Author: NLM Correspondent

By Sunday Memba ‘’Viewing the erect penis as a per se signifier for consent and sexual pleasure subscribes to the notion that a man’s sexual desires are rooted in his penis and that rape is the result of desires which, once aroused in a man, cannot be controlled and for which women are to blame” – Victoria J. Dettman Historical references to male rape date back to Biblical times. The Judeo-Christian bible tells the story of Joseph and Potiphar’s wife. Joseph is seduced by Potiphar’s wife but rejects the request. Miffed, Potiphar’s wife accuses Joseph of attempted rape, and the…

By Ivan Kivumbi The right to bail/bond is anchored in the Constitution of Kenya 2010. Article 49(1) h States that an arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. Article 49(2) further States that person shall not be remanded in custody if the offence is punishable by a fine only or by imprisonment for not more than six months. Our criminal justice system, whose practice and procedure is anchored in the Criminal Procedure Code, underlines the provisions for bail/bond…

By Kevin Motaroki ICT Cabinet Secretary Joe Mucheru is as cool as they come. I had called him earlier in the day, and when he called back in the evening, he explained he’d been in TICAD. I was in traffic, and just then it got moving. I profusely apologised that I had to hang up, and could I please call back when I got home, half expecting a curt ‘don’t bother’ and a disconnection tone. Half an hour later, I rang him. He picked on the second ring, as cheerful as the first time. He must have been home because I…

By Patrick Mutinda “Death cannot be a reward that a society gives to those who devote their time towards upholding the rule of law and human rights” – Okubasu Dancun Munabi What is rather saddening is that while the police bear with themselves the duty to protect the dignity of every person, including the arrested, it is the same police that are, at present, in the thick of things, regularly accused of killing those in their custody. Perhaps we should call this murder in the first degree…And why not? Society is a characteristic of different norms which maybe ethical in…

By Newton Arori Extrajudicial killings are a direct violation of the right to life – enshrined in both the Constitution of Kenya and various treaties that Kenya has ratified. Article 26(3) of the Constitution is explicit that “A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law”. Such killings breed impunity by creating the impression that one can break the law and get away with it. The judiciary has been mentioned adversely as being as culpable at the police in the fanning of this trend. This article suggests some…

By Dr Victor Mutindah and Edwin Musonye What are implications and potential of the Standard Gauge Rail (SGR) project so far? There is a fast growing normalised attitude within the Kenyan society that we do not need to know details of things, and that the important thing is to have a cosmetic idea of what it is. This has led to increased complacency at all levels. The casual appraisal given to the SGR project, the single biggest infrastructural construction ever in the country, and subsequently in the region, confirms this reality. As there was more information on the Thika Super…

Cont’d from last month… By Dr Charles Khamala Bentham describes the chief executive as an office which must have, at its disposal, unlimited positions which to distribute as rewards, together with the salaries attached to such positions; it is therefore is in the character of corrupter-general. An Enlightenment paradox is that the modern education system has to educate and train persons for scientific and technological high culture – persons who will contribute to the advancement of science and technology and fill the management positions. No country is immune from the Internet revolution and its cybercrime scourge. In the late 1990’s,…

By Leonard Wanyama For all the angst towards Tanzania, the real competition that Kenya faces comes from Ethiopia and Uganda. Addis Abba, in particular, has been working the advantages of its efficient centralised planning to offer government incentives that provide cheap electricity, land and favourable tax holidays to interested investors. Most of the esteemed guests that Kenya has hosted through its economic diplomacy have also been chatting up its neighbour up North, and checking out its prospects from the corners of their eyes. A case in point is Aliko Dangote whose hopes for the establishment of a cement plant in…

By Bephine Ogutu It is Tuesday, 5 p.m. A screeching sound is heard immediately followed by a loud bang. Screams fill the air in short order. Curious and confused, people rush to the scene. In minutes, a huge crowd has gathered. People shake their heads in disbelief. The Southern Bypass, along the Kibera stretch, has claimed another life, the third in the space of one month. Jakindu, a male in his late thirties, was attempting to cross the bypass oblivious of the fact that this was his last day. The excitement the bypass brought upon its completion has now turned…

Alfred Mosoti In as much the vice of tribalism and negative ethnicity cuts across all tribes in Kenya and is, by extension, universal, nevertheless, anti-Kikuyuism has been a most conspicuous narrative in Kenya’s socio-political history. The bone of contention is the misconception, among other Kenyan tribes, that that single community has hogged national political leadership, thereby denying them political opportunities. Subscribers to this school of thought have accused the Kikuyu of domineering other ethnic groups with respect to political leadership, particularly the presidency. Among their mega grievances is the “crime” of fronting presidential candidates in each successive general election and…