Author: NLM Correspondent

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…

“When you see that trading is done not in consent but by compulsion, when you see that in order to produce, you need to obtain permission from men who produce nothing, when you see money flowing to those who deal not in goods but in favours, when you see that men get richer by graft and pull rather than by work and austerity, and when it seems as if the laws  protect them against you rather than protect you against them, when corruption is being rewarded and honesty becoming a self-sacrifice…” – Ann Rand By Ahmed Farah …What do you…

By Okong’o Mishael Otieno The death sentence is grounded in the Penal Code and the repealed constitution. Scholars and legal actors have often held that the right to life isn’t absolute, as was held in Republic v Ruth Wanjiku Kamande [2018] eKLR and Republic v Joseph Malele Mutiso [2018] eKLR. The Constitution of Kenya 2010 provoked legal debate as to whether or not the mandatory death sentence flies in the face of Chapter 4 on the fundamental human rights. The mandatory death penalty was a law generally bequeathed on all former British colonies, as the penalty of murder under Common…

Before you seek legal help, you should do all you can to ‘encourage’ the debtor to pay you — send them a firm but polite letter that makes it clear what the amount of the debt is, what it is for, and by when you require payment. If you are a business, make it easy for your customers to pay their bills — consider a range of payment options. If all else fails, you may need to start legal proceedings. Find all the papers you have that relate to the debt and take them to your lawyer. Sometimes a letter…

By Omari Bradley Recent debate arising from a petition by Kibra MP Kenneth Okoth to legalise marijuana, demonstrate that the subject matter and aftermath of the petition has not inspired criticism in its broader essence. Often, the debates have focused on the same archaic misconceptions and misguided bedevilling of marijuana that were used in the first anti-marijuana campaign of 1930. Okoth’s petition is not particularly new to the Parliament. The first one was presented in 2017 by analyst and writer Gwada Ogot, followed by a further petition by researcher Prof Simon Mwaura. There is vehement opposition to such legislation out…

By Olukoye Michael “Whatever you say to the police can and will be misconstrued to support the prosecution. So when in doubt, keep your mouth shut!” – Annalise Keating, How to Get Away with Murder Murder. You have probably already condemned this article and its author to the seventh circle of Dante’s hell for writing this. Well, too bad. If you ask ‘Wanjiku’ what she thinks of lawyers, more often than not the answer will be along the lines of “they are bad people who defend murderers!” Having been condemned, tried and found guilty by the masses, it is only…

By NLM Writer Article 117 of the Constitution of Kenya 2010 and Section 12 of the Parliamentary Powers and Privileges Act no 29 of 2017 suppose that neither the Speaker nor any officer of the Assembly shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on, or vested in the Speaker or such officer by, or under the Act or the Standing Orders, and that no civil suit shall be commenced against the   Speaker, the leader of the Majority party, the leader of Minority party, chairpersons of committees and members…

Life for the first humans was undoubtedly brutal. They were in a constant struggle to stay warm and fed, while warding off predators and enduring an unforgiving climate. To survive, they needed to be tough, intelligent, and resourceful. And happy. Evolutionary psychologists theorise happiness was an adaptive advantage. It aided our survival in all sorts of important ways—it made us fitter, more attuned to our environment, more social, more energetic—and because happy people were more apt to survive, they were more likely to pass on their happiness genes. Like all evolutionary adaptations, happiness first occurred as a genetic variation, but…

By Alexander Opicho The Amazon book publishers has finally released the print and e-version of a new anthology of poems, short fiction stories, non-fiction, photo-stories and drama on the theme of Africanisation and Americanisation. The title of the anthology is Africanisation and Americanization; Africa vs North America. It has a collection of contributions from over forty writers from different countries all over the world – from Africa to North America, and even Australia. The anthology is a collection of stories and narratives searching for inter-racial, inter-sectional, and interstate meeting spaces between Africa and America. It is comprised of 107 pieces…