Author: NLM Correspondent

Compiled by nilfat kassim  and Sylvia Kangara Some rich jurisprudence has been churned out during retired Chief Justice Willy Mutunga’s tenure. Where he concurred, he made his case passionately and energetically; where he dissented, he was convincing and eloquent. In the excerpts following, we bring you snippets of some of the rulings he gave as President of the Supreme Court. Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2015] eKLR: “All Courts must consider the principles and values of the rule of law, participation of the people, equity, inclusiveness, equality, human rights, transparency and…

By Ahmednasir Abdullahi After five years at the helm of the Judiciary, Dr Willy Mutunga hung his gloves on June 16, 2016. Mutunga’s exit was in the manner of a pernicious pugilist who had just won a tough fight in the ring, with his hands held high. Kalpana Rawal and Philip Tunoi were victims of Mutunga’s last act as Chief justice. The symbolism of his victims was not lost on Kenyans. That the two judges of the Supreme Court defied and made a mockery of the Constitution was a huge blow for the entrenchment of the rule of law; it…

One of the most (mis)used phrases in official script by those who want to suck up to those in authority is “Thank you for finding time out of your busy schedule…” And Dr Willy Mutunga’s classic rejoinder has always been “What busy schedule?” He had no illusions as to the vastness of his ‘power’. With this unpretentiousness came his distaste for bureaucracy, which is how he set about demystifying his Office, and becoming the people’s CJ. He has never been out of reach, not if he can help it. And as he took his bow last month, the former CJ…

BY DAVID WANJALA The debacle in the Supreme Court of Kenya, which has come to be referred to as Chief Justice Willy Mutunga’s “parting shot” in some circles – it pitted three applicants, two of whom happened to be members to the bench of the same court against their employer, the Judicial Service Commission – emanated from a granted application to Justices Philip Tunoi and DCJ Kalpana Rawal, by Justice Njoki Ndung’u. The applicants, aggrieved by the decision of the Court of Appeal that unanimously upheld that of the High Court capping judges retirement ages at 70, sought orders, among…

By Antony Mutunga Global leaders at the Davos Forum in 2015 had discussions on the major problems affecting the world, which included the economic position of the world as the main topic. But they forgot to tackle one issue that threatens to become the next global crisis which has already started, in the form of youth unemployment. Youth unemployment has been growing at an alarming rate worldwide with more than 70 million youths unemployed, which constitutes to about a third of the world’s youth population. The International Labour Organisation has projected the global youth unemployment rate to be at 13.2 percent…

Prof. Constantine Nyamboga Globally, there is overwhelming evidence of the existence of gangs, many of which – particularly those found in Kenya – are ethnic-based. A gang, according to Miller and Klein (2011), is an organised group with a recognised leader, whose activities are either criminal or, at the very least, threatening to the community. From the Italian Cosa Nostra, commonly known as the Mafia, to locally famous gangs such Sungu Sungu, Taliban, Mungiki, Siafu and Kamjeshi, the existence of deadly gangs is at alarming levels. More continue to emerge despite various interventions by government. For instance, Kenya established a…

By Shadrack Muyesu The most fascinating characteristic of a human being is the ability to lie to himself and actually believe it. Equally fascinating is the praise that modern society heaps on persons who demonstrate an unrivalled ability to accept information without question and reproduce it absent contradiction. Good students of history swear that our independence is the gift of an unrelenting sacrifice of blood that our forefathers lovingly made. Keen interrogators of the same history, however, refuse to believe that a disciplined British force could have been defeated by a ragtag group of African militia wielding homemade guns and…

By Kenyatta Otieno Recently, I watched horrific video footage of the attack on the Kenya Defence Force (KDF) base in El Ade by Al Shabaab. My bubble bust when I tried to narrate it to a friend, who told me that the original one, which showed captured KDF soldiers, had been brought down by YouTube. The clip generated mixed feelings when I heard how the captured soldiers gallantly underwent their ordeal without a hint of regret. And I asked myself; how many Kenyans can take a bullet for their country? Because I know that as things stand, despite being sufficiently…

By Tijan Jens The Coalition for Reforms and Democracy (Cord) is in disarray. Three weeks ago, its principals began squabbling. The genesis of the fight stems from the fact that one of them, Raila Odinga, the Orange Democratic Movement leader, skipped the presidential launch of Ford Kenya’s Moses Wetang’ula, one of the three principals in Cord. The Wetang’ula launch at the historic Masinde Muliro Gardens – a hallowed ground according to the Luhya community – not only carried a lot of weight but symbolism too. It is on this backdrop that Wetang’ula, who has openly shown his desire to occupy…

By Paul Ogemba The divide between Attorney-General Prof Githu Muigai and Solicitor-General Njee Muturi is widening as each seems to be pushing an agenda parallel to that of the other. Muturi is, structurally, a junior officer in Githu’s State Law Office, but his actions in the past have revealed a man close to the instruments of power and one who is not bothered about overshadowing his boss in many roles and at several state functions. The supremacy battle is further enhanced by Githu’s apparent appetite for the position of Chief Justice, which has been left vacant following Dr Willy Mutunga’s…