Author: NLM Correspondent

By Jane Wachira Supreme Courts in various jurisdictions have been praised for their contribution to jurisprudence; their well reasoned decisions have formed precedence for developing legal systems. This can hardly be said of the Kenyan Supreme Court, which has earned the unenviable reputation of being more ceremonial and ornamental than it is functional. Why does it cast the image of an institution whose hands are tied? Is it because of its limited jurisdiction? Is it because of the wording of Article 163 of the Constitution that established it? Is it about the court’s rules? Is it that it is so…

By Jane wachira S.M. Otieno, a prominent trial lawyer, died intestate in 1986. The respondents, members of the deceased’s Umira Kager clan sued his widow, Wambui Otieno, seeking to have him buried in his ancestral  home in Nyalgunga, Siaya, in accordance with Luo customary law. The widow, from the Kikuyu community, wished to bury him in their suburban home in Nairobi in accordance with common law. Wambui’s lawyer, John Khaminwa, argued that the deceased had, through Christian urbanised lifestyle, and statutory marriage to a non–Luo, forsaken tribal custom for a modern life, and that customary Luo burial therefore did not…

The litigation over the judges’ retirement age throughout the entire court structures, right from the High Court of Kenya to the Supreme Court, had a number of interesting turns and twists. Too much drama and emotion issued from the proceedings. Lawyers assumed centre stage and quite a number of them came out poorer. Professional decorum and even the quality of advocacy at the Bar were, in the process, brought to doubt and even shame. A number of players had their statuses enhanced whilst others came out very badly. Even judges were not spared. And activist Okiya Omtata emerged as the…

By Shadrack Muyesu Someone in Government must be horribly exasperated at the recent turn of events at the Supreme Court. And why shouldn’t they be? When X, a lobbyist, approached one of the top boys at the Court, the script ought to have been very simple: “ensure we have numbers at both the Supreme Court and the Judicial Service Commission. We shall surely need them.” It must have been easy to charm his victim, who is a known right leaning. But just to sweeten the broth, my guess is that he dangled a “we’ll front you for the next CJ”…

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…