Author: NLM Correspondent

BY  MAORE ITHULA It is 10 a.m. and the searing heat of Tana River County is already taking its toll on baby Amina who is strapped on the back of her mother, Asha. Amina cries uncomfortably and to mollify her, Asha shifts the toddler to the front so that the infant can continue suckling as we trek. Mother and daughter are struggling to catch up because they are pushing a donkey that is laden with all manner of household goods. As head of his small family, Abdul Hassam is driving his livestock within a huge herd that belongs to many…

BY NDUNG’U WAINAINA Kenya is in a critical situation of trying to consolidate a fragile transitional phase of the country from decades of authoritarianism and macabre violence, and the promulgation of new constitutional order that created the devolved system of governance. Concrete steps would be necessary in order to address solidly the deep-seated fragility, long-standing social political and economical grievances confronting the country, and re-evaluating the roles and functions of nascent constitutional social institutions that form the basis of securing political and social stability of the country in long run. The Constitution of Kenya establishes a new era of democratic,…

BY NDUNG’U WAINAINA In the April issue, this column reviewed and captured in detail the critical essence of creating an appropriate devolved governance and development policy framework, outlining the role of county governments in effective public and social services delivery and management at the local level. The future of a democratic, prosperous, cohesive and healthier Kenya is found in building effective inclusive and accountable county governance structures. The national centralised system is a spectacular failure. Kenyans shred it in promulgating constitution. Courts have continuously made this point. According to the Supreme Court of Kenya, “Devolution is a core promise of…

BY ALPHA FEMI In March 1975, fiery Nyandarua Member of Parliament Josiah Mwangi Kariuki went missing. A few days later, his lifeless body was found at a forest in Ngong. His death epitomised the mysterious political assassinations that had come to be associated with founding President Jomo Kenyatta’s regime. And 40-years down the line, his killers have never been brought to justice. Kariuki was last seen alive at the Hilton Hotel on March 2, 1975, and after his burnt body was discovered, the only thing Kenyans were left with was his legacy and the now-famous quote, “Kenya has become a…

BY PAYTON MATHAU Like the documentary series “Lost Faces of the Bible”, they have become the lost faces of Kenya. Only that unlike in the documentary, their disappearance left no trace, at least none that is visible or overt. They are blogger Bogonko Bosire and Albert Muriuki who deputised Abdikadir Mohammed as President Uhuru Kenyatta’s adviser on legal and constitutional affairs at State House. In case they are alive, where are they? If not, will their bodies ever be found? Were they victims of the forced disappearances like the ones former Special Rapporteur Philip Alston found out after the 2007/08…

BY TIM KAMAU NGOTHO Those who aspire to be lawyers will need to re-think and clarify their vision before, during and after the original choice. More specifically, there will be career choices at four main stages of the journey: high school, specialisation decision, mid-career switch, and during a career crisis. The depth of information and understanding required increases from one stage to next. In high school or immediately after, career choice is a major decision. The choice to study law leads to another big one: which university? Until 1992, there was only one university in Kenya – the University of…

BY KENYATTA OTIENO A day is a very long time in politics. This phrase is too much for a social engagement christened “the dirty game”. Boys love games that make them dirty, and they say inside every man is a boy yearning for toys and power. This could be the reason politics is more attractive to men than ladies, who prefer the cleaner, neater games from an early age. In the Kenyan political scene, things are getting dirty as the honeymoon seems to be ending in the Jubilee Alliance. After the surprise push to fight corruption in his State of…

BY HERMAN OMITI On February 20, 2015, the Law Society of Kenya indicated through a newspaper report (Daily Nation, P.15) that it had sought information from the Capital Markets Authority regarding undercutting by Advocates. The LSK reported that some of the areas majorly affected by undercutting included bonds, rights issues, IPOs, mergers, banks and also government offices. According to the LSK, the information sought should lead to the arrest and prosecution of the lawyers involved in the “malpractice.” The society indicated that there have been numerous complaints on the matter, prompting them to take action. In what would be seen…

BY NDUNG’U WAINAINA It is the two-year anniversary of Kenya’s devolved system of governance after the first General Elections under new Constitution in March 2013. It has been two years of phenomenal challenges and opportunities, which always associated with any transitional phase of governance systems. It is not unique to Kenya, especially after more than 50 years of highly centralised authoritarianism and skewed economic development. There are a lot of lessons, as well as contesting narratives. How do we address the challenges encountered so far, and turn them into opportunities to continuously support the building of effective county governments to…

BY BEVERLINE ONGARO The administration of bail and bond by courts and police officers is a crucial procedure in the Kenyan criminal justice system. At the fulcrum of bail and bond administration is the need to balance adherence to the Constitutional right of an  arrested or accused person to bail, the rights of the victims of crimes and the public interest for safety by keeping away persons deemed to be a threat to safety via denying them bail. But attaining a balance of these rights and interests has been challenging when one considers the general administration of bail and bond.…