Author: Guest Writer

At least a dozen nations have said they will join the effort to help Haiti tackle the unchecked gang violence engulfing the country, pending a UN Security Council resolution authorizing a foreign intervention led by Kenya. The United States and Kenya have struck a defense pact that will provide Kenya with funding and support for security deployments following Kenya’s voluntary offer to lead an international mission to violent Haiti, Al Jazeera reports. The agreement, which will govern the nations’ defense cooperation for the next five years, was signed on Monday, September 25, during a meeting in Nairobi, the capital of Kenya, by…

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Unlike previous arrangements, the dialogue committee’s legal mandate could pave the way to political and economic stability. By Guyo Chepe Turi A 29 July agreement between Kenya’s President William Ruto and main opposition leader Raila Odinga ended months of street protests against tax hikes and the cost of living, many of which were met with heavy-handed policing. The deal sets the stage for a negotiated settlement, but each side has demands that could still collapse the talks. How these pressures are managed will be a major test for both leaders. Kenya’s political stability has long been tied to elections. Results of the…

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In the first half of 2023 Africa had the highest percentage of ICS computers on which spyware was blocked (9.8%)  Malicious objects of all types were detected and blocked on 34% of Industrial Control System (ICS) computers in the first half of 2023, according to the ICS CERT landscape report by Kaspersky. In Africa over this period attacks were detected on 40,3% of ICS computers, placing it in first place among the other regions. The top industries under attack were energy (45,9%), engineering & integration (44%) and building automation (40%). All these attacks were blocked after detection. ICS computers are…

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The National Treasury is warning of a looming debt crisis as a result of global shocks and a slowdown in economic growth. In its Draft 2023 Budget Review and Outlook Paper, the National Treasury debt service-to-revenue ratio will breach the 18 percent threshold in 2024 (24.9), 2025 (18.2), and 2026 (19.2). It links the high debt service to the revenue ratio in 2024 to the maturity of the international sovereign bond. “The debt sustainability analysis shows that Kenya’s public debt remains sustainable as a medium performer in terms of debt carrying capacity,” Treasury said. “However, there is a high risk…

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By Carmel Rickard Zambia’s constitutional court has found parliament in breach of the constitution by not passing legislation to ensure the full financial independence of the judiciary and that it is adequately funded. In a decision strongly underlining the principle of judicial independence, the court has ordered that until these laws have been passed and put into effect, the minister for finance should report to parliament every six months on what has been done to ensure financial independence of the judiciary. Ironically, the challenge was brought by Zambian counsel, John Sangwa. In March 2020, the chief court registrar informed all…

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Since the Moi-era, when it was the highest in the land, the Court of Appeal has set itself apart as perpetually in the government’s corner in defeating the letter and spirit of the law By Ouma Ojango When former President Uhuru Kenyatta, upon re-election, announced the names of those he had either retained or nominated and appointed to his new administration on 26th January 2018, they included, besides cabinet members and their principal secretaries, 16 new persons appointed to the newly created office of cabinet administrative secretaries (CASs). The constitutionality of the new office of CAS created by the President…

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The intrusion by the Executive must be dealt with in a way that recognizes the supremacy of the separation of powers doctrine and maintains judicial independence. By Ouma Ojango Of the many things that happened in the three-day demonstrations in July against the high cost of living called by the Opposition, a police raid and attack on journalists inside a courtroom in Milimani is the most dumbfounding. As had been predicted, the demonstrations were met with the full force of the State’s monopoly of violence. This resulted in police brutality, death, and destruction of property. The raid, however, by the…

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Should banks allow staff to be given mandates so that they may operate the accounts of customers? It’s a question that has to be asked in the wake of a new decision by Namibia’s Supreme Court. The apex court had to consider the bank’s liability for funds misappropriated by a clerk who had been given a mandate by a customer to operate the customer’s accounts. By Carmel Rickard The story is about Ursula Blaauw, a customer of Bank Windhoek Ltd. She was a very busy woman. Her work included bookkeeping, renting out properties and speculating in livestock. Because of all…

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By Ndung’u Wainaina Constitutional sovereign devolution turned ten last month. There is consensus on two fronts. First, devolution has changed lives and dynamics across the country. Secondly, devolution has played a stabilizing factor in the country. The underpinning social contracts and the cornerstones of the 2010 Constitution are devolution, public finance, social and economic rights guaranteeing equal society, shared prosperity, and public expenditure that promote equitable development across the country. The starting point is a comprehensive audit, unbundling, and costing of all functions at both levels of government, and decisive political actions to restructure, align, and rationalize ministries, departments, and…

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Carmel Rickard Uganda’s high court has been wrestling with the difficult question of how to balance three sometimes competing constitutional principles when it comes to reporting on divorce cases: the right to free expression claimed by the media, the parties’ privacy rights and the general principle that courts should be ‘open’ and the justice they dispense should be seen to be done. The need for a judicial balancing act was triggered when an advocate appearing for one of the parties in a divorce due to be heard by the high court, brought an unusual application. He asked the court to…

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