arbitration clause The…

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One of the most common questions that personal injury lawyers are asked is “how long will it take to resolve my claim?” The answer to this question varies. Cases can take different amounts of time because of a number of important factors. Some of the factors that may affect the timing of resolving a personal injury claim include the following. Nature of the case Cases that are considered standard may be faster to resolve than other types of cases. For example, motor vehicle accidents are usually faster to settle than other types of personal injury cases, including medical malpractice or…

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