Author: NLM Correspondent

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…

By PwC Team A crisis can touch many aspects of an organisation — from its financial, legal, and competitive standing to its technology, processes, and reputation. What too often gets overlooked is the human factor. After all, while companies are said to “face” crises, the reality is that it’s people who actually deal with them, and people who hold the key to outcomes. And, as crisis specialists, we know that how you treat your human stakeholders, both internal and external, will likely make all the difference in whether a company is irreparably harmed or emerges transformed for the better. Here’s the…

By Shadrack Muyesu K nowledge, critical thinking, mental fortitude and fidelity to truth in the face of adversity. Antonin “Nino” Scalia is the enduring personification of these four critical elements that constitute the moral being. They say that our experiences fuse into our personality; the past is an ingredient. It’s exactly what happened in Scalia’s case. Born into a Catholic family on March 11, 1936 as an only child, he would be an object of fuss for his larger family being particularly close to his mother who nursed him while his father, a college professor, fended for the family. Scalia…

By Lord Jonathan Sumption I shall begin with a quotation: “For 150 years, power has been deposited in Parliament, and for the last 60 and 70 years, Parliament has been becoming more and more unpopular.” Sounds familiar? The author of these words was not a lead writer in a daily paper or an angry demonstrator in Parliament Square; it was Benjamin Disraeli, perhaps the only true genius ever to rise to the top of British politics. He put them into the mouth of his hero, Sidonia, in his novel Coningsby. Coningsby was published in 1844 at a time of great constitutional…

By Daniel Benson Kaaya The majority decision in ‘Simon Mbugua & another v Central Bank of Kenya & 2 others [2019] eKLR’ in respect with the issue of whether the design of new Kenyan currency notes violates Article 231 of the Constitution, especially the design of the one thousand note, perpetuates and irrigates the mischief that the Constitution of Kenya, 2010 intended to uproot. The purpose of Article 231(4) was to exclude from the design of any notes and coins the likeness or depiction of any person. The purpose is to depart from personal branding and adoration of individuals through…

By Antony Mutunga In the digital era, the gig economy has created new opportunities, especially in the developing world. Gigs are becoming the new norm, and 8 to 5 jobs are not the only way to source an income. Today, if you have a skill, you can use it in your free time or full time to earn. For instance, around the world, many people have taken advantage of the gig economy through the likes of Uber and Airbnb. Its characteristics are flexibility, greater independence, and the choice to select what job one wants is what has attracted most people…

BY Mark MacCarthy The US Department of Justice, the Federal Trade Commission, and state attorneys general have grabbed headlines over potential antitrust cases against digital platforms. But advocates calling for expanded sector-specific regulatory controls are playing the longer game. They benefit from widespread scepticism that antitrust actions under current jurisprudence and resource constraints will justify society’s interest in the proper operation of big technology companies. Proponents of a new regulatory regime seek to define the scope of a new regulatory regime based on the standard conception of digital platforms as digital companies that provide service to two different groups of…