Author: NLM Correspondent

NLM Writer A prominent Nairobi lawyer is under criminal investigations for allegedly stealing a document from the High Court Family Division’s registry. Despite not having been a party to a succession cause filed by the widower, Navin Kerai, lawyer Jotham Arwa has been accused of unprocedurally collecting letters of administration for the estate of Sapna Kanji Patel. The letters had been granted to Ms Sapna’s husband Navin Kerai. Arwa is the managing partner at Rachier & Amollo Advocates and was among the 90 candidates who had applied to be conferred the rank of senior counsel. He, however, was unsuccessful in the…

The Nairobi Summit on ICPD25 concluded in November in Nairobi, with partners making bold commitments to transform the world by ending all maternal deaths, unmet need for family planning and gender-based violence and harmful practices against women and girls by 2030. “The Nairobi Summit represents a renewed, re-energized vision and community working together to act and deliver. Together, we will make the next ten years a decade of action and results for women and girls, keeping their rights and choices at the centre of everything we do,” said UNFPA Executive Director Dr Natalia Kanem. The Summit, co-convened by the governments…

The Centre for Reproductive Rights (CRR) has called on government of Kenya to review the Sexual Offences Act (SOA) to reduce the number of adolescents being sent to jail for having consensual sex with their peers. The Sexual Offences Act does not make any distinction between sex among adolescent minors and sexual acts between adolescent minors and adults — all of which are classified and/or have been interpreted as criminal offences. The SOA also does not make any distinction between non-coercive and non-exploitative and coercive and exploitative sexual conduct between minors, and therefore criminalizes the sexual conduct among adolescents. Consequently,…

By Prof John Harbeson State fragility is pervasive throughout Africa and in other world regions as well. A high-level NGO-based Fragility Study Group usefully defined the phenomenon in 2016 as “the absence or breakdown of a social contract between people and their government.” One of the most profound manifestations of fragility so defined is forced internal displacement of peoples (IDPs) from their homes as result of other major causes of fragility. The Fund for Peace has identified these to include demographic pressures, group grievances, human flight and brain drain, uneven and/or weak economic development, poverty, public service failure, human rights…

The President is treading a dangerous path; he needs to stop. He should not cloud his judgment with his open dislike for the courts. Our Constitution was meant to provide solution to historical social and governance problems. Overwhelmingly passed at a referendum, it puts all power on the people to be exercised in accordance with itself. On face value, ours is a progressive constitution. Yet, as recent events reveal, there are massive problems both in construction and actualisation. It is not true to say, as many have, that the law is innocent, that ours is simply a political crisis and…

By Titus Bario and Ekesa Austin The drafters of the Constitution of Kenya, 2010, envisioned a state of affairs where the three arms of Government would exist structurally independent of each other but function in a mutually, complementary manner. The former state is what is referred to as separation of powers and the latter as a system of checks and balances. The doctrine of separation of powers was advanced by French theorist and philosopher Montesquieu. There is, however, nothing like absolute separation of powers. This is what led to the system of checks and balances, advanced to ensure that no…

By Ndung’u Wainaina  Judicial independence is enshrined in the Constitution of Kenya 2010. The independence of the judiciary underpins the rule of law and human rights and must be guaranteed by states both in law and in practice. An independent and impartial justice system not only ensures the implementation of the right to a fair trial but also acts as a fundamental check and balance against executive and legislative action. As such, judicial independence is integral to the functioning of a democratic state. The principle of the separation of powers is the foundation of the rule of law and ensures that…

By Homi Kharas and John MacArthur Pouring several colours of paint into a single bucket produces a grey pool of muck, not a shiny rainbow. Similarly, when it comes to discussions of financing the Sustainable Development Goals (SDGs), jumbling too many issues into the same debate leads to policy muddiness rather than practical breakthroughs. For example, the common “billions to trillions” refrain on SDG financing falls into this trap. While originally a useful device for calling attention to the need for a paradigm shift in financing, including from private sources, the meme’s emphasis on mega-aggregates is now a distraction from…

By Nyamwezi Throughout the 1970s, 1980s and 1990s, schools rugby in Kenya was dominated by five schools primarily i.e. Nairobi School, Rift Valley Academy, Kijabe (RVA), Lenana School, Alliance Boys High School and St. Mary’s School Nairobi. Times have truly changed for in the 2000s and 2010s, tables have shifted dramatically so that “nondescript rugby playing schools of yesteryear” have ruled the roost for close to 20 years now, including Musingu High School, St. Mary’s School Yala, Kakamega High, Maseno, Mangu, Muhuri Muchiri School Embakasi, Upper Hill, Kamukunji High and Laiser Hill Academy. It could indeed be said that “those…

Research has shown that the pressures of a crisis can trigger physical reactions capable of distorting perceptions, decisions and outcomes, including: stimulation of the amygdala, which activates the “flight or fight” response, reduction of available working memory and a (self-reinforcing) lack of sleep. These conditions can then impair executive function in numerous ways, including: a tendency to mistake assumptions for facts; the inability or reluctance to make any decision “until all the facts are in” (a luxury rarely available in a crisis); “tunnel vision” (seeing only the fire that needs to be put out, or focusing only on what has…