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ISSUE 40

No One is above the Law

Our Opinion   On 18th January 2018, Justice Chacha Mwita of the High Court, rendered a landmark decision, in Petition 307 of 2018, Law Society of Kenya v Attorney General and the Chief Justice, on...

Noordin Haji’s Resolve to See Justice for All

By Lillian Wamuyu The name Noordin Mohammed Haji spark into the limelight following his nomination as the Director of Public Prosecution by President Uhuru Kenyatta in early 2018. Little was known about Mr. Haji then,...

RESPECT FOR PROSECUTORIAL INDEPENDENCE IS NOT A FAVOR BUT A CONSTITUTIONAL EDICT

Introduction Recently the Office of the Director of Public Prosecutions (the DPP) and that of the Directorate of Criminal Investigations (DCI) has faced baseless allegations framed in the form of misconduct including arrests of...

THE JUDICIARY AS THE WEAKEST LINK IN THE FIGHT AGAINST GRAFT: COURT ORDER IN...

By Mathew Lusweti Prof. Makau Mutua: “Legal formalism is a pagan’s sword against justice. The judiciary must uphold constitutional due process protections of corruption suspects, but judges must NOT allow legal procedure to be...

IS THE INDEPENDENCE OF THE JUDICIAL SERVICE COMMISSION UNDER ATTACK? THE PROSECUTION OF TOM...

By Walter Khobe The Constitution in an attempt to safeguard the institutional independence of the judiciary establishes the Judicial Service Commission (JSC) to promote and facilitate the independence and accountability of the judiciary. (See...

FRIDAY ARRESTS

By Muthomi Thionkolu There is a colonial dynamic to this DPP/DCI obsession with Friday arrests and opposition to release of accused persons on reasonable bail or bond terms. The Kenyan criminal justice system, just like...

AN OVERZEALOUS DPP IS A PERIL TO THE RULE OF LAW

By Nelson Andayi Havi The dramatic Friday arrest and weekend detention of JSC Commissioner and Senior Counsel Professor Tom Ojienda highlights the plight of all Kenyans in the hands of the DCI and the...

THE COURT IS INNOCENT TILL PROVED GUILTY!

By Eric Mukoya Recent utterances and headlines on how the courts must deal with graft cases are disconcerting, primarily disparaging professional excellence while reeking of human vitriol that almost reduces operational space of an otherwise...

Blaming the Judiciary for Failure on War on Corruption Simplistic and Short-sighted

Waikwa Wanyoike Lately, there has been a barrage of statements, opinion articles and political outbursts which have termed the judiciary as the greatest impediment to the success on the war on corruption. These criticism...

DILEMAS IN OPERATIONALISING THE RIGHT TO FAIR TRIAL IN CRIMINAL JUSTICE IN KENYA

By Busalile Jack Mwimali, PhD, (Advocate of the High Court of Kenya and Dean, JKUAT School of Law) A keen assessment of the broad spectre of protection offered as human right invariably lead to the...
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