Author: NLM Correspondent

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Professional Development (CPD) Seminar on Property Law and Natural Resources at Panari Hotel, Nairobi, last month said repealed laws are still used in conveyancing (property transactions).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…

Eugene Wamalwa From time immemorial, there has been a debate about the Seven Wonders of the ancient World – said to be the Great Pyramids of Giza – Egypt, the Hanging Gardens of Babylon, the Statue of Zeus in Olympia, the Temple of Artemis at Ephesus, the Mausoleum at Halicarnassus in Turkey, the Light House of Alexandria, and the Colossus of Rhodes. In contrast the seven wonders of the modern world are said to be the Chichén Itzá of Mexico, Christ the Redeemer of Rio de Janeiro, Great Wall of China, Machu Pichu of Peru, Petra of Jordan, Taj Mahal…

Andrew Tanui and Diana Tanui The promulgation of the 2010 Constitution has always been regarded as a turning point in the gender debate and balance in the governance structure of our nation Kenya. The Bill of Rights espoused in Chapter Four of the Constitution provides that “every person is equal before the law and has the right to equal protection and equal benefit of the law”. It goes further to state that “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” Recent developments in the public service…

Ndung’u Wainaina Speaking in Ghana in 2009, US President Barack Obama stated that a “new moment of promise” for Africa is unfolding, but with caveats. The caveats were that African nations must, of necessity, build stronger institutions, robust civil societies and inculcate respect for democracy, the rule of law and human rights. Addressing 50-plus African leaders in Washington in August 2014, he said: “We don’t look to Africa simply for its natural resources. We look to Africa for its people and its talents and its potential.” US Secretary of State John Kerry, addressing the same forum, said, “Africa could be…

JANE WACHIRA On September 18, 1962 – October 11, the Kenya National Union of Teachers (Knut) held its first nationwide strike. Kenya’s current president Uhuru Kenyatta was a toddler then. The strike was declared illegal by the ruling party Kanu, and Knut officials arrested; the charges preferred against them were later dropped by the Industrial Court. The November 1966 strike made history as the government eased its stand and allowed formation of the TSC through a parliamentary Bill by the then minister for Education Jeremiah Nyagah. In November 1969, there was another strike – it was to be the last…

Kibe Mungai “Various calls have been made to amend the Constitution. Many of these demands are aligned with short-term political needs. A constitution, being the soul of a nation and the heart of our state, is an eternal charter. It should never be subject to political expediency. At five, our Constitution is still fairly new. Like a new pair of shoes, it may pinch occasionally. That is no reason to throw away the pair, or remake them into open shoes” – Uhuru Kenyatta As stated in the preamble to the Constitution, five years ago, Kenyans adopted and enacted a new…

ALI ABDI In order to embark on a critical discussion on the tort of inducing breach of contract and its probable absence in the Kenyan jurisprudence, one needs a stable reason. Mine is that by means of such a discussion, I am hopeful of demonstrating that the approved processes of judicial law-making by the Legislature and the Judiciary are unsatisfactory since there is no cogent footing in our laws on what Economic tort is and its lack thereof in the Kenyan jurisprudence. I will try to expound the decision of the House of Lords in “Lumley vs Gye (1853),  2 …

CONTENT PRODUCTION MEDIA December 2013 found thousands of South Sudanese nationals in no mood to celebrate.  Conflict had broken out in Juba and was swiftly spreading to the other parts of the country.  What started out as a fight between members of the presidential guard soon morphed into a failed/ foiled coup d’état and then into a national crisis before turning into a regional mess. Military personnel had taken over the streets, President Salva Kiir had issued his press statement in full military regalia, his former deputy-Riek Machar-had gone into hiding, the government had arrested  and detained some of the…

Kevin Motaroki President Uhuru Kenyatta’s contempt, disdain and distaste for the Judiciary did not begin last month when he vowed to disregard court orders requiring his government to increase teachers’ basic pay by up to 60 per cent. If one were to limit oneself to the period he has been Head of State, one easily traces his scorn for due process and rule of law to the 2013 General Election when the Opposition Cord petitioned the Supreme Court to nullify his election for what it said were gross election irregularities. As the country waited with bated breath for the Court’s…