Author: NLM Correspondent

By Ali Abdi The extension of psychology to a broader array of legal issues is inevitable. Law and psychology occupy a special place in the “law and” pantheon. That is, psychology and law share a common purpose: both constitute efforts to predict and control human behaviour. Law, on the one hand, has historically relied on ad hoc accounts of human behaviour that are motivated by ideology, anecdote, and historical accident. Psychology, on the other, offers an empirical, scientific source for theories of human behaviour. So far, we have only begun to see how the scientific study of human behaviour is…

By Kelvin Njuguna Mugwe Desperate times call for desperate measures, so the saying goes. The honchos of the ruling coalition ascended into power exceptionally desperate to win over residents of the Coast region of Kenya. This was after they received lukewarm support from the residents of the region in the 2013 elections. The UhuRuto partnership had been derided by the opposition throughout the campaign period for being the reason the region is engulfed by numerous land problems. Much to the chagrin of the President Uhuru Kenyatta, the Coalition for Reforms and Democracy (Cord), skilfully advanced the notion that the land…

BY CHRISPINE AGUKO Do you ever wonder why those gangs that control parking slots in Nairobi’s CBD never get arrested? Well, that is because Nairobi City County officers  are in on it. Rogue county officials work in cahoots with parking gangs to collect extra fee on cars all over the city, but particularly within the CBD. The often-given excuse used to extort motorists is that the parking boys have to fend off vandals. And the business has become more lucrative with the increasing number of cars on the roads today ‒ it is never easy finding a parking slot, particularly…

Daniel Benson Kaaya “Some people make a claim that I will paraphrase as follows: ‘…a lot of votes could affect an election. Therefore, it is important that you vote, because the votes add up. Because a lot of votes matter, each individual vote matters.’  This argument is an example of the fallacy of division. This fallacy is committed when one asserts that what is true of a whole must also be true of a part of that whole” – Mark Brandly, Professor of Economics The right to vote is the foundation of any constitutional democracy. The respect and observance of…

By Kenyatta Otieno I grew up in the former Western Province. I first learned the Idakho dialect in Ikolomani then Tiriki in Kaimosi and Maragoli during my time in high school. Later, in my quest to understand Luhyas, I realised that they might not be a tribe after all. This was after travelling to Kakamega as an adult and listening to West FM broadcast their breakfast show in Kiswahili. At a deeper level, the languages of the eighteen sub tribes have similarities even where its members may not understand each other. Last year, Cotu Secretary General Francis Atwoli came up…

Shadrack Muyesu International Humanitarian Law was supposed to inject much needed morality into the element of war. But, on the evidence of matters, IHL has so far failed in this quest. Why? Some blame the text in IHL instruments, some the lack of goodwill in implementing otherwise decent laws, and yet others the insensitivity of humanitarian law to emerging realities. But who is right? The IHL regime is complex, hazy and no doubt backward in light of everyday innovation. However, erroneous interpretation and application of IHL as it is presents a far greater stumbling block in the clamour for moral…

BALBINA, a woman from Mombasa, Kenya’s main coastal city, remembers fetching her neighbour Abdullah’s body from a police station. “It wasn’t so terrible,” says Balbina (not her real name). Surprisingly, “there was not even any blood.” The wound was hidden at the back of his head; his face was serene. He was killed by police, in what they claimed (but she does not believe) was a shoot-out. “Abdullah did wrong. He went to Somalia, maybe he killed innocent people.” But he deserved justice, she says, not to be shot in the back of the head without a trial. Such stories…

Alpha Femi Auditor General Edward Ouko is no doubt a man under siege by forces determined to clip his powers and ensure he does not have the leeway to question massive plunder, when it happens, of public funds by State and county agencies. From a move by the National Assembly to amend the Public Audit Act and a petition in Parliament to remove him from office over allegations of abuse of office, the auditor general has chose not to take things lying down, and instead fight for his independence. Unlike in similar situations where the Office of the Attorney General…

Dr Charles  Khamala Disorderly doctors display a condition whose therapy is “four walls.” On January 5, 2017, Employment and Labour Relations Court Judge Helen Wasilwa rejected a Collective Bargaining Agreement purportedly signed between the Kenya Medical Practitioners, Pharmacists and Dentists Board Union (KPMDU) and the Health Ministry in 2013 because “it is unregistered, invalid and hence unenforceable”. Thus, the “four walls” therapy was administered on January 10, 2016 to cure their continued defiance of her return-to-work order. The first problem is that KMPDU were initially dissatisfied with the government’s failure to implement its promised 300 per cent pay hike. However,…

NLM writer For the last eight months, the seven judges of the Supreme Court of Kenya have been unable to agree upon or elect their representative to the Judicial Service Commission of Kenya (JSC). Justice Dr Smokin Wanjala, who was the court’s representative for the last five years, is seeking a second term. So far no one has formally declared an interest in running against him – even as it is revealed that virtually everyone, save for the Chief Justice wants to run – yet no elections have been held for the last eight months. Multiple sources who spoke to the…