Author: NLM Correspondent

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By Sunday Memba “In the sphere of medical treatment, the refusal to accept a particular medical treatment might, inevitably, lead to a fatal outcome, yet the imposition of medical treatment, without the consent of the mentally competent adult, would interfere with the person’s physical integrity…” – Perry vs. UK (Application 2346/02 (2002) 66 BMLR 147 ECtHR) Under common law, the legality of a medical treatment or procedure will largely turn upon whether the patient has given a valid consent to it. Any procedure or treatment that does not meet the crucial test of consent may amount to the tort of…

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By Ian-Johnson Ondari There is an unusually volatile piece of legislation being deliberated that could have an overbearing impact on the legal and economic infrastructure, if enacted in its present form. The Nairobi International Financial Centre Bill (2016) will undeniably culminate in attrition of fundamental constitutional principles, barring the associated economic implications owed, in part, to the delicate governance structure. The International Financial Centre (IFC) was the brainchild of Kenya’s Vision 2030, and is aimed at encouraging Foreign Direct Investments (FDI) through the creation of a well-functioning financial system. Ideally, IFCs are jurisdictions whose laws and institutions provide optimal conditions…

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By Antony Mutunga China is the most populated country in the world; it has an expressway system that is estimated to stretch over 85,000km to serve its large population. However, the extensive expressway has led to the establishment of toll stations; it is estimated that over 70% of all tolled roads in the world are found in China. Despite being a way for the government to collect revenue, the toll stations have been met with opposition from the Chinese, who say it has brought more harm than good. People say that due to the toll stations, there is a lot…

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BY PHOEBE NADUPOI The Independent Electoral and Boundaries Commission (IEBC) recently gazetted rules to control campaign spending. Of interest in the new regulations is the capping of spending for each elective position. For a presidential candidate, the limit is Sh5.25 billion whereas aspirants for gubernatorial, senate or women representative seats shall not exceed Sh33.4 million. Further, those seeking to be members of county assemblies can only spend up to Sh10.3 million. Whereas controlling campaign spending is a good thing, setting high limits for campaign financing has the potential to lock out many potential political leaders. These upper limits seem to…

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Most tertiary institutions have listed among their graduate attributes the ability to think critically. This seems a desirable outcome, but what exactly does it mean to think critically and how do you get students to do it? The problem is that critical thinking is the Cheshire Cat of educational curricula – it is hinted at in all disciplines but appears fully formed in none. As soon as you push to see it in focus, it slips away. If you ask curriculum designers exactly how critical thinking skills are developed, the answers are often vague and unhelpful for those wanting to…

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By Kelvin Njuguna Mugwe The African continent, it has been argued, and justifiably so, is inseparable with foetid traits. These include, but are not limited to, despicable governance, illiteracy and archaic practices, among others. This state of affairs has constantly prompted the proclamation of passionate messages of hope. A notion of imaginary progress is always meticulously draped in the messages in a rather garbled manner. The sad reality, however, is that Africa has remained hopeless and stagnant, and when it moves, it is mostly in a retrograde direction. Seldom are the times that substantial progress is made; yet even in…

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BY PHOEBE NADUPOI 2016 KCPE and KCSE results will be highly anticipated. In the past, the credibility of the final examinations at both the primary and secondary school levels has not been guaranteed, and it has been an open secret that good grades were not a preserve of intellectually endowed students. Parents, teachers and students bought examination papers, and God knows what else might have gone on at Mtihani House. It is a shame how low we had sunk. Educationists had time and again queried how possible it was for, say, an entire class can get straight “A”s in total…

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It is generally assumed that people can learn to be more rational. That’s the purpose of The Sequences (a series of multiple posts on the Less Wrong website on the same topic, to coherently and fully explore a particular thesis), after all. And veteran Less Wrongers (a community blog and forum focused on discussion of cognitive biases, philosophy, psychology, economics, rationality, and artificial intelligence, among other topics) do seem vastly more rational than the average person. But maybe it’s a selection effect: maybe Less Wrong doesn’t make people more rational, it’s just that the people who are already relatively rational…

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By Tom Odhiambo Kenyans invest billions in education, yet many are sceptical of the value of schooling. It is common to hear Kenyans – who have taken loans to pay for their children’s school tuition – say that today’s schools, teachers and curricula are useless. Indeed, Kenyans talk about the value of education in Kenya today just as pervasively as they debate politics. Why this obsession with education? And is this concern peculiar to Kenya? No; it isn’t just Kenyans who worry every day that the school system isn’t worth the money spent on it. Across the border, Ugandans were…

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A wash of greenery is spreading over the globe, from central Africa to Europe and South East Asia. One measurement found that between 1982 and 2009 about 18m square kilometres of new vegetation had sprouted on Earth’s surface, an area roughly twice the size of the United States. The growth in greenery is a consequence of climate change. As the planet heats up, places that were once too chilly for most plants to grow have become steadily more hospitable. That extra vegetation, in turn, exerts its own effects on the climate. According to a team led by Trevor Keenan of…

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