Author: NLM Correspondent

By Kevin Motaroki Justice David Maraga is as open-minded as judges come. But even he is alive to the intrigues and politics that characterise appointment to important constitutional offices like his. It was not any different when the JSC interviewed him for Chief Justice; like any seasoned contender, he knew he needed to both victory and concession speeches – even as we concede the latter would not need to be read. He said in an interview with a local TV station that while it was not unexpected, he had been pleasantly surprised by his nomination. Born in 1951, Justice Maraga…

By Ahmednassir Abdullahi, SC Congratulations to Justice David Maraga on his appointment as Chief Justice of the Republic of Kenya; I welcome him to the burning crucible of the apex Judiciary office. The office of the Chief Justice is both a prestigious judicial seat and a powerful political office. Balancing the duality of the roles, with one eye on a lasting legacy and the other on verifiable deliverables, is the menacing task that awaits Justice Maraga. The CJ should be under no illusion as to the relationships he should look forward to at the Judiciary; he has many enemies both…

By Fuad Abdirahman One of the most dangerous gangs in the country operates in Nairobi’s Eastleigh area. The gang, commonly known as Super Power, is almost entirely made up of young boys. Together with Gaza of Kayole and 40 Brothers based in Eastlands, the Police have ranked them the top three most dangerous criminal gangs in the country in 2016. Over the years, the Super Power has committed numerous criminal activities ranging from murder, mugging, pick pocketing, and violent robbery – often stabbing their victims. Its members roam the busy streets of Eastleigh. They mainly operate at night, although they…

By Shadrack Muyesu Collapsing financial institutions have brought into focus the role and mandate of external auditors. Indeed, so much has been the blame laid at their doorstep that the Institute of Certified Public Accountants of Kenya (ICPAK) has come out to “blame” the supposed shortcomings on the external audit legal regime. But just how far should external auditors go? The International Auditing Standards (IAS) has it that an external auditor audits an institution’s financial statements with a view of ascertaining its financial health. The auditor’s opinion on financial statements deals with whether the financial statements are properly prepared in…

By KENYATTA OTIENO When Jesus Christ said that to he that has, more shall be added unto him (and whoever has nothing, even the little that he has shall be taken away), he was making a statement of fact whose gist his congregation in ancient Israel might not have comprehended. Jesus was preaching a social justice-based message, which forms the basis of the social democratic doctrine of Christianity today. His statement was typical of a capitalistic, man-eat-man society. The poor do not have the luxury to plan for the future; daily bread supersedes everything else. To them, their next generation…

By Dr Charles Khamala By analogy with organic life, J.C. Riddall (1991) illustrates that a legal system exists when it is independent and healthy. This means, first, that the laws, which are valid according to the system’s rule of recognition, are, in practice, obeyed by the majority of the population and, second, that the relationship of the officials to the secondary rules must be ones of collective acceptance. Thus it is a necessary, not sufficient, condition for officials to comply with or conform to secondary rules. Neither should their obedience simply accrue out of sloth or apprehension. Under Chapter Six…

By Kenyatta Otieno Controversy seems to be the second name of the youthful Mombasa Governor. He has been accused of acquiring a dubious academic certificate, dealing in drugs, grabbing public land, and smuggling contraband products through his Container Freight Services (CFS) outlets. Like a man waiting for a date with his destiny, Ali Hassan Joho has prevailed over whatever hurdle has been hurled onto his path. But he has admitted that, at the height of the mucky drug dealing allegations, he almost quit politics. An astute businessman, Joho is endowed with good looks, and the ladies can’t help “falling over…

By Shadrack Muyesu Acceptability and legitimacy or functionality and adaptability? Opinion remains divided as to what ideals mirror the perfect system of government. If it is the former, then this article must agree that liberal democracy is indeed the best system of government and, therefore, like Fukuyama (1992), the true end of history. But if the latter be an equally important goal, liberal democracy must be deemed an incomplete process. The Constitution of Kenya, 2010, effectively transformed Kenya into a liberal democracy (I have always insisted that this is just on paper). In its Preamble and the principles of good…

By Leonard Wanyama Are you shocked whenever Kenyans openly believe we might need a benevolent dictatorship for the sake of prosperity? Despite the humorous desire for a holiday, did the cheeky “Happy Moi Day” greetings strike your sensibilities as odd in the broader sense of the current democratic dispensation? Do you think it’s sensible for people to believe that criminals deserve to be summarily executed by law enforcement agents? These questions point to the fact that a significant segment of Kenyan society and officialdom essentially support punitive force as a means of governance or security management. This was clearly captured…

It was meant to have been a time for celebration. When on October 5th the Ethiopian government unveiled the country’s new $3.4 billion railway line connecting the capital, Addis Ababa, to Djibouti, on the Red Sea, it was intended to be a shiny advertisement for the government’s ambitious strategy for development and infrastructure: state-led, Chinese-backed, with a large dollop of public cash. But instead foreign dignitaries found themselves in a country on edge. Just three days earlier, a stampede at a religious festival in Bishoftu, a town south of the capital, had resulted in at least 52 deaths. Mass protests…