Author: NLM Correspondent

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…

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…