Author: NLM Correspondent

By Daniel Benson Kaaya Bancassurance is an arrangement in which a bank and an insurance company form a partnership so that the insurance company can sell its products to the bank’s client base. In this instance, a bank is the distribution channel for the insurance products. This arrangement finds its footing in the principle of incidental business that banks are allowed to engage in other than banking business. A cursory definition of incidental business would be activities functionally adjacent to the business of banking that enhance the quality and efficiency of its content and delivery, and activities that optimise the…

By Newton Arori Section 27 of the Civil Procedure Act lays down the general principle regarding the payment of costs at the conclusion of a suit thus: a) costs follow the event b) the event is that the unsuccessful party will be ordered to pay costs of the successful party c) the court has discretion as to who pays costs, the amount thereof and when they are to be paid. The discretion must be exercised judicially; it must not be exercised arbitrarily but in accordance with reason and justice. In Republic v Rosemary Wairimu Munene (Judicial Review Application No. 6…

Who will lead the only US financial regulator focused on protecting regular people? That’s a problem that will need to be solved by the courts, thanks to a legal mess created by president Donald Trump. The Consumer Financial Protection Bureau was set up after the financial crisis, when it became clear that part of the unravelling subprime mortgage bubble were exploitive contracts that led borrowers into loans they could never repay. But the CFPB’s advocacy for customers has led banks to fight the agency tooth and nail since its inception. The agency’s first director, Richard Cordray, stepped down on Nov.…

By Dennis Ndiritu The rights of the child had been forgotten for long, until the promulgation of the Constitution of Kenya 2010. This dispensation provides that every child has the right to a name and nationality from birth, free and compulsory basic education, basic nutrition, shelter and healthcare, protection from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour, parental care and protection. This includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not. Children are not to be…

By Teddy Musiga On the eve of the repeat presidential election in October 2017, the High Court of Kenya sitting at Nairobi rendered a decision that was later subjected to an appeal on that very day. The preliminary decision of the Court of Appeal was also delivered by dusk of the same day. Briefly, the High Court held that the Independent Electoral and Boundaries Commission (IEBC) failed to accord political parties and independent candidates a list of persons proposed for appointment as constituency returning officers at least fourteen days prior to the proposed date of appointment, and that the IEBC…

By Yasin Arkanuddin Vladimir Lenin speaks: Should We Boycott the State Duma? The party of the working class, the Russian Social-Democratic Labour Party, is becoming united. Its two halves are merging and are preparing for a unity congress, the convocation of which has already been announced. But there is still one point on which the two halves of the Party disagree—the State Duma. All Party members must be clear on this question, in order to be able to make a deliberate choice of delegates for the joint congress, in order to settle the dispute in accordance with the wishes of…

By NLM Writer No one can deny Right Honourable Raila Odinga is an enigma in Kenyan politics. He has made a political journey like no other politician has. Those who love him understand his sacrifice and passion; those who hate him loathe those very same principles. If there is a scale to measure sacrifice and commitment to good governance, he sits right at the top. Yet, even for enigmas, the sands of time do run out. And, as is with human life, the hourglass can never be inverted for anybody. He is an excellent statesman, but his sands in active…

Vincent O’Neill is not your typical diplomat. He is supposed to treat disease, but he doesn’t do that these days; he diagnoses (pun very much intended) foreign policy instead. In fact he is a Doctor Diplomat who has lived and worked in Africa for much of his professional life. He is a medical doctor – not of letters – and a large part of his life has been to craft and advice on policy relating to HIV prevention and aid under his government’s Foreign Ministry. He has been in the trenches too, having lived in Sierra Leone, Uganda and Malawi,…

By Jim Asudi Secession and marital divorce are triggered by identical factors including, inter alia, cruelty of the domineering partner, broken promises, and irreconcilable differences. However, unlike divorce where parties share matrimonial properties between themselves, secession is more of a geographical withdrawal of a people from the parent state, with the departing nation taking away only its manpower, movable resources and tax obligations. In both cases, the desired end results are autonomy, freedom and independence. All these should inevitably lead to happiness. But happiness, as social scientists opine, is very elusive. This makes separation a risky adventure. The uncertainty of…

By Antony Mutunga After the gruesome Second World War, the world was left in shambles. Then, more than ever, there was a need for new rules concerning the global monetary system. In 1944, a group of delegates representing 44 countries met at Bretton Woods, New Hampshire, to come up with new rules in what is today referred to as the United Nations Monetary and Financial Conference, or the Bretton Woods Conference. After three weeks in the conference, the delegates were able to draw up an agreement that they all identified with. The end result of the conference was that under…