Author: NLM Correspondent

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…

“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…