Author: NLM Correspondent

If you have been dismissed and you think that the dismissal was unfair, you may find recourse in court. Where you believe your dismissal was based on discriminatory grounds (age, sex, race, disability, pregnancy, family or carer responsibilities etc.) or if it occurred because you exercised your workplace rights, you may be entitled to make a general protections application. This sort of application (which is also known as an “adverse action” claim). Made redundant? If you are employed under an award or an enterprise agreement, your employer is obliged to consult with you concerning any proposed redundancy. If your employer…

By Edwin Musonye It’s the Executive, Legislature and Judiciary. That is the answer readily given to the question, ‘what are the [three] arms of government?’ So entrenched is the concept in our thinking that we never interrogate it even when have made changes ourselves. The answer also seems standard across many countries – as can be deduced from Google Search responses. However, the current situation may allow us to appreciate the separation of responsibilities among the branches of government differently. The most compelling viewpoint is that the responsibilities are shared out to the national and county government, and State organs.…

By nyambane N. Imprisonment at the President’s pleasure refers to detention in prison for an indefinite length of time. The length of such detention depends on the inmate’s conduct, and imprisonment terminates when the reviewing body reports to the Office of the President that there has been a significant change in the offender’s attitude and behaviour. This means that ‘imprisonment at the President’s pleasure’ can be very short, or it can be a life sentence if no decision is made after sentencing to end the term. Traditionally, the practice applies to minors and lunatics. Imprisonment at the President’s pleasure must…

By Newton Arori A preliminary objection refers to a point of law raised by a defendant, usually at the preliminary stage of a suit. If the court upholds the objection, that renders the rest of the proceedings impossible or unnecessary and consequently, the case will be dismissed. Locally, the leading authority on preliminary objections is the case of ‘Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696’, where Justice Law rendered himself as follows: “A preliminary objection consists of a point of law which has been pleaded or which arises by clear implication out of pleadings and…

By Shadrack Muyesu Facts The petitioner was arrested on 14th February 2016 and charged at Senior Resident Magistrates Court, Mbita, on February 15 2016 with the offence of defilement contrary to Section 8(1) as read with 8(4) of the Sexual Offences Act. He faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the same Act in Criminal Case No 7 of 2016. He pleaded not guilty to the charges and the matter proceeded to hearing where the complainant and a clinical officer testified – he was unrepresented. Later on the matter was…

By Abdiqani Ismail Although there is no precise definition for it, it’s generally agreed that judicial activism is a doctrine which proposes that judges can and should creatively interpret the text of the law in order to serve a judge’s own visions regarding the needs of contemporary society. More moderate definition can refer to the extent to which judicial review can be fairly considered an enforcement of the will of the constitution, without an infusion of the judges’ own political beliefs or preference. This theory has been around for a long time,  albeit with different conceptualisation. The debate of the…

By NLM Writer Africa Plantation Capital won the Best Agribusiness Company of the Year Award by Kenya National Chambers of Commerce and Industry (KNCCI) first in 2016 when it surprised all by edging out the usual giants in both real estate and service industry. With an amazing rate of growth, Africa Plantation Capital (APC) had succeeded in establishing a strong footprint in Kenya in just over a year. It has ever since, it seems, established a stranglehold on the prize, winning it in the two subsequent years, 2017 and 2018. It has not come easy though. APC has not wavered…

By Victor Adar Kenya industry players have backed a move to form a National Advisory Board (NAB) to anchor policy interventions for inclusive and sustainable development through impact investment, with investors, social entrepreneurs, development finance specialists and policy-makers discussed the need for a coherent approach to impact investment. NAB presents an opportunity to identify opportunities and resolve challenges faced by impact investors and entrepreneurs by engaging policymakers and informing the development of national impact investment strategies. “We appreciate the platform provided by GSG for countries’ engagement to co-create policy interventions for inclusive and sustainable development through impact investment,” said Betty…

By By Marleze Loggerenberg Urban areas in East Africa are struggling to meet the high demands for electricity, water and sanitation, and poor, inefficient utility delivery continue to plague many governments. Year-on-year, urban population growth continues to add pressure to an already over-loaded grid. Electricity and water supply is intermittent and often not regulated enough or not properly monitored, and complexities such as disparate systems and multiple service providers contribute to the growing problem. Apart from increasing demand, many of these countries also struggle with aging infrastructure, which can make utility provision unsafe` as well as unreliable. Electricity supply is…

Tanzania finally protecting its ‘unique’ endangered rainforest Tanzania’s government has announced it will protect a tropical forest long recognized for its high biodiversity value and as home to numerous endangered primates and plants. The government said it would protect the 6,463-acre Magombera Nature Reserve at the foot of the Udzwunga Mountains after researchers showed the forest was at risk of being wiped out from poaching and logging. Described as “globally unique,” Magombera hosts several diverse and threatened tree and animal species, including monkeys and galagos. The area is also considered an important wildlife corridor for African elephants and hippos. Investment in irrigation is paying off…