By NLM reporter No one appreciates better than President Uhuru Kenyatta and his deputy William Ruto the power and potency of the Kenyan Judiciary. Their presidency was literally borne of a court process. Their win at the Supreme Court made them realise the centrality of the courts under the Constitution 2010, and the enormous powers the courts wield. The Supreme Court process had a profound impact on President Uhuru and his deputy: they realised that the Judiciary, under the leadership of the Chief Justice Willy Mutunga, was and is completely outside their orbit of influence; that it rotates on its…
Author: NLM writer
By Ndung’u Wainaina In last month’s edition, this writer looked at reforms in the Judiciary and why sustaining them is necessary for the good of the country. The Constitution lays the foundation for a democratic, rule-of-law State, which guarantees equal opportunities for personal growth to all and contributes to the progressive cause of the nation. In order to guarantee that the role of the Supreme law of the land would inure to, and for, everyone and the promises made by it would not remain merely on paper, the Constitution makers made provisions for the independence of the Judiciary. The Judiciary…
By David Wanjala What did members of the National Assembly expect from the three-member High Court bench in a petition that sought the declaration of the Constituencies Development Fund (CDF) Act unconstitutional? Immediately the bench, comprising of Justices David Majanja, Isaac Lenaola and Mumbi Ngugi, delivered its judgment – which granted the prayers of the petitioners, the Institute of Social Accountability and Centre for Enhancing Democracy and Good Governance, that indeed the CDF Act violates the Constitution, members of the National Assembly, led by their Speaker, went on the offensive. They extolled, in a manner to incite the public against…
By David Wanjala The Judiciary has yet again, in a judgment on the petition challenging the constitutionality of the Security Laws (Amendment) Act 2014, stood up to an oppressive Executive and the arrogant Legislature in a way that will go a long way towards asserting its independence in the coy relationship with the other two arms of government. The judgment, which declared unconstitutional seven clauses of the Act deemed offensive by the petitioners, puts the President on the spot for the umpteenth time, just two years into his ruling. It also leaves an egg on the face of the…
By Alpha Femi But the same Jefferson asserts that “the constitution… is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please”. Jefferson’s second statement alludes to just how dangerous a rogue judiciary can be when solely entrusted to determine and interpret a State’s affairs. Judicial independence is a central pillar of Kenya’s constitutional system. Courts play a pivotal role in maintaining this, as is recognised everywhere, as recent history in Kenya can attest. Certain developments have advanced and reinforced the concept of protecting judicial independence, particularly…
BY DAVID WANJALA The eruption of demonstrations against the Narok County leadership on alleged resource misappropriation, resulting in a fatal confrontation between members of the public and the police recently is a big indictment of the fidelity, in terms of stewardship, of county governments across the country. It comes hot on the heels of similar chaotic revolts in Embu, Kisumu, Machakos and Makueni. It counts for less that the failures may emanate from county assemblies, a legislative arm of the county government, and not the Executive as in the case of Makueni. Agonisingly, the frustration in Narok that pushed…
BY KEVIN MOTAROKI On January 15 this year, an expert meeting on African Public Service Innovation dubbed the Ubunifu Conference was held at the Safari Park Hotel, Nairobi. In attendance were investors from all over the continent, whose objective was to identify budding innovators and sponsor them to production if their ideas were appealing enough. Just to put matters into perspective, and to demonstrate their commitment, the organisers, under the sponsorship of the investors, took participants through a several months, both to identify and hone whatever ideas they might have had. Interestingly, even after the coaching they received, the…
BY VICTOR ADAR Imagine a world through the eyes of a financially vulnerable student. As always, joining higher learning institutions for this lot takes a leap of faith. It is a constant battle of “should I work, beg, or just hope that someday things will change and education will be free?” The first thing many think about so they don’t fall out along the way due to lack of fees is a bursary fund. Nearly twenty years after the Higher Education Loans Board was established by an act of Parliament, it has been more about growing its funding base and…
BY BEVERLINE ONGARO The month of March marks the time during which there is a worldwide commemoration of International Women’s Day – on the 8th. The commemoration is aimed at reflecting on the progress made towards inter-alia securing full enjoyment of women’s human rights. This year’s celebration is important because it coincides with the 2015 deadline for the United Nations Millennium Development Goals (MDG). This article is devoted to one aspect of women’s lives that is critical and touches on all people irrespective of their gender or socio-economic and political background: maternal health care. Without overstating the obvious, safe…
BY James Muliro Transportation between the mainland and the port in Mombasa will ease following plans to construct a second multi-billion bridge to complement the current one that has been in place for 35 years. A feasibility study on the design and construction is currently being undertaken by Deloitte East Africa. According to the head of infrastructure and capital projects at Deloitte, Mark Smith, the construction process is to start in 2016 and will take at most three years to complete. The bridge is expected to ease the horrendous traffic congestion currently experienced in the coastal city. The current…
