Author: NLM Correspondent

Jane Wachira A Eurobond, according to Financial Times lexicon, is a bond that is sold outside the country of the currency in which it is denominated. The “euro” part of the name derives from the fact that Europe was the first place where such bonds (nominally denominated in dollars) were sold. It is not to be confused with bonds denominated in Euro. It is also an international bond issued in Europe or elsewhere outside the country in whose currency its value is stated (usually the US and Japan). The term euro is also used to simply refer to the…

Witness protection is recognised as a fundamental human right, by various instruments of both national and international law in the administration of justice. Article 50 of the Constitution, under the Bill of Rights, not only provides for the protection of identity of witnesses and vulnerable persons in the interests of fair hearing before a court or tribunal, but also for enactment of legislation providing for the protection, rights and welfare of victims of offences. The much anticipated Witness Protection Rules have been finally gazetted, creating a much more conducive and secure environment for witnesses to testify. The Chief Justice and…

It is not my intention with this article to appeal to the passions of my colleagues. I ask only for their impartial reasoning. I also mean not to accuse anyone or lay blame, for when the conduct of lawyers is called to question, we (lawyers) have a collective obligation to bear the culpability. I therefore take the shame upon myself, in common, with the entire legal sorority. Events happening in the legal profession both at the Bar and the Bench have yielded ground to the public viewing lawyers as just another common grouping and not the noble profession of times…

December 10 is International Human Rights Day, dedicated to commemorating the Universal Declaration on Human Rights. It is an opportunity to examine how governments have honoured their obligations to protect and promote human rights. One of the best lenses to conduct such examination is from the rubric of the juvenile justice system. Childhood is a stage in human development where all persons are susceptible to deviant behaviour, but some by providence and pronounced guidance are not caught in the intricate yet intimidating web of criminal justice system. It is true when it is considered that children are likely to be…

The term spouse is neither defined under the Land Registration Act (hereinafter also referred to as LRA), nor in the Matrimonial property Act, 2013. However, the Land laws (Amendment Bill) 2015 defines a spouse as either a husband or a wife married under any recognised law in Kenya. One contentious issue has been whether long cohabitation is recognised as marriage under this law, and whether a spouse under such an arrangement is a spouse for purposes of property rights. In July this year, the High court of Kenya in “RLA v FO & Another [2015] eKLR” had a chance to…

The apparent assumption of “free speech” defenders is that offensive speech is essentially harmless—that is, just words with no demonstrable link to consequences. But questioning whether speech can really incite someone to bad behaviour seems irresponsibly obtuse. Obviously, words have consequences and frequently inspire actions. A primary purpose of language is to communicate with others in order to influence them. In democratic societies that stand for equality and freedom—often with taxpayer-funded programmes that promote those values by assisting vulnerable groups—it makes no sense to tolerate hate speech that actively works to oppose those values. Further, hate speech violates the spirit…

You were elected as the new Public Accounts Committee (PAC) chairman in April this year. There are other committees that you would have gone for. Ambition aside, why did you go for PAC specifically? Chief among my reasons are the circumstances that led to the dissolution of the former PAC and the potential of negativity impacting on MPs’ work, combined with the stereotyping of MPs as people driven by self-interest. The actions of some members of the former PAC went against the tenets of public service. I want to demonstrate that the leadership of the committee ought to be a…

It is vital that each judge is able to decide cases solely on the evidence presented in court by the parties and in accordance with the law. Only relevant facts and law should form the basis of a judge’s decision. Only in this way can judges discharge their constitutional responsibility to provide fair and impartial justice; to do justice as Lord Brougham, a 19th Century Lord Chancellor, put it ‘between man and man’ or as Lord Clarke, former Master of the Rolls put it more recently in 2005, ‘between citizen and citizen or between citizen and the state’. The responsibilities…

In an interesting and stimulating article in the October issue, Professor John Harbeson raises the question of the place of the Rule of Law, as a component of democracy, in developing societies. While the Rule of Law is a critical aspect of democracy in advanced economies, he considers that there has not been much discussion of its relevance to newer states engaged in the tasks of development. He poses the issue thus:  “But what is the role of the judiciary to be where the executive and parliamentary branches of government are particularly charged with promoting social and economic justice for…

As the curtains come down on his reign, there is no arguing that Chief Justice Willy Mutunga has played a pivotal role in transforming Kenya’s Judiciary. Under his tenure, a raft of changes has been instituted to enhance efficiency in service delivery. As to whether these changes amount to the proverbial “washing the outside of the cup while the inside remains laced with debris” remains to be seen. Under the blueprint of the Kenya Judiciary Transformation Framework, 2012-2016, the CJ has commendably succeeded in bringing justice closer to the people and bringing the “human” element back to the daily operations…