Author: NLM Correspondent

Kenyatta Otieno Once upon a chilly morning at the Upper Kabete Campus of the University of Nairobi’s College of Arrogant and Violent Students, students gathered for a Kamkunji. The agenda was to eject Professor Mukunya as the Principal. The erratic but conniving professor literary ran for dear life upon confronting the students and his office was locked. To make sure he did not come back, students picked the Dean Faculty of Agriculture, a diligent man of few words, and appointed him the new Principal. Then Vice Chancellor Prof. Chrispus Kiamba was called in to witness the change of guard pending…

By Kevin Motaroki Kenya’s economy accounts for close to 43 per cent of East Africa’s Gross Domestic Product. This is about as much as Tanzania and Uganda combined, which make about 27 and 20 respectively. Rwanda accounts for eight per cent and Burundi two. When analysts cast Kenya as a regional powerhouse, therefore, it is not without basis. Last year, National Treasury CS Henry Rotich presented a Sh2 trillion budget for the 2015/2016 financial year. Nairobi, Kenya’s most important county, and the nucleus of the country’s economy, was allocated Sh12.7 billion in the current financial year. The county has also…

By Prof. John Harbeson That post-Cold War democratisation has peaked in Africa since about 2005 and has been stalled or even retreating in the succeeding decade has been observed so frequently that one may reasonably ask if partial democracy is now the new normal in the region and perhaps elsewhere as well.  For example, a recent essay in an influential US publication suggested that democracy only needs to be “good enough,” implying that the aspiration to full democracy prevalent not so long ago has become unrealistic, if indeed if it was ever realistically unattainable. Perhaps for that reason, studies of…

By Calvine Oredi The ability to protect witnesses and victims of offences in judicial proceedings is critical to ensure effective investigation and prosecution of serious crimes. It is particularly salient in the context of prosecutions of organised criminal gangs and terrorist groups, who have the means and the motivation to intimidate and harm potential witnesses to prevent them from cooperating with law enforcement and judicial authorities. Protection of victims and witnesses is of importance also in regard to prosecution of serious violations of human rights and of international humanitarian law. Investigating and prosecuting serious and organised crimes requires that law…

The chief executive officer of the Council of Legal Education (CLE) Kulundu Bitonye has defied President Uhuru Kenyatta’s Chief of Staff Joseph Kinyua’s letter to vacate office. Bitonye accuses Kinyua of being ignorant of the Constitution. In a two-page letter addressed to the chief of staff, Bitonye maintains he cannot exit office even after Parliament made amendments to the CLE constitution, which reduces his term from four years to three. Kinyua had in February written to the board reminding them of the new amendment that had capped the tenure of CLE board to three year, meaning the current board’s tenure…

Moi University has accused Council for Legal Education chief executive Kulundu Bitonye of “getting personal” with the licensing of universities that offer legal education. Through its Law Dean, Maurice Oduor, the university says it will be moving to court protest over Prof Bitonye’s methods, and have him answer to contempt of court charges. In September last year, CLE closed down the institution’s School of Law for failing to meet council standards, which are a prerequisite for offering legal education. Among these were that the university had been admitting too many students, and facilities that did not meet the threshold for…

By Shadrack Muyesu Freedom of speech does not give you the right to run into a jammed disco hall and shout “fire!” – Elisha Zebedee Ongoya Few matters have captured the State’s attention more that the recent move by a section of opposition MPs to heckle the President as he gave his latest State of the Nation address. Amidst a backlash from large sections of the public and quite a number of elites, the Opposition came out to defend the action citing among others, the rights to peaceful assembly, petition and demonstration as protected under Article 38 of the Constitution,…

By Kevin Motaroki “A true leader has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the equality of his actions and the integrity of his intentt” — Douglas MacArthur When former National Assembly Speaker Kenneth Marende was sworn in as speaker in March 2008, he stopped all pretences at party allegiances and set out to prefect the entirety of the National Assembly. If a member of his former party ODM misbehaved in the House,…

By Jane Wachira The concept of refugees dates back to the First and Second World Wars. Major incidents leading to mass displacement include the end of the colonial and the post-Cold War eras (46.5 million people), the partition of India and Pakistani, the civil conflicts of Angola, Congo, and the Rwanda-Burundi genocide. In the 21st century, at least 22.9 million people have been displaced. Incidents motivating mass movement include the secession of South Sudan from The Sudan, civil conflict in Burundi and Burkina Faso, insurgency in Nigeria and the invasion of Iraq by the US. At the helm of it…

By Newton Arori Late last year, the Supreme Court of Kenya ruled that no legal document becomes invalid only by dint of it having been prepared by an advocate who, at the time of writing, was not holding a current practising certificate. More importantly, the court appealed to Parliament to resolve apparent ambiguities in the Advocates Act as regards legal documents prepared by an advocate who does not hold a practicing certificate. Parliament is yet to make any such amends. The aim of this article is to critically review the ratio decidendi of the Supreme Court in the case in…