Author: NLM Correspondent

Somalia last month threatened to withdraw from a regional bloc after the group ruled in favour of Kenya in a diplomatic row between the two countries. A fact-finding mission was created by the Intergovernmental Authority on Development (Igad) in December 2020 in an intervention aimed at easing tensions between the two neighbouring countries. On December 15, Somalia cut diplomatic ties with Kenya and wrote to the regional bloc of eight members, demanding an independent mission to verify claims that Kenya was arming and training militia to fight the Somalia National Army forces stationed in Gedo near their common border. Led…

By Patrick Smith Tribunals and courts that are holding companies to account on charges of corruption and environmental destruction are changing the economic weather, little by little. It has been a period of reckoning for some of the world’s biggest resource companies in Africa and the governments they make deals with. It started on 22 January when Geneva’s Tribunal Correctionnel handed down a five-year prison sentence to Franco-Israeli magnate Beny Steinmetz on charges of grand corruption and money laundering. Presiding judge Alexandra Banna concluded that “Steinmetz was the main beneficiary” of a criminal operation to secure mining rights in Guinea…

It is not just in Kenya that constitutional democracy is under sustained assault. Different events around the world point to a similar trend: the storming of the Capitol in Washington in December 2020, the coup in Myanmar, the changes of regime in Poland and Hungary, the overall failure of the Arab Spring movements and the rise of toxic nationalisms around the world all make it difficult to see a bright future for constitutional democracy under the rule of law. Kenya’s constitutional democracy, which finds expression in the 2010 Constitution, is often hailed as an exemplar of what modern democracy should…

Embattled former Nairobi Governor Mike Mbuvi Sonko will spend the weekend behind bars pending his bail application hearing on Tuesday, February 9, 2021, his lawyer Assa Nyakundi has confirmed. Appearing at the Kiambu High Court on Tuesday this week, Sonko was charged with 12 counts, including assault, robbery with violence, corruption, abuse of office, and destruction of property that date back to 2019. He denied all charges. The prosecution sought custodial orders to allow the state to conclude investigations. Sonko is also likely to be transferred to Mombasa where he has a pending arrest warrant. On Wednesday, there were hints…

By Cynthia Wairimu As a child I would play with hair just because. I would sit and as I watch something or get engrossed in another, I would find myself playing with one or two strands of hair; it was ritualistic. As I grew up, with tension and anxiety from my studies, I found myself pulling out whole braids from the scalp of my head, mainly at the back – without feeling any pain mind you. It was weird; the back would not result in pain but the front would. I would not be comfortable until I pulled out a…

BY JACOB OKETCH Willy Munyoki Mutunga of Kenya, Our Hero of Justice, a semi-fictionalised Biography for Young People, written by Elizabeth Orchardson Mazrui, is a book that is highly recommended for not only the young people but also all Kenyans who have a sense of where we should be headed concerning justice and fairness. This book is mainly about the life and times of former Chief Justice and president of the Supreme Court of Kenya Dr Willy Mutunga, with a specific focus on the trajectory of his human rights and overall justice attainment efforts. In that sense, we can argue…

By Alfred Deya, Terry Mwango and Cecil Kuyo The Kenyan branch of the Chartered Institute of Arbitrators (CIArb) recently unveiled its revised Arbitration Rules, 2020 (the Rules). The Rules came into force on October 1, 2020 and will apply to all cases registered after this date. The Rules provide a more comprehensive set of procedural rules as compared to the 2012 Arbitration Rules which it repeals. We highlight below the most significant changes brought to domestic arbitration, by the Rules, as well as the key issues to look out for when drafting arbitration clauses in contracts. Model arbitration clause The…

One of the most common questions that personal injury lawyers are asked is “how long will it take to resolve my claim?” The answer to this question varies. Cases can take different amounts of time because of a number of important factors. Some of the factors that may affect the timing of resolving a personal injury claim include the following. Nature of the case Cases that are considered standard may be faster to resolve than other types of cases. For example, motor vehicle accidents are usually faster to settle than other types of personal injury cases, including medical malpractice or…

Litigation funding is offering increasing opportunities across Africa: possibilities for investors, lawyers and litigants By Rayne Handley Litigation funding is a rapidly growing industry that has had major traction in the United States, Europe, United Kingdom, Asia and Australia. Litigation funding is born from the nexus of law, finance and commerce. The practice helps those who cannot afford legal fees and acts as a means for corporates to prevent hefty legal fees from eating into profits. In some cases, businesses use legal assets as collateral to secure funding. Given rising litigation costs, litigation funding provides access to justice for those…

The rising popularity of arbitration in Africa has heightened the need for local lawyers, arbitrators and institutions to respond to demand By Andrew Mizner Africa has become a reliable source of work for many international arbitration lawyers in recent years, but much of that work has not been based in Africa. Cases have tended to go to international institutions such as the London Court of International Arbitration (LCIA) or ICC International Court of Arbitration (ICC), seated in Western Europe and argued by and in front of non-African lawyers and arbitrators. The need for a more diverse pool of legal professionals and arbitral centres to…