Author: NLM Correspondent

In Africa, an incumbent never loses. This is a saying whose applicability in Kenya, by whatever measurement or observation, is difficult to deny. The reason, argues Nic Cheeseman, in the Afrobarometer Working Paper No. 83 “Ethnicity as a political cleavage” (2009), is the presence of weak political institutions, coupled by amalgamation of power, which give advantage to the incumbent. Despite perceptions of first-term (African) presidents as reformers – ones who will undo the wrongs of the previous regime and build on what little good was made, this notion is disproved soon enough when the trappings of power become too alluring…

Jeremy Bentham famously stated that “witnesses are the eyes and the ears of justice”. Indeed, the importance of witnesses to the effective functioning of any court cannot be overemphasised. In fact, witness testimony has always been regarded as the best form of evidence a court can use. It is, however, appreciated that witnesses may not always be willing to come forward to testify. As such, courts have, as a general rule, the power to summon witnesses under the threat of penalty. This power is known as subpoena power. The International Criminal Court (ICC) relies heavily on witness testimony. But, unlike…

The issue of the retirement age for judges has, once again, put the Judiciary on the spot. But unlike before, it has laid bare the intrigues and power struggles, especially in view of the impending exit of the Chief Justice, the self-preservation of serving judges in relation to laws that may affect their terms of tenure, and utter lack of self respect by some of the longest serving judges. Debate on this issue has been on since March last year when the Judicial Service Commission (JSC) resolved that the retirement age for all judges would be 70 years irrespective of…

The 2017 election is taking shape earlier than usual, and President Uhuru Kenyatta is likely to face a very stiff challenge. With his political fortunes seemingly in doubt, the President and his advisers have taken a keen interest in the Independent Electoral and Boundaries Commission. The Nairobi Law Monthly can exclusively report that the President and his advisers are keen to shake up the electoral body, with the objective of installing a new chairman at the helm before the 2017 General Election. Multiple sources have confirmed to NLM that President Kenyatta wants the chair of the Commission Ahmed Issack Hassan…

The 2015 Mo Ibrahim Index of African Governance ranks Kenya’s performance as “largely positive”, taking 14th position on the continent in overall governance. This good positioning, according to the report, is complemented by the progress the country has made in overall governance since 2011. As a result, Kenya ranks among the ten most improved countries in Africa. In a trend also noted all over the continent, Kenya has registered progress in, among others, Participation and Human Rights, Safety and rule of Law and Sustainable Economic Opportunity, whereas there has been a decline in Human Development, Health, Personal Safety and National…

“The first impression that one gets of a ruler and his brains is from seeing the men about him”  — Niccolo Machiavelli Kibe Mungai The outcome of the last general election gave Jubilee the two ultimate political prizes in a presidential system of government, namely the presidency and control of Parliament. Two years later, serious doubts have started to emerge on whether Jubilee had a clear vision for this country or legitimate public interest to seek and exercise power beyond the personal ambitions of its captains. The Kenyan State and economy are in a serious crisis and confidence in the…

Kenyatta Otieno A story is told of how a young Uhuru Kenyatta saw Daniel Arap Moi, his father’s Vice President, walking towards President Kenyatta (Mzee); Uhuru picked his father’s trademark flywhisk, ran towards Moi and happily handed it to him. Pundits have weighed in on this as the reason why Moi, “the professor of politics”, insisted on Uhuru being his successor in 2002 against the advice of many people. Fast-forward to 2015 and word on the street is that Uhuru is planning to support a Gideon Moi-Peter Kenneth ticket for the presidency in 2022. This may sound like hot-air talk from…

The Court of Appeal has reinstated a section of the Economics Crimes Act requiring civil servants to explain how they acquired assets outside their salary. Section 55 of the Act compels civil servants to prove how they acquired such property. Further, the Ethics and Anti-Corruption Commission may commence proceedings under the section if it is satisfied after an investigation that a person has unexplained assets. Court of Appeal judges Festus Azangalala, Martha Koome and Hannah Okwengu said the process is not alien as in any civil litigation, the court can shift the burden of proof to an accused. They overturned…

Kenyatta Otieno Do not be fooled by the power of one-man-one-vote in democracy. Democracy, like many good things – must be guided. Do not get me wrong either. I believe in the “by the people, for the people, of the people” maxim of democracy; but I also know that left to their own ways, the people will not always get it right even if someone said, “The voice of the people is the voice of God”. Yet we all know that God, more often than not, speaks through prophets. I have had a gut feeling for some time that “the…

Harold Ayodo Lawyers have raised the red flag over failure of new land laws to improve service delivery during property transactions. The lawyers who were attended a Continuing Professional Development (CPD) Seminar on Property Law and Natural Resources at Panari Hotel, Nairobi, last month said repealed laws are still used in conveyancing (property transactions). They also expressed concern that grand standing and perpetual turf wars between the National Land Commission (NLC) and the Land ministry has had a negative influence on service delivery at land registries. They singled out rampant corruption, poor time lines, missing files, delays in extension of…