Author: NLM Correspondent

By Rosemary Okumbe In 2016, the Office of the Ombudsman (Commission of Administration of Justice) moved to court to challenge the constitutionality of the 2009 Motor Underwriting Guidelines issued by the Insurance Regulatory Authority. The Ombudsman alleged that the guidelines had stifled competition in the insurance industry by setting minimum rates for premium prices. By introducing the guidelines, IRA had sought to set minimum premium rates that were aimed at protecting the insurance industry, whose stability had been threatened by unsustainable price wars. The upshot was to ensure that strong and stable companies protect the interests of the public. In…

By Francis Monyango When the Universal Declaration of Human Rights was being drafted over 50 years ago, no one could have foreseen the impact of some of its provisions on the future. Priority was world peace as the world was just healing from the Second World War. Article 19 of the UDHR, which was later adopted by Kenya in its 2010 Constitution, provided for the right to freedom of expression, which includes “(a) freedom to seek, receive or impart information or ideas; (b) freedom of artistic creativity; and (c) academic freedom and freedom of scientific research.” Since, at the time…

By Washington Ndegea A lot has been done for the insurance industry in advancing its growth, but it seems that a lot still needs to be achieved. Kenya’s insurance growth quotient is at a penetration rate – the total value of insurance premiums as a proportion of Gross Domestic Product (GDP) – of about 3 per cent. This doesn’t compare with a country like South Africa at 13 per cent, thus showing that we are still far behind one of the countries with the highest penetration rates in the world. A look at figures from Insurance Regulatory Authority (IRA) for…

Google, Convergence Partners, International Finance Corporation (“IFC”), and Mitsui & Co., Ltd. (“Mitsui”) have signed an agreement to invest in CSquared, a broadband infrastructure company focused on building wholesale metro fibre optic networks and enabling Internet access in Africa. CSquared will operate as an independent company headquartered in Nairobi, Kenya with cumulative capital commitments of up to $100 million. CSquared has operational networks in Uganda and Ghana and plans to deploy networks in more countries. The transaction is subject to customary closing conditions. This partnership will combine Google’s technical knowledge and expertise in deploying and operating wholesale metro infrastructure in…

By Tom Odhiambo One of the most (ab)used claims about democracy is that it derives from the will of the majority – to live and be governed together. Democrats proclaim from on manner of podiums that theirs is a system of governance that guarantees the rights of all and sundry, but from the votes of the majority. And they swear that democracy is the best form of governance. They insist that democracy is largely ruling by and through the law. Yet today democracy seems to have little to do with the voices of ordinary people. Money talks a lot in…

By Fuad Abdirahman In the run up to the 2013 General Election, the Garre clan, who make up the majority of Mandera, hatched a plan that would see them dominate county politics. The plan would also allow them to share positions equally among its sub clans while allowing other clans considered “non hostile” an opportunity to lead – as long as they abided by Garre terms. The formula was dubbed “negotiated democracy” and would be based on a consensus between the Garre, Degodia, Murale and other smaller Somali clans in the county. To aid their cause, the Garre conscripted the “Institution…

By Rev Dr joseph wandera But I say to you that listen, love your enemies, do good to those who hate you, bless those who curse you, pray for those who abuse you. If anyone strikes you on the cheek, offer the other also; do to others as you would have them do to you – Luke 6:27-31 (NRSV) Although Kenya is by law a secular state, with constitutionally enshrined freedom of worship, religion continues to be present in the public sphere, functioning as a key framework for communal life. Beginning with the quest for democratic space in the 1990s,…

By Jeremiah Wanyeki In the novel Still Alice, published in 2007, Lisa Genova invites us into the life of Alice Howland, a celebrated fifty-year-old Harvard Professor. We watch as the early onset of Alzheimer’s disease creeps upon her and her life disintegrates, yet emboldens us, and finally we are left with the alluring message of tender love. Somewhere in the novel, Genova writes, “Even then, more than a year earlier, there were neurons in her head, not far from her ears, that were being strangled to death, too quietly for her to hear them. Some would argue that things were…

BY David Matende Almost all TV and radio stations, including the most provincial vernacular radio, have one or two of them. They are now a regular feature on prime time slots. Others have invaded the limitless platform of the Internet, where they ply their trade using social media networks such a Facebook. We are talking about Kenya’s political analysts – the men and women that purport to interpret major political events for us. While in the past one needed to read the Sunday newspapers for perspective on the big political questions of the day, today, one only needs to press…

By Daniel Benson Kaaya A modern credit-based economy requires predictable, transparent and affordable enforcement of both unsecured and secured credit claims by efficient mechanisms outside of insolvency, as well as a sound insolvency system – World Bank Principles and Guidelines for Effective Insolvency and Creditor Rights System [April 2001] One of the key characteristics of insolvency law is ensuring the honouring of a creditor’s claim by the debtor. A creditor’s claim ought to be honoured pari passu. The pari passu principle ensures the rateable and equitable distribution of the assets of the insolvent company among its creditors. In ensuring this…