Author: NLM Correspondent

Zambia’s marred election this year is a particular disappointment. In 1991, it was the second country on the continent to expel an incumbent ruler at the ballot box, following Benin by a few months. It again booted out the ruling party in 2011, establishing a healthy pattern of alternation that now seems threatened. Zambia is an unnerving example of how democracy, which had seemed finally to be about to bloom on the world’s poorest continent, is still struggling to take root in many parts of it. Looked at through a wide lens of history, Africa’s standard of governance is almost…

By Nadrat Mazrui The 2030 Agenda for sustainable development adopted unanimously at the United Nations by Heads of State is, to say the least, highly ambitious. If it is to be taken seriously, it has the potential to change the development paradigm tremendously.  The sustainable development goals, herein referred to as SDGs, have the opportunity to correct the errors and misgivings of the Millennium Development Goals (MDGs). The MDGs failed to adequately address the flaws of the global economic and financial systems and the ecological sustainability. The 2030 Agenda, however, offers a response to urgent global problems such as accelerating…

By Shadrack Muyesu Constitutions have been defined as political charters that define relationships between the governors and the governed. As such, constitutional amendments are nothing more than political concessions that evidence supervening political moods. The place of the Constitution, however, demands that they be sufficiently rigid so as to rid the right to amend of mala fides, as well as safeguard its certainty. The truth of this statement not only suggests an inherent imperfection of the Constitution, it also alludes to the existence of superior rules independent of or within the Constitution which constitutional amendments bona fide ought to adhere…

By Kelly Malenya Some time last month, I spoke with a senior in the trade – an advocate admitted to the bar way before I was born. It was a casual talk and I sought to pick his brain on the seemingly common but very pertinent topic of “judicial independence”. According to him, most of us, young lawyers and even litigants who never interacted with the judicial system during the one-party State, may take for granted liberties we enjoy now that cost many lives then. He observed with concern that he had not seen many of us appreciate and show…

By Dr Charles Khamala Unless proceedings are open to public scrutiny, officials tend to strike clandestine deals.  “Organised,” “enterprise” and “syndicated” crimes thus display a market-basis and benefit from the business world’s analytical concepts. The effectiveness of different regulators is explicable by Marxist dialectics between the state, business interests, pressure groups and public opinion. Many lives can be saved, for instance, with rudimentary attention to safety measures to prevent the great harm emanating from the spate of Kenya’s collapsing building constructions and other industrial accidents. However, Laureen Snider (2002) explains that industrialists, who sacrifice healthy working conditions upon the altar…

By Kenyatta Otieno Aside from entertaining, football teaches us many other things. Now you know why some politicians in Kenya have been christened “Messi” and “Captain” in the past. Politicians have also love using football imagery in their speeches. Some have told a losing side to change their coach or captain if they expect to win the next elections. Every good football team or player knows what to do when they have the ball. Exceptional teams and players know what to do when they don’t have the ball. Playing football without the ball is the hallmark of football talent. This…

By Sunday Memba “When wooing a girl, you can promise her heaven and earth, but once she is safely ‘in the pocket’ you don’t have to make any more promises” – Retired President Daniel Moi In my study of political history, I met Ambrose Bierce in Chickamauga. Bierce sees politics as strife of interests masquerading as a contest for principles, the conduct of public affairs for private advantage. If any individual with an objective mentality reflects on why President Uhuru Kenyatta assented to the Political Parties (Amendment) Act, 2016, he s/he will agree with the American fabulist. The President opened…

By Wafula Wakoko Elections encompass processes through which people who meet basic requirements select representatives. Owing to the gravity linked to donation of one’s power, international best practice dictates that all persons who qualify to vote should be facilitated to participate in elections. In tandem with the aforestated, the Constitution of Kenya stipulates that adult citizens are entitled to vote. Pragmatically, however, not every Kenyan adult who qualifies to vote is accorded that opportunity due to lack of identification documents. Entitlements of citizens By dint of Article 12 of the Constitution, every citizen is entitled to, inter alia, the right…

By Ali Abdi “It’s sort of like a teeter-totter; when interest rates go down, prices go up” – Bill Gross When it comes to the world of banks and interest rates, three words come to mind: overwhelming, intimidating and frightening. For us “regular folks”, the questions seem never-ending. For example, if interest rates are low, they, in the long run, create a lot of activity in the market. At that point, how do we deal with inflation rates? Last month, the President passed the Banking (Amendment) Bill, 2015, which now introduces new sections to the Banking Act. Section 31A will…

By Samuel Wahome Abraham Lincoln once said that the tree of liberty is watered by blood. This couldn’t be truer in the Kenyan context. Its common knowledge that in all the “accomplished” democracies of the world, the current enjoyment of rights was preceded by an immense struggle for the same. Since the post-colonial and pre-colonial period when Kenyans united for a common cause, the price paid for liberty has been high. But the gains made have been well worth it. Nevertheless, weaving through history in the murky waters of the early political regime, it is evident that the rights Kenyans…