Author: NLM Correspondent

The latest edition of Nairobi Law Monthly is out now, and it’s packed with insightful analysis and essential updates. Our cover story, “Raila’s Bumpy Road to Addis,” delves into former Prime Minister Raila Odinga’s challenging quest to become the next Chairman of the African Union (AU) Commission. This edition explores the significant hurdles Odinga faces as his rival, Mahamoud Ali Youssouf, secures a crucial endorsement from ministers of the Organisation of Islamic Cooperation (OIC). This endorsement has intensified the competition and presents a formidable obstacle for Odinga’s campaign. To understand the intricacies of this high-stakes race and the implications for…

With the swearing-in of Dorcas Oduor as Kenya’s first woman Attorney-General, the movement for gender empowerment has scored a major victory, but it also exposes the intrigues that have turned the State Law Office into a revolving door since 2020. Will she sail where others have sunk? This August 2024 Special edition of The Nairobi Law Monthly dives deep into pivotal moments shaping Kenya and beyond, bringing you in-depth analysis, insightful reviews, and powerful stories that resonate with the heartbeat of our nation What’s Inside: Editorial: A critical look at the selection panel for Kenya’s new electoral commission—why this move…

The estate of Dickson Kihika Kimani, previously at the epicenter of a dispute between the late politician’s widows and his over 40 children, estimated at Sh 600 million, is now bankrupt. John Githui, a lawyer representing two of the eight widows of the late politician, said that the estate cannot raise funds for its valuation. The case was heard in the High Court in Nakuru on Wednesday, where Justice Samuel Mohochi informed the widows that an evaluation ordered in 2019 had yet to be done. “The estate is broke and cannot raise money for its valuation. A property in Nairobi…

Paul Kagame has been sworn in for a fourth term as Rwanda’s president after winning 99% of the vote in last month’s election. While some hail Mr Kagame for bringing peace and stability to his country after the 1994 genocide, others accuse him of running a repressive regime in a country where ordinary people are afraid to openly criticise him. Rights groups say the margin of his electoral victory is proof of the lack of democracy in Rwanda. Only two candidates were allowed to stand against Mr Kagame in the 15 July election. In his four presidential elections, he has…

Olympic 5000m champion Beatrice Chebet face an acid test in her quest for a second gold medal in Friday’s 10,000m women’s final at the 2024 Paris Olympic Games. Chebet made a surprise victory in the 5,000m final on Monday night at the Stade de France when she floored double Olympic 1500m champion Faith Kiyegon, Dutchwoman Sifan Hassan and Ethiopia’s Tsegay Gudaf. The world record holder over the longer race will once again clash with reigning champion Sifan, Tsegay and her Ethiopian compatriots Fotyen Tesfay and Tsigie Gebreselama (29:48.34). Also in the mix are the Kenyan duo of Lilian Kasait and…

The first batch of Kenya’s Paralympics team arrived in Paris on Thursday oozing in high spirits ahead of the Games set to start on August 28. The team of 13 athletes and officials arrived aboard a Kenya Airways flight and travelled straight to Compiegne, which is about an hour’s drive from Paris. This is where they will camp as they do their final preparations for the Games. “I thank God for giving us journey mercies and enabling us to reach Paris safely. I also thank the Kenyan government for taking care of our needs as well and I can say…

Abraham Kibiwott is aware of the task lying ahead of his 3000m steeplechase team as they seek to reclaim the Olympic title in Paris, France on Wednesday. The World Championships bronze medallist will collaborate with Amos Serem and Simon Kiprop to recapture the gold that was last won by Conseslus Kipruto at the 2016 Rio Olympic Games. But with the 2020 Tokyo Olympic champion Moroccan Soufiane El Bakkali and Ethiopia’s world record holder Lamecha Girma in the line up, Kibiwott knows they have their work cut out. Kibiwott finished a distant 10th at the Tokyo Games. “The pressure from Kenyans…

Discover the latest insights and analyses in the August 2024 edition of Nairobi Law Monthly! For only Ksh. 150 (down from the original Ksh. 200), this issue offers a comprehensive look into the month’s most pressing problems. Download it now Highlights Include: EDITORIAL: A critical look at the new electoral commission’s selection panel and the urgency of its completion. BRIEFING: An in-depth examination of the state’s limitations on the rights of protesters. OPENING STATEMENT: Explore how CS Ndung’u pushed President Ruto to the brink. REVIEW: The deepening diplomatic ties between South Africa and China and their impact on global cooperation.…

Prior to the enactment of Section 1A and 1B of the Civil Procedure Act, Section 3A and 3B of the Appellate Jurisdiction Act and later Article 159 (2) (d) of the constitution of Kenya 2010, courts were sticklers of procedure, and it was common for pleadings to be struck out for reasons that were purely technical. This often resulted in injustice. The above-mentioned provisions of the law sought to remedy that problem. Article 159(2) (d) of the Constitution provides that “justice shall be administered without undue regard to procedural technicalities.” This principle is known as the oxygen principle, and it…

Poor performance stands out as the most common reason for employment termination. While it might seem straightforward, the authority employers wield over performance is not absolute when it comes to dismissal. Let’s delve deeper into this aspect of employment rights. ‘The subject of poor performance of an employee is a serious matter. Such requires thorough investigations before an employer can use such a reason as the basis for termination. The rationale is that an employee is hired for being competent for the job and upon confirmation, such an employee has been put to the test and passed’ – Justice Monica Mbaru…