Author: NLM Correspondent

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…

Chief Justice Dr Willy Mutunga is a soft-spoken man but the work he has undertaken at the Judiciary speaks volumes about his work ethic. Backing his achievements are outstanding academic and professional credentials. When he did his O-levels, he became the first student in Kitui District to score six points in the exam (an ‘A’ in all subjects), a feat that earned him a place at Strathmore College for his ‘A’ levels. He obtained his Bachelor of Law degree from the University of Nairobi in 1971 and his Masters from the University of Dar es Salaam in 1974. He then…

The first verse of Kenya’s National Anthem asserts, “Justice be our shield and defender”. Justice, together with liberty and equality, summarise the spirit of political democratic systems. Justice is also a basic human value. The Supreme Court of Kenya, established under Article 163 of the Constitution, is the highest tribunal in the land for all cases and controversies arising under the Constitution or Kenyan laws. As the final arbiter of the law, the Court is charged with ensuring the Kenyan people access the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.…