Author: NLM Correspondent

By NLM Writer For the discerning Kenyan, it is common knowledge that while all other parts of the country mattered, the election for the two leading contenders would be fought and won in the vote-rich Mt. Kenya region, which, having produced Kenya’s last two presidents back to back, has no candidate in the impending presidential election. As far as running mates go, Martha Karua is fearless and intelligent. Together with her presidential ticket flag bearer, they have an impressive record as human rights defenders. Their roles in the fight for the second liberation, the struggle of the 80s and 90s…

By John Mukum Mbaku Kenya is no stranger to highly contested elections, including those pervaded by political and ethnic violence. When there is no finality to elections, or if some parties refuse to accept the official results, the process cannot support democracy. It does not produce a legitimate government with the right to exercise power and the ability to meet the needs of all citizens. As Kenya heads to the polls in August 2022, it’s important to consider what role the Judiciary will play in ensuring that the elections are free, fair, and credible. As a legal expert and economist…

The chief Justice, through Legal Notice No 79 of April 12, 2022, has barred the expression of opinion by litigants, advocates and their agents on conduct, proceedings and Judgments of the Court in presidential election petitions By Nelson Havi Through Legal Notice No 79 of April 12, 2022, and published on May 5, 2022, Chief Justice Martha Koome amended Rule 18 of The Supreme Court (Presidential Election Petition) Rules, 2017. The amendment bars the expression of opinion by litigants, their advocates and advocates’ agents on the merit, demerit or prediction of the outcome of a petition challenging the election of…

All may not be well at the Independent Electoral and Boundaries Commission amid allegations of a rift between commissioners, which could impact the conduct of the August 9 elections. With just over two months to the August 9 elections, the commission has been hit by divisions pitting the three commissioners who have been there the longest, namely chairman Wafula Chebukati, Prof Abdi Guliye and Boya Molu, and the four who were appointed in September 2021, namely vice chairperson Juliana Cherera, Francis Wanderi, Irene Masit, and Justus Nyang’aya. The Nairobi Law Monthly understands that the Chebukati group, using their experience and…

The Principal Secretary in the State Department of Broadcasting and Telecommunication, Esther Koimett, has said the government will not shut down the Internet during the forthcoming general elections. “Kenya will not shut the Internet; the Internet is critical to this economy, and Kenya is a country that respects freedom of speech,” she said. The PS further added that the government believes the country has a regulatory space and environment to deal with any challenges from managing the elections. She was responding to fears that Kenya may go the Uganda way, where there was total Internet shut down during last year’s…

The caution by Chief Justice Martha Koome during the BBI judgment against the use of social media by Advocates appearing before the Supreme Court was, after all, not an idle threat. On May 05, 2022, the CJ followed through her warning with new rules ostensibly made to eliminate or minimize what the court views as unethical behavior. Through Legal Notice No.79 of 2022, the CJ amended rule 18 of the Supreme Court (Presidential Election Petition) Rules, 2017 by inserting sub-rules 4 and 5. Sub-rule 4 seeks to codify the common law rule of Sub judice. In plain English sub judice…

Few research findings could be more topically and critically important than any bearing on the question of to what extent a country’s peoples consider themselves bound together as one political community, i.e., the nation-state in which they hold their citizenship. Available evidence has surfaced of severe, even dangerous, polarization in so many countries around the globe. Further, at least a steady incremental decline in democratic global democratic practice over the last fifteen years, including in sub-Saharan Africa, is doubly worrisome. The incremental resurgence of authoritarian political behaviour and democratic decline it reflects is unwelcome. But more deeply worrisome is the…

By Mary Mwadime You probably celebrated World Health Day, which commemorates the April 7, 1948 founding of the World Health Organisation – the global organisation has played a vital role in advancing positive health outcomes not just in Kenya, but also in most African countries, and beyond. I was particularly captivated by the adopted theme this year, which focused on our planet and health. It was also a reflection moment for me, as it almost coincides with my first anniversary as the chairperson of the Kenya Medical Supplies Authority (KEMSA). Those who know me – as a career supply chain…

The event aimed at re-igniting interest in books, the reading culture and enhancing impact of arts and literature in the society By Victor Adar The World Book and Copyright Day was marked at the Village Market in Nairobi with players renewing calls for an end to piracy to boost the growth of the books industry. Authors, illustrators, publishers, booksellers and library managers who attended the event noted that piracy has discouraged authors from writing more books. They lamented that pirated content and products has flooded the market with poor quality books and has resulted in loss of employment for most professionals of…

A step-by-step peep at the cultural practices revolving around chicken fondly known as Ingokho among the Luhya community  BY GAD WESONGA Culture means characteristics and knowledge of a particular group of people. It also involves identity fostered by social patterns unique to a group’s customs, laws, dressing, architectural style, food, religion, social standards and traditions.  It is not surprising that culture is a social capital that requires preservation because in addition to its intrinsic value, it provides important social and economic benefits such as increased tolerance known to enhance the quality of life and increases overall well-being for both individuals and communities. …