Author: NLM Correspondent

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.…

In one of his writings, “What Next in the Law” Lord Denning observes: “There remains the most touching question of all.  May not the judges themselves sometimes abuse or misuse their power.  It is their duty to administer and apply the law of the land.  If they should divert or depart from it and do so knowingly it is a misuse of power.  So we come up against Juvenal’s question, sed quis custodiet ipsos custodes (But who is to guard the guards themselves?)” The question posed by Lord Denning is the dilemma we are faced with in our judicial system today. It is…

Kenya’s war on Al-Shabaab, which the country took to southern Somalia through Operation Linda Nchi in 2011, turned, within a short time, into a grinding down of the country’s national security (structures), with well-coordinated retaliatory attacks within Kenya. When it appeared like the deadly assaults, whose death toll conservative figures put at just below five hundred, people began to question the relevance of the claimed victories by the Kenya Defence Forces over the terror group. None was more vocal than the Opposition and Civil Society groups in calling on government to reconsider the KDF’s continued stay in Somalia, to stem…

In 1989, a group of international donors, then popularly known as Paris Club, met in France. Because of increased looting of development grants advanced to the Kanu regime, the donors decided they would henceforth channel their aid to Kenya through NGOs. President Daniel Moi’s government, through Parliament, developed an NGO Act draft Bill that allowed the Government to tap into the donor funds. The draft Bill was hurriedly developed and was due to be presented to Parliament for its first reading when the local civil sector caught the wind of the impending draft law. Ezra Mbogori, then Executive Director of…