Author: NLM Correspondent

Why is there a lack of parliamentary participation in African double taxation agreements? By Everlyn Muendo and Leonard Wanyama The recent nullification of Double Taxation Agreements (DTAs) by several African governments has been a ground-breaking moment in tax justice advocacy, revenue debates and pursuits of economic justice in general. DTAs are pacts which divide taxing rights between two or more states on cross border income and are sometimes interchangeably referred to as Double Taxation Treaties (DTTs). Kenya, Senegal and Zambia each cancelled their respective DTAs with Mauritius. This was based on the realization that in one way or another their…

What CJ Maraga lacks in color he more than makes up for in mental fortitude and a great sense of leadership By Shadrack Muyesu It is, frankly, not true – or fair – to say that David Kenani Maraga was a judge without a philosophy as has often been said about him. Throughout his two decades as a superior court judge, and more so in his last years of service at the Supreme Court, the good judge has distinguished himself as a naturalist to the core, in moral terms, a conservative, and, most importantly, in constitutional context, an activist –…

By Austin Ekea David Kenani Maraga, post-independent Kenya’s 14th Chief Justice will, in all probability, go down as the most controversial CJ Kenya has had. His judgments on serious constitutional matters have been as polarizing as they have been groundbreaking, with serious political ramifications. In perhaps his most famous judgment, Maraga’s Court made history in Kenya and Africa as the first to nullify a Presidential election when it set aside President Uhuru Kenyatta’s win in 2017. In declaring the president invalidly elected, Maraga made the now-famous declaration, “The greatness of a nation relies on its fidelity to the constitution and adherence to…

Collaboration between Africa and Europe can speed up progress on energy transformation By Professor Emanuela Colombo Africa is running fast towards its history, but the marathon is always a long-haul challenge, in which the way in which energy is mastered can make a difference between success and failure. Energy is the lifeblood of society, but the energy-climate-development requires a good balance between over-exploitation of resources and their use for human activity. That is why Africa needs a sustainable energy system providing reliable, affordable and clean energy for boosting local socio-economic development to comply with the aspiration of the African Union’s…

By Mohamed Sheikh Nor As the year 2020 comes to a close, people across the world are breathing a sigh of relief anticipating a better 2021. But for Somalia, a country transitioning from chaos to statehood, the worst of 2020 seems far from over. Somalia finds itself once again at a crossroad due to the ever-recurring political disagreements over electoral processes. The current contentious issues plaguing the country are: the composition of electoral and dispute resolution commissions and election procedures for Somaliland and Gedo regions, all of which continue to delay each round of elections. There are those who view this…

By Nic Cheeseman As the recent election campaign in Tanzania reached a climax, opposition supporters began to notice something strange. Some of their text messages were not being delivered. They knew that it wasn’t a general issue with the network, because most of their messages were getting through. It was possible to contact your parents, your loved one and your boss – but as soon as you tried to send a message including the name of the main opposition leader, Tundu Lissu, the network failed.  This was something more sophisticated than the kinds of blanket Internet shutdowns that have done so much damage…

The biggest problem with BBI is that it is a product of an informal process – there is no provision for it under the country’s Constitution By Dr Westen Shilaho Kenya’s Building Bridges Initiative, which seeks sweeping amendments to the 2010 Constitution, is driven by a pact between President Uhuru Kenyatta and a seasoned opposition stalwart turned government ally, Raila Odinga. The proposed amendments target at least 13 of the 18 chapters in the Constitution. The pact, sealed with a handshake in March 2018, followed shortly after yet another acrimonious presidential election which had pitted the two against each other. Previous elite pacts have never enhanced Kenya’s democracy.…

The COVID-19 pandemic has shone a light on the need for the African insurance sector to demonstrate its critical role in supporting people and businesses. The pandemic has been the most severe risk event in Africa in years, but many insurers have not delivered on their promise. If the sector is to improve the narrative and rebuild trust, bold changes need to be made. Over the past few months, FSD Africa held discussions with over 80 insurers, reinsurers, regulatory authorities, associations and technical service providers across 27 countries in Africa to assess how the sector has been impacted by and…

Kenya and the UK in December signed a trade agreement that aims to promote regional trade and boost economic development for the two countries. The agreement will ensure all Kenyan exports to the UK will have duty-free access to the UK market. Kenya’s top exports to the UK include tea, coffee, vegetables, fruits, and flowers. Once signed and ratified by both sides, Kenyan exporters of flowers and other fresh vegetables will continue accessing the UK market under a duty free, quota-free arrangement, just the way they did when the UK was in the European Union. The trade agreement is important…

With a growing number of Western Countries including the US, UK and the European Union tightening their immigration and visa polices, citizens of African countries are finding it harder to travel abroad. Given the odds, global residence and citizenship advisory firms like Henley & Partners and CS Global Partners are seeing a surge of wealthy Africans interested in acquiring citizenship of a second country in exchange for a sizable financial contribution to the passport host country’s economy in a process termed “citizenship by investment.” In the 12 months to November, Kenya saw a growth in enquiries about citizenship by investment of 116…