Author: NLM Correspondent

By Kenyatta Otieno I recently found myself at the Makadara Law Courts. I have visited the courts several times in the past to offer (moral and financial) support to quite a number of people. On this day, I was surprised when I found some members of Judiciary staff holding prayers outside the courts before people could go in. When we went in, I was impressed when I saw screen on which case particulars scrolled slowly for people to see which court to attend. That is the legacy of retired Chief Justice Dr Willy Mutunga. It is prudent for every Kenyan…

By Shadrack Muyesu The justicability of gender equality under the Constitution has seen the emergence of an interesting trend in the local public service sector. Deputy positions are increasingly becoming a preserve of women even as the traditional patriarchal order persists. The support this trend has received has emboldened women leaders to go a step further and even demand their own CDF-sque kitty. The recent application for the vacant positions of Chief and Deputy Chief Justice (where all but one of the CJ applicants were male with reverse numericals for the DCJ post) comes as the most recent manifestation of…

By Jaafar S. Abdulkadir Kenya’s agricultural sector is increasingly gaining a greater footing as a driver of economic expansion, heightening the need for financiers to rethink their strategies. As the sector grows, Islamic Finance providers have continued to deepen their investments to support the sector. Through Salam financing, institutions plying in Islamic finance are becoming critical in driving the growth of the agricultural sector, curving a strong niche that is redefining the engagements between the two industries — financial sector and agribusiness. Under Islamic Finance, Salam is an innovative financing contract considered appropriate for the production of primary commodities, especially…

By Antony Mutunga “Agriculture … is our wisest pursuit, because it will in the end contribute most to real wealth, good morals and happiness” – Thomas Jefferson, 2nd Vice President and 3rd president of the United States One of the oldest professions in the world, agriculture is the backbone of the Kenyan economy. It is not only the leading contributor to the economy but also one of the leading sectors in creation of job opportunities. It is the largest economic activity in the country even though Kenya’s arable land is relatively small – less than 12% according to World Bank.…

By Daniel Benson Kaaya “Microfinance stands as one of the most promising and cost-effective tools in the fight against global poverty” – Jonathan Morduch, Chair, UN Expert Group on Poverty Statistics After independence, many African countries (Kenya included) made a resolve to combat ignorance, poverty and diseases. It seemed easy and quickly realisable. Over the years though, the three issues still haunt even the current government. But some steps and systems have been formulated that promise to end this triple belligerence. This piece looks exclusively at poverty. One of the weapons devised to combat poverty is the establishment of commercial…

By Leonard Wanyama Recent crises in one form or the other have placed increased scrutiny on a number of high-ranking officials such as Cabinet and Principle Secretaries from time to time. The torching of schools shone a light on the workings of Dr Fred Matiang’i in the education sector. Loss of regional competitive edge in energy matters put Energy minister Charles Keter in the news following the Tanga embarrassment. Rising insecurity issues led to the firing of Joseph Ole Lenku while his successor, Rtd Major General Joseph Nkaissery, has been in the hot seat over treatment of protestors by security…

By Sunday Memba Nolle prosequi is the power of the prosecution to terminate a criminal trial at any stage before judgment. In “Crispus Njoga vs. The Attorney General (Criminal Application no 39 of 2000)”, nolle prosequi was defined as a merely procedural device through which the state can exercise her prerogative powers to end criminal proceedings. In the repealed constitution, the attorney-general had the power to terminate any criminal matter before judgment.  By virtue of Section 26(3) of the former constitution and section 82(1) of the Criminal Procedure Code (CPC), he was the bearer of this duty. Section 83 of…

By Kelvin Njuguna Mugwe “It is not every man who has the ability to defend himself on his own. He cannot bring out the points in his own favour or the weakness in the other side. He may be tongue-tied, nervous, confused or wanting in intelligence. He cannot examine or cross-examine witnesses. We see it every day” – Lord Denning, MR in Pett vs. Greybound Racing Association Ltd [1968] 2 WLR Hundreds of Kenyans thronged the Milimani Law Courts in Nairobi on September 28, 2015 in pursuit of free legal advice that was being offered by the Law Society of…

By Justus Jeffery Olaka There is no law providing for what would happen in a situation where a person who disappears for more than seven years without communicating with friends or relatives is presumed dead, and only reappears after such presumption. The ordinary rule is that after the death of a person, his/her property is distributed either in accordance to the law governing testate or intestate – having left a will or not. Does this rule apply to cases of presumption of death too? Supposing the answer to that question is in the affirmative, does it mean that in a…

By Newton Arori The legal profession is one of the oldest and most conservative. In fact, there is a controversial but prevailing belief that law is not a trade, but a noble calling. It is, perhaps, because of the foregoing that, for a long time in Kenya, as in many other jurisdictions, lawyers were not allowed to advertise their services. It was feared that advertising would commercialise and therefore cheapen the profession in the eyes of the public. The other reason for prohibition is the view that lawyers should be able to attract professional business based on their reputations as…