Prior to the enactment of Section 1A and 1B of the Civil Procedure Act, Section 3A and 3B of the Appellate Jurisdiction Act and later Article 159 (2) (d) of the constitution of Kenya 2010, courts were sticklers of procedure, and it was common for pleadings to be struck out for reasons that were purely technical. This often resulted in injustice. The above-mentioned provisions of the law sought to remedy that problem. Article 159(2) (d) of the Constitution provides that “justice shall be administered without undue regard to procedural technicalities.” This principle is known as the oxygen principle, and it…
Author: NLM Correspondent
Poor performance stands out as the most common reason for employment termination. While it might seem straightforward, the authority employers wield over performance is not absolute when it comes to dismissal. Let’s delve deeper into this aspect of employment rights. ‘The subject of poor performance of an employee is a serious matter. Such requires thorough investigations before an employer can use such a reason as the basis for termination. The rationale is that an employee is hired for being competent for the job and upon confirmation, such an employee has been put to the test and passed’ – Justice Monica Mbaru…
Protests: Will Gen Z Transform Kenya? For the first time in history, young people have forced the Government to concede and drop the controversial Finance Bill, and now they have trained their eyes on the Church and State, calling for far-reaching governance reforms. In an unprecedented turn of events, the youth of Kenya have proven their might by compelling the government to withdraw the controversial Finance Bill. This monumental victory marks a significant shift in the political landscape, showcasing the power and influence of Gen Z in shaping the nation’s future. As the dust settles, the youth have set their…
Deputy President Rigathi Gachagua has called on the youth in the country to keep peace and shun violence recently witnessed in the countrywide protests. The DP speaking during the burial of his elder sister Leah Wangari Muriuki at Mirera village in Laikipia East constituency, observed that the protests had been infiltrated and allegedly hijacked by criminals who were engaged in looting. “I want to, as a father to appeal to my children my sons and daughters listen to us as your parents, we wish to plead with you to call off the protests so that criminals do not hijack them…
Top comedian-turned-politician Michael Usi has been sworn in as Malawi’s vice-president at a ceremony held in parliament in the capital, Lilongwe. The 55-year-old replaces Saulos Chilima, who died in a plane crash earlier this month, along with eight other people. Dr Usi received a standing ovation when he spoke after his inauguration on Friday, saying he accepted the role with a mixture of sadness and gratitude. He promised to honour his predecessor’s memory and thanked President Lazarus Chakwera for believing in him as he takes up his position as vice-president in the power-sharing government. His appointment has certainly left Malawians…
The US has announced plans to ban the sale of antivirus software made by Russian firm Kaspersky due to its alleged links to the Kremlin. Moscow’s influence over the company was found to pose a significant risk to US infrastructure and services, Commerce Secretary Gina Raimondo said on Thursday. She said that the US was compelled to take action due to Russia’s “capacity and… intent to collect and weaponise the personal information of Americans”. “Kaspersky will generally no longer be able to, among other activities, sell its software within the United States or provide updates to software already in use,”…
Governors from the coast region snubbed a stakeholder’s consultative forum convened to address concerns raised on the sale and use of Muguka. The six governors were no show at the forum held at Maanzoni in Machakos on Thursday and only stakeholders from the muguka growing counties including Meru, Embu and Kirinyaga attended the meeting. In their resolution, the stakeholders called on President William Ruto to help end the stalemate following the ban imposed on the stimulant by the coast leaders. Led by Embu Governor Cecily Mbarire,the stakeholders argued that the ban had adverse economic effects in the muguka growing areas…
List of the most corrupt countries in Africa according to the latest corruption index study.
New Judges Face Litmus Test in Kenya’s Judiciary Are you ready to dive deep into Kenya’s judiciary challenges? This month, Nairobi Law Monthly brings you an exclusive editorial on the high-stakes journey of 20 newly appointed judges who are under immense pressure to combat corruption, reduce case backlogs, and deliver justice to restore the Judiciary’s reputation. But that’s not all! Our June Edition is packed with insightful articles, including: 📄 Pages 22-23 | Review: Unpacking American self-interest in international criminal justice and the implications of the Gaza indictments. 📄 Pages 24-26 | Review: The bold political moves of Jack Wamboka,…
Missions in Haiti Inc., a charity based in Claremore, said Davy and Natalie Lloyd were attacked and killed by gangs Thursday night in Haiti as reported by Fox23 News Agency. Missions in Haiti Inc. provided updates while in Haiti and the posts share details on the chaos in the country involving ongoing gang violence. Missouri State Rep. Ben Baker posted about the incident saying his daughter and son-in-law were killed. This is unfolding story and will provide updates as they become available.