Author: NLM writer

  The Nairobi Law Monthly’s David Wanjala interviewed Macharia Njeru, chairperson, Independent Police Oversight Authority (IPOA) Question: What is ailing the National Police Service and by extension Kenya’s internal security? Answer: To start with, there have been serious structural issues in the National Police Service particularly relating to command and control. Apart from the Inspector General (IG) and the two deputies, there is no clarity on who is in control at other levels particularly at the county level. That has had a very negative impact in terms of the police Services seeming to act in parallel to each other.  The…

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UHURU KENYATTA A new framework against terror   Today I signed into law the Security Laws (Amendment) Bill 2014, which provides a firm framework for the fight against terrorism. I call on all Kenyans to read the new law for yourselves instead of depending on interpretations that mislead.  I am confident that you will find that there is nothing in this law that goes against the Bill of Rights or any provision of the constitution. Its intent is one; to protect the lives and property of all citizens.  I was appalled by the deplorable behavior of Members of Parliament who…

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  BY DUKE LENCH Early on Saturday November 1, 2014, about 300 Maasai morans, armed with bow-and-arrows, machetes, and spears, invaded a private property belonging to Nguruman Ltd, on the Nguruman Escarpment, in southern Kenya. They assaulted 76 staff on the said property, before they chased them into the wild and held a small number hostage. The invaders would later occupy the said property.  The invading group is said to enjoy the protection of local politicians and a number of top police officers. According to sources, the invaders belong to the Shompole Group Ranch (SGR) who own the Kajiado/Shompole/3 title, measuring 154,905 acres. It has…

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  BY TIMAN MNYIKA Sometime in mid-2002, Moses Wetang’ula was preparing to contest the Sirisia parliamentary seat in Bungoma for the second time. His first attempt in 1997 on the then ruling party Kanu ticket had ended in failure, drowned by the strong wave of the Michael Wamalwa-led Ford Kenya. The lawyer had tasted parliamentary politics as a Kanu Nominated MP between 1993 and 1997. As the 2002 polls approached, Wamalwa’s grip on Bungoma was even tighter than in 1997. Mr Wamalwa had entered into an alliance with Mwai Kibaki and Charity Ngilu and it was looking increasingly likely that it…

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  BY DR SIEGBERT OTTO Continuing from my articles of the past two months and with their preliminary judgements of Ethiopia’s hydro-electric and agricultural developments along the Omo River, with all its inevitable, disastrous effects on the livelihoods of the indigenous people along the Lower Omo River Valley and those surrounding a shrinking Lake Turkana, I wish to continue illustrating the violations of fundamental human and democratic rights and freedoms the indigenous peoples are currently subjected to, in particular as cross-border conflicts and deadly violence over dwindling natural resources. The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) as a relevant…

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  BY BEVERLINE ONGARO    One of the most pragmatic means the Kenyan citizenry and foreigners get to experience the Constitution at work is through fair administrative action, by either public bodies or private bodies carrying out public functions, or both of them. That is, administrative action in respect of functions, such as issuance of work permits, provision of education and health care, registration as a citizens upon application, and decisions regarding employment in the public sector, and education.  Prior to the promulgation of the Constitution, persons challenging administrative actions in Kenya sought orders of judicial review from the High Court…

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It is business as usual, as Kenya performs dismally in the global Corruption Perception Index (CPI) 2014 released last month by the Transparency International movement.  Kenya scored 25 on a scale of zero to 100 (with zero perceived to be highly corrupt, and 100 very clean), down two points from last year’s score of 27.  It now sits at position 145out of 174 countries and territories ranked in the 20th edition of the CPI. The CPI measures the perceived levels of public sector corruption in countries and territories worldwide and is based on expert opinion. More than two thirds of…

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The Central Bank of Kenya has granted Mauritius Commercial Bank Ltd authority to operate a representative office in Kenya. This bank was founded in 1838 in Port Louis, Mauritius, and has a market capitalization of Sh153.18 billion on the Mauritius stock exchange, representing 22% market share. It has diversified ownership with 24% of the shareholders being foreign investors and 76% local. Outside Mauritius, Mauritius Commercial Bank has a presence in Madagascar, Maldives, Mozambique, Seychelles, South Africa, France, Reunion and Mayotte.  Representative Offices of foreign banks only serve as marketing and liaison offices for their foreign parent banks and affiliates and…

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A new power plan, The Last Mile Connectivity Project, is expected to benefit 1.57 million additional consumers of electricity in low income areas. This follows the signing of an agreement between the African Development Bank (AfDB) and the Government of Kenya. The Sh11.9 billion-project whose implementation will target residents within 600-meter radius of the existing 35,000 distribution transformers spread across the country, will  providing electricity access to 1,571,000 people. AfDB Regional Director for the East Africa Resource Centre (EARC) Gabriel Negatu said that the Last Mile Connectivity Project would allow increasing electricity access in Kenya and improve the quality of life of the residents even as…

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  BY TNLM REPORTER Although economic growth in Kenya fell far below expectations in 2014, the country’s gradual economic recovery is expected to pick up steam in 2015 and 2016. Real Gross Domestic Product (GDP) growth will average 6.4% between 2015 and 2018, according to various predictions. In its survey, a leading global researcher network based in United States, MarketResearch, says Kenya’s fiscal health is improving but disappointing real GDP growth and increased transfers to county-level governments will slow fiscal consolidation.  The World Bank had forecast East Africa’s largest economy to expand an annual 4.7 percent in 2014 and 2015.…

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