Wednesday, September 18, 2019
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ISSUE 41

IN DEFENCE OF THE JUDICIARY: MARAGA’S COURT IS NOT STANDING IN THE WAY OF...

By Gibson Kamau Kuria SC “The apparent claim by Mr. Mwangi that the Judiciary is not applying legal principles is based on forgetfulness of our history” A two day Anti - Graft Conference held last month...

THE SUPREME COURT DECISION IN THE WAJIR CASE: CLEVER BUT DISHONEST

By Muthomi Thiankolu My initial take on the Judgment of the Supreme Court in Petition No. 7 of 2018: Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad & 5 Others. I agree with the dissenting opinions...

THE ROLE OF THE JUDICIARY IN FIGHTING CORRUPTION.

By Martha Moraa Corruption is a moral depravity and influencing through bribery. Essentially it is the abuse of trust in the interest of private gain. It can be divided into five broad types; Transactive, extortive,...

THE FALLACY OF MODERN DAY ROLE MODELS IN KENYA

By Job Mugiira ‘The guy is doing well, he bought a car the other day, he has built a big house and his business is doing well.’ Do you think he has done...

Risk Management

A Case for Business Continuity Planning (BCRP); What is Business Continuity Plan? Where do we start? By Ngure Kimotho What is business continuity plan? Why does an organization need it? Where does a company start in...

REBEL WITHOUT A CAUSE? JUSTICE NJOKI NDUNGU’S LEGACY OF DISSENT AND THE DOCTRINE OF...

Walter Khobe Justice Njoki Ndung’u has emerged as something of a contrarian. She is the dissenting voice of the Supreme Court. This popular image is formed with her 440-page dissenting opinion in the Raila...

URBAN REFUGEES IN KENYA: ADDRESSING THE DILEMMA OF THE PRINCIPLE OF NON REFOULEMENT AND

NATIONAL SECURITY By Nyaga Dominic* The world refugee problem is conspicuously one of the most complicated issues facing the bigger portion of the international community today. According to studies, more than a half of the world’s...

Look Unto Ethiopia, for Lessons and Questions

Kenyatta Otieno @stuttistician On Tuesday the 15th day of January, armed Al Shabaab fighters attacked the DusitD2 Hotel on 14 Riverside Complex. This was exactly three years since Al Shabaab insurgents ran roughshod over KDF’s AMISOM...

JUDICIAL RESTRAINT AND STARE DECISIS : A KENYAN PERSPECTIVE

By Chris Bosire Judicial restraint is usually invoked in a bid to ensure that the doctrine of stare decisis is enforced. However, the Constitution gives sweeping powers to the judiciary to interrogate matters that were...

IT IS INAPPROPRIATE FOR THE CHIEF JUSTICE TO ATTEND POLITICAL EVENTS

Our Opinion Judges have to give up a few things in exchange for their robes. Attending partisan political events is one such thing. Thus it came as a surprise to many when Chief Justice David...
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