By Julius Mukono “A corporation is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation confers upon it either expressly or as incidental to its very existence” This statement mirrors the difficulty of prosecuting corporations, particularly on criminal charges, which is an issue that legal jurisdictions around the world have tried to address. We can all agree, however, that corporates must account for their wrongs fully. Although corporate criminal liability is still a raw section of legal jurisprudence,…
Author: NLM Correspondent
Digital rights group the Electronic Frontier Foundation (EFF) is attempting to overturn parts of US copyright law which, it says, are unconstitutional. The Digital Millennium Copyright Act (DMCA) makes it illegal to bypass software that prevents the copying of protected work in many situations. But the EFF says that violates the right to freedom of expression by limiting what people can do with things they have purchased. It is now suing the US government. What is the DMCA? The DMCA was introduced in 1998, designed to address copyright for media such as film, music and photography in the digital age.…
Spending on security is often a well-guarded secret, and little information is in the public domain regarding the purchase of the 30 armoured personnel carriers for the police. However, government’s obsession with procurement of second-hand hardware to shore up military and police capabilities is well documented. Just four months ago, the government received two of the expected four refurbished Ukranian Mi-17 military helicopters that will be used for police patrol. Reports in local media stated that the two helicopters, each with a capacity of 40, were refurbished in Prague, Czech Republic, before being handed over to the Kenyan government. Another…
By TNLM Writer They were supposed to be the machines that made the difference in the war against terror in the Kenyan story; the ones to turn cops into heroes, and the bad guys into, well, not heroes. But the chronicle of the 30 armoured personnel carriers (APCs) purchased by the Kenya government, in a shroud of secrecy, from China is one that speaks of wanton waste and abundant ineptitude. At the commissioning of the APCs in February this year, President Uhuru Kenyatta was evidently excited. He extolled the “important milestone” that his administration had attained, in its mission to…
BY KIBE MUNGAI “The First Group of heroes are those conscientious police who are doing everything they can to institute serious changes as quickly as possible. Given the resistance they face from some politicians and members of their own departments, it’s like trying to reverse the rotation of the earth. Yet they push on… The other heroes to emerge are the relentlessly committed members and supporters of Black Lives Matter. They show up day after day, in city after city, getting their message across peacefully, articulately and with grace… In the end, both the police and the protesters who are…
By Luke Mulunda Pity, if you will, Kenya’s media houses. On one side, they have to be independent, reporting things as they are and even digging out scandals and filth in government, private sector and the civil society. Rarely do they audit themselves, though. On the other, they need to make money – and lots of it. Often they have to polish their faces and put on a smile to talk to the same parties they hit out at and expose, to get advertising, which is their main source of revenue. That’s the love-hate relationship that media has maintained with…
By Nadrat Mazrui Kenya’s economic development has been followed with keen interest after independence. For, unlike neighbouring Tanzania and Uganda, Kenya, under the leadership of Kenyatta, settled on a liberal economic growth as outlined in “Sessional Paper No. 10” of 1965, which spelt out Kenya’s long-term economic development – a paper that, despite outlining a blueprint for export-oriented capitalist growth, was given a socialist label (“Sessional Paper No. 10 on African socialism”) to appeal to the post-colonial rhetorical stance of breaking with colonialism. Liberation from colonial rule had been predicated on undoing the economic structure on which colonialism rested, and…
Dr Charles Khamala Corruption is a multi-faceted phenomenon. Its subject matter is wide, varied and elusive in scope. Further, because “corruption research is a taboo – a corrupt process in itself,” Keith Rosenn (1971) explains, this is why it has, until recently, been shunned. Therefore, diverse disciplines improvise different definitions to delimit the relevant bribery data. At its simplest, for Rick Stapenhurst and Shahrzah Sedigh (1999), corruption is “the abuse of power, most often for personal gain or for benefit of a group to which one owes allegiance.” Moreover, “no country is today immune from corruption’s corrosive influence.” Syed Alatas…
By Paul Ogemba Fresh questions have emerged regarding privatisation of a number of state corporations in the past few years with, claims that top government officials and well-connected individuals are behind the purchase of those corporations. Although the Privatisation Commission has denied dealing with companies associated with top government officials, sources within the commission aware of the processes of privatising the state corporations say it is open knowledge that several state officials have bought some of the privatised corporations through their proxies. “The lobbying for buying of shares in the state corporations is at times very unusual, when some people…
By Shadrack Muyesu “…The country has been borrowing about Sh40 million per hour that adds up to about Sh1 billion every day or Sh30 billion per month… (The Standard) “Government has been borrowing about Sh355 billion every year, an amount that is enough to construct about 10 Thika superhighways every year… this borrowing that has pushed up Kenya’s outstanding debt by Sh1.065 trillion in the last three years to hit Sh3.4 trillion… (The Standard) “…Uhuru oversees signing of Sh15 billion loan from China at State House… A Sh4.8 billion grant was for the construction of the Foreign Affairs ministry’s headquarters…
