Author: NLM Correspondent

Michael Duncan The existing rivalry between the government-owned National Oil Corporation of Kenya (Nock) and private oil marketing companies is set to intensify with the government’s award of exclusive supply rights to Nock. In a letter dated April 30, 2015, chief of staff and head of the public service Joseph Kinyua directed all ministries and government agencies to purchase their fuel lubricants and bitumen from Nock. It further stated that where such institutions already have existing supply contracts with private oil marketing firms, the contracts should be allowed to run to their full terms after which they will revert to…

David Odhiambo and Herman Omiti The emergence, development and invention of sophisticated technology in the 21st century has brought with it unprecedented practice in the banking industry. Banks are no longer the traditional institutions they have been known to be. Mobile technology has been absorbed and integrated into mobile-based banking services. Almost all banks have come up with products and services that rely on mobile technology to execute monetary and other financial transactions. Paperless banking now has had its roots deep into banking. This piece delves into this technological development that has taken the banking industry by storm over the…

Mohamed Dakane The implementation of the two thirds gender rule has become a thorn in the flesh for Kenya’s political elite. Only a Martian wouldn’t know that. Articles 27(8) and 81(b) of the Constitution provide, in the most plain and unequivocal language, that no gender shall constitute more than two-thirds of elective and appointive public offices. However, the realisation of gender representation as envisaged in the constitution still remains a millstone around the country’s neck even when as the constitutional deadline of August 27 looms. Kenya often prides herself as the powerhouse of East Africa, being the region’s largest economy.…

Beverline Ongaro The flames of gender inequality have burned steadily in Kenya’s political sphere. Women have predominantly been marginalised in the Kenyan electoral processes, with their political participation being both dismal and minimal because of various cultural and structural barriers fuelled by our hetero-patriarchal configuration. Such barriers include irregularities in political parties’ primaries, inadequate financial resources, violence against women aspirants, masculinisation of political party structures that lock out women, and failure by policy makers to effectively implement electoral laws. According to the Independent Electoral and Boundaries Commission although 20.7 per cent of the current Parliament’s  membership is female, an increase…

Mutua Mugambi Titus and Austin Okothe Omondi Malindi is a town set apart by its unique, beautiful beaches and shoreline, which make up the vast Malindi Bay. The town is a globally legendary popular tourist attraction. However with time, the vast Malindi Bay (the Bay) has gradually slipped into the bargain of ecological threat. For instance, silt discharged to the ocean through the rivers, majorly Sabaki River, has over many decades been washed ashore through wave and wind action and has been deposited along the Bay, resulting in the loss of beach frontage. Today, the vastness of the bay, which,…

With the 2017 General Election nearing, many young people have taken an interest in democracy and governance as aspiring political leaders. While this is a positive resolution, it is imperative that they be well informed on constitutionalism and civic liberties. While I believe youth are well versed in civic liberties, they still have to satisfactorily answer the following before they can take that plunge. Do they have a sense of what it means to be a leader? Some maybe be motivated by the desire to benefit their communities but most get into politics for fame, power and control, with little…

ALI ABDI “We must make up our minds to look for our protection not to legal terrors but to careful administration of justice” – Thucydides Government has always been the subject of intense discussion, and this has resulted   to a new wake, full of concrete proposals for reform in the legal and institutional framework undergirding the rule of law, the justice system, the Executive, the Legislature, the criminal justice system and the bar. Some of these reform measures have resulted in positive changes in the entrenchment of the rule of law in Kenya. The Constitution of Kenya 2010 included within…

Jolly Lanji and Kevin Motaroki Kenya’s Supreme Court is established under Article 163 of the Constitution. It has exclusive and original jurisdiction to hear and determine disputes related to the elections to the office of the president [Article 162 (3)], appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation, and to give advisory opinion at the request of the national government, any State organ or county government with respect to matters concerning county governments. Further, the Constitution is clear that decisions made by the court are…

MAORE ITHULA Kenya’s Judiciary is a victim of corruption, lethargy and incompetence that is threatening to cripple the other two arms of Government, an official says. In an exclusive interview with the Nairobi Law Monthly last month, Kennedy Bidali, the Judiciary Ombudsperson, says because of these ills, courts across the country are becoming a clogged, ineffective lot. Bidali’s office is mandated to receive complains and compliments on the administration of justice in the Judiciary. “My office is mandated to investigate and address complaints of maladministration or a violation of rights. This helps us make recommendations for the Chief Justice on…

KEVIN MOTAROKI For some time now, a tug of war has been ongoing between governors and national government on the latter’s decision to lease medical equipment on behalf of the counties, with the county chiefs citing covert graft in the scheme. And though the majority of the county bosses are not satisfied with the pact as currently drawn, some have gone ahead to sign the deal out of the fear that the alternative – declining to be party to it – would have serious political ramifications. When the plan was first introduced, the Council of Governors made a decision to…