Author: NLM Correspondent

Prof. John Harbeson The British vote to exit the European Union may turn out to be the defining event of the first decades of the 21st Century. This may be true for many reasons – some of the more important implications may become visible only over the course of the several years it will take to complete the negotiations on withdrawal. My hunch is that no matter how the negotiations turn out, the fall-out from the vote may have fundamentally important implications for an already profoundly changing global economic and political order, including for African countries’ positions in that evolving…

2016 has seen Kenya play host to a number of foreign dignitaries and high profile conventions. However, any joy we may derive from our status as a burgeoning regional hub comes juxtaposed with the sad reality of heavy traffic snarl-ups, particularly whenever these guests are around. For a city that looses millions daily due to congestion, such times can only mean double or even triple up of these losses. Does the economic benefit of hosting these personalities (or events) outweigh the daily losses in revenue we suffer then? Successive governments have been elected to office on the promise of addressing…

REPUBLIC OF KENYA IN THE SUPREME COURT (Coram: Mutunga CJ&P, Ibrahim, Ojwang, Wanjala and Njoki SCJJ.) CIVIL APPLICATION NO. 11 OF 2016 BETWEEN HON. (LADY) JUSTICE KALPANA H. RAWAL……….……..APPLICANT AND 1. JUDICIAL SERVICE COMMISSION……… 2. THE SECRETARY, JUDICIAL SERVICE RESPONDENTS COMMISSION…………………………………………. 1. OKIYA OMTATAH OKIOTI…………………………. INTERESTED PARTY 1. INTERNATIONAL COMMISSION OF JURISTS 2. KITUO CHA SHERIA AMICUS CURIAE 3. LAW SOCIETY OF KENYA AND CIVIL APPLICATION NO. 12 OF 2016 BETWEEN 1.JUSTICE PHILIP TUNOI…………………………… APPLICANTS 2.JUSTICE DAVID O. ONYANCHA………………… AND 2 1. JUDICIAL SERVICE COMMISSION……… 2. THE JUDICIARY……………………. RESPONDENTS THE LAW SOCIETY OF KENYA……………………………………………………….3RD AMICUS CURIAE RULING OF MUTUNGA CJ…

REPUBLIC OF KENYA IN THE SUPREME COURT (Coram: Mutunga CJ & P; Ibrahim, Ojwang, Wanjala & Njoki, SCJJ) CIVIL APPLICATION NO. 11 OF 2016 HON. (LADY) JUSTICE KALPANA H. RAWAL ……………………………. APPLICANT VERSUS JUDICIAL SERVICE COMMISSION …………………………….….… 1ST RESPONDENT THE SECRETARY, JUDICIAL SERVICE COMMISSION ……………………………………………………………..…. 2ND RESPONDENT OKIYA OMTATA OKOITI ……………………………………….. 1ST INTERESTED PARTY LAW SOCIETY OF KENYA ……………………………….……. 2ND INTERESTED PARTY INTERNATIONAL COMMISSION OF JURISTS (K) ……..….1ST AMICUS CURIAE KITUO CHA SHERIA ………………………………………………….. 2ND AMICUS CURIAE RULING OF MOHAMMED IBRAHIM, JUSTICE OF THE SUPREME COURT INTRODUCTION [1] The genesis of these matters now before the Court is the…

By Phoebe Nadupoi Every time I see media clips of senior government officials making their hands dirty as they launch this or that youth project – often in informal settlements – I light up with hope. But, almost always, the optimism does not last. Such projects are often hampered by myriad issues, including poor management and deep-rooted corruption. This, unfortunately, mirrors the reality that characterises management of our youth constituency. Youth are the hope of any given society. It, therefore, follows that a society that invests in its youth secures its future. The converse is also true. It is established…

By Kelvin Njuguna Mugwe The Kenyan society is hopelessly devoid of unity and this has been occasioned by the absence of unifying factors that inspire consensus. One interesting phenomenon, however, offers priceless solace: sports. The effect of sports on the Kenyan society cannot be over-emphasized. Sports has had the unrivalled effect of making Kenyans retract from their detestable tribal cocoons and sing one unified song of praise and love for fellow countrymen. But this effect is not limited to the temporary stitching of the riddled Kenyan fabric; according to PricewaterhouseCoopers (PwC) the sporting sector will increase its earnings twofold to…

By Nadrat Mazrui Every single one of our households has a domestic worker who assists in the daily activities and running of our homes. The domestic worker might be either male or female depending on our personal preferences. Have we ever pondered even for a single moment how is it that our domestic worker ever came into that line of work? Or do we simply assume it was a voluntary choice due to financial reasons? Majority of our workers would tell us (if we bothered to ask) that they had a variety of dreams just like you and me and…

By Shadrack Muyesu The most economically developed states are those that best mirror the peculiarities of liberal democracy. It’s no coincidence, therefore, that the world’s oldest democracies are also the most developed (with “gas states” the only ones defying this rule). While myriad reasons are given in explanation of this phenomenon, history is unanimous that liberal democracy as a precursor to economic development is slow and therefore not best for application where quick development is required. Even then, the net success of liberal democracy varies depending on the nature of the society. As Fukuyama, Lipton and many others argue, maximum…

By Jaafar Abdulkadir As Islamic banking continues to make strides into the mainstream financial services sector in Kenya, players are increasingly redefining their relationship with customers. But, just how does Islamic banking operate? How do the financiers cushion themselves from customer defaults and associated risks? Islamic banking operates on the basis of contracts that are deemed legal and lawful as per Shariah standards, on condition that these contracts are free from any prohibition. Some of the prohibitions include the provisions of interest, popularly known as riba, financing of non-permissible activities, speculative and excessively risky activities. The contracts can be designed…

By Leonard Wanyama For some reason, President Uhuru Kenyatta always seems to jump and react to concerns of religious leaders more than members of the business community. This is surprising since it can be said that he is a dyed-in-the-wool member of the private sector. As a competitive oriented entity, such occurrences should make the industry raise an eye brow in regard to this. This can be observed, quite recently, from the beehive of activities that have emerged from the spectacle of danger following protests against the Independent Electoral and Boundaries Commission (IEBC). Kenya has always had an inherent “ideology…