Author: NLM Editor

By Prof Kivutha Kibwana This essay is, first and foremost, a critique of one aspect of Professor J.B. Ojwang’s theorizing on the nature and scope of executive power in the African one-party state. Put in a nutshell, Ojwang argues the chief executive in Africa’s single regime possesses extra-juridical power derivable from non-constitutional and non-legal sources. Such argument, we think, not only lends ideological support to besieged authoritarianism, but it also boldly contradicts the refreshing research and writing on constitutional development in Africa, hence our interest in Ojwang’s unique constitutional ideas. Simultaneously with the above concern of criticising Ojwang’s work, we…

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By Ahmednasir Abdullahi, SC This purpose of this editorial is not to foretell the imminent or premature demise of Justice J.B Ojwang, for I think it is too early to make this inference just because a tribunal has been set up to investigate some alleged misconduct on his part. I must admit, however, that I have never admired Ojwang, either as a scholar or as a judge, for I am yet see a scintilla of virtue I find attractive. But I also don’t loathe him; I have no reason to. That said, as someone who has known the good judge…

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By Emeka-Mayaka Gekara There is no doubt that Supreme Court judge Jackton Boma Ojwang is a man of many feats. He scored a First Division in the Cambridge School Certificate and was in the pioneer law class of the University of Nairobi of 1971. After graduation, he was the only student admitted to Master of Laws and immediately after graduation was employed as a law professor before proceeding for his doctorate at Cambridge in the UK. He would then return to the University of Nairobi where he rose to become dean of the Faculty of Law. Prof Ojwang is also…

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By Shadrack Muyesu The composition of the Judicial Service Commission in the run up to the 2022 general elections is a high stakes drama that is going to leave many bruised. President Uhuru Kenyatta promised to revisit, and he seems to be right on course. In the unending war for submission and dominance is the Deep State on one hand, a cabal of State House old dogs bent on taking advantage of a muzzled opposition to seize control once and for all and avoid the embarrassment of yesteryear, and the self-styled progressive brigade on the other – the last standing…

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By NLM Writer Justice Ojwang’ is abrasive and arrogant. Learned he may be but he delivers his opinion like it were legal fiat, the Law of Moses. He will not only demean those who would disagree with him but he refuses to confer with his peers as a proper superior bench should. A proper man of letters, Ojwang’ is the kind of man that was ready to resign rather than prostrate himself naked before “inferiors” within the JSC. He was on his way to delivering his resignation letter when a call came in asking him to stay put. As a…

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Africa’s emerging economies present exciting opportunities to global businesses for expansion in retail and distribution. Changing demographics and improving business environments across the continent will be just two of the factors contributing to rising household consumption, which is predicted to reach $2.5 trillion by 2030. Seven countries—Nigeria, Ethiopia, the Democratic Republic of Congo, Egypt, Tanzania, Kenya, and South Africa—will soon hold half of the continent’s population, and 43 percent of Africans across the continent will belong to the middle or upper classes. The rising income levels among all socioeconomic groups and increasing demand for goods and services should encourage businesses…

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By David Onjili Behind the 18th green, in his trademark Nike top, Tiger Woods hugged his son Charlie Axel Woods, his mother, Kutilda, and other family members. His late father, Earl Woods, would not be by his side this time as he claimed his 5th green jacket. Fourteen years since his last, the world was elated for him; on his part, a small smile, a bump with his caddie and an acknowledgement of the crowd that cheered him on were all he did to celebrate. This particular win was significant, and not just because almost everyone had written him off:…

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By Emeka-Mayaka Gekara Reverend Timothy Njoya was the lone religious voice during the vigil for slain human rights activist Caroline Mwatha at Nairobi’s Freedom Corner on Feb 21. The other prominent figures were former Chief Justice Willy Mutunga and Narc Kenya leader Martha Karua. The three demanded justice for the activist, who had dedicated her energy campaigning against extra-judicial killings and forced disappearances. Mwatha died in unclear circumstances. Times have changed, and with that the role of the church as the moral voice that speaks truth to power. Many more religious leaders would have attended such an event in the…

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By Emeka-Mayaka Gekara Everlyn Namukhula should be alive today, looking after her children. But the woman who gave birth to quintuples in March died a month later. After she gave birth to quintuplets at the Kakamega County Referral Hospital on March 12, she was transferred to the Moi Teaching and Referral Hospital Eldoret three days later after two of her children developed breathing complications – needing to undergo what is known as zipap in medical terms, which is the improvement of oxygen circulation in their bodies. They later died. Their mother who made warm national headlines, died a few weeks…

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By Alexander Opicho Women and parentless children are discriminated against and violated in all manner – from economic exclusion to compulsory dressing codes, sexual harassment, domestic violence, female genital mutilation, rape and silence, yet women and orphans are the pillars behind formation historical successes in Islam, Christianity and Hinduism as well as all the Western industrial revolutions. Why the world has socialised oppression of women and orphans is a conundrum. Just as Christa Stolle (2018) observed in the report on rights of women by Terre des Femmes, (a French organisation concerned with rights of women) there is a lot of…

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