Author: NLM Correspondent

BY NLM writer The story of the Kenyan State has mostly been written from the heart, seldom from the head. George Orwell, in his fictional, allegorical barnyard, called it primitive patriotism – championed by political figures who “cordon themselves off with protective layers of unquestioning followers around them.” The choices made are fashioned to tell and sustain stories of hot-air gallantry. Justice Aaron Ringera, as chair of the Kenya Anti-Corruption Commission, spent a great deal of his time at State House. He was buddies with President Mwai Kibaki; after all, the President had re-appointed him when politicians and legislators had…

By Payton Mathau Last month, the Firearms Licensing Board (FLB), the premier private firearms regulatory body, cancelled the licenses of all gun dealers and shooting ranges countrywide in a quest to control use of weapons. In a move seen to have been effected at the behest of the National Intelligence Service, all licenses for the twenty-one registered gun dealers and shooting ranges where all licensed individual gun holders practise, were suspended forthwith. Meanwhile, the FLB moved the Central Firearms Bureau (CFB) from Nairobi Area to Mandera Road in the leafy Kileleshwa suburb, as it initiated efforts to streamline issuance and management of firearms and ammunition in the country. An intelligence brief shared with…

On its way to dismissing the appeal and affirming the High Court’s Judgment, the Court of Appeal made what we consider a pronouncement of jurisprudential import. The Court stated thus: “Unless a trust is proved, the respondents have neither possessory nor occupational rights that can be protected as overriding interests… We hasten to add that to prove a trust in land; one need not be in actual physical possession and occupation of the land.” In so asserting, the Appellate Court was echoing (and therefore affirming) an earlier holding by the High Court in James N. Kiarie v. Geoffrey Kinuthia &…

kenya is joining a short list of African countries trying to develop their own locally-made phones. The government is putting aside Sh1 billion to boost startups working in the mobile telephone software and hardware industry. Information and communications technology minister Joe Mucheru said last month the move was aimed at bolster manufacturing, making phones that are “suitable for our markets,” besides driving the prices of phones down. By announcing this, Kenya is undertaking a project similar to those in nations including the Republic of Congo and South Africa. Last December, Egyptian president Abdel Fattah al-Sisi also launched Nile X, a…

By David Onjili According to a Central Bank of Kenya report released early October on the state of financial sector stability in Kenya reveals the banking sector accounts for more than 60 percent total assets in the sector as at December 2017. In the same period, credit growth declined owing to “demand and supply factors” as households avoided credit, and the prevailing weak corporate structures in the country. Kenya’s financial sector, which includes deposit taking institutions (commercial banks), non-deposit taking institutions (insurance, pensions and capital markets industry) and financial market infrastructure providers, is regulated and supervised by Capital Markets Authority…

The demand for grade-A warehousing, which delivers significant cost savings and efficiency for users, currently far exceeds supply in the country, with warehouse users reporting that finding suitable facilities is frequently impossible, according to recent research by Tilisi Developments. This shortage contrasts sharply with overbuild in some other real estate segments. The oversupply of commercial space in Nairobi reached 4.7m sq. ft in 2017, while retail space oversupply reached 3.7 m sq. ft. Meanwhile, the supply of mall space rose by 41.6 percent last year, even as demand stagnated. As a result, according to Knight Frank’s 2018 Kenya Market Update report,…

South African President Cyril Ramaphosa declared himself in economic “repair mode” at a major investment conference last month as the country raised a total of Sh5.5 trillion from investors to help haul itself out of recession. The former union leader, who inherited a mismanaged economy from the scandal-plagued Jacob Zuma earlier this year, wants Sh10 trillion of new investments over the next five years. Investment commitments of almost Sh2 trillion were made at the conference, Ramaphosa said. He had already secured pledges for some Sh3.5 trillion, mainly from China, Saudi Arabia and the United Arab Emirates. Ramaphosa has made reviving…

The Capital Markets Authority (CMA) has warned Kenyans against engaging in online foreign exchange trading through unlicensed entities as they risk losing their investments, and may not be protected by the law. CMA has regulatory oversight over all entities offering online foreign exchange brokerage services in Kenya, which includes not only investor protection but also supervision of such entities. Although the Authority’s chief executive Paul Muthaura did not name the culpable entities, he noted the Authority has licensed only EGM Securities Limited (formerly Execution Point Limited) to operate as a non-dealing online foreign exchange broker. Regulation 3 of the Capital…

By Shadrack Muyesu Bail is not a privilege; it is a right. Unless the Prosecution can demonstrate the existence of compelling reasons for which an accused should not be granted bail, courts have a duty to grant bail. It is immaterial that the accused gave proper reasons in their bail application. It is also immaterial that they applied to be granted bail in the first place. Where an accused person has not applied for bail, the Court, acting on its own motion, has a duty to not only inform them of this right, but to also grant bail on reasonable…

BY TNLM Writer Imagine it’s a Friday evening, you are from having a meal at your favourite restaurant with your friends, chatting excitedly and as you prepare to go home, when a policeman stops you and directs you to a awaiting police vehicle. Your charge? Causing disturbance – for any range of reasons, including crossing a road or having a conversation. It happens more frequently than you’d imagine, with statistics showing that one in ten Kenyans will spend time in police custody every year. This state of affairs is unwelcome and unnecessary in a country and continent looking to empower…