iLaw Kenya

iLaw Kenya

25 January 2016 » iLaw Kenya

The wheels of justice in Kenya are moved by hard working unrecognized, overworked, underpaid and sometimes humiliated brigade of judicial officers called magistrates. They are present in almost  every dusty corner of this country dispensing justice amidst adversity. Then there are glorified elite of judges of the superior court,  in fact they are addressed as […]

25 July 2015 » iLaw Kenya

The County Development Board (CBD), a consultative development forum at the county level consisting of county officers and Members of Parliament has been declared unconstitutional by the court for violating devolution and separation of powers principles. The County Governments (Amendment) Act 2014 creates CDB  in every county. The board comprise of  County Senator as Chair, […]

25 July 2015 » iLaw Kenya

The County Development Board (CBD), a consultative development forum at the county level consisting of county officers and Members of Parliament has been declared unconstitutional by the court for violating devolution and separation of powers principles. The County Governments (Amendment) Act 2014 creates CDB  in every county. The board comprise of  County Senator as Chair, […]

06 July 2015 » iLaw Kenya

The High Court recently  restated the powers of Kenyan Senate. In High Court Petition No. 413 of 2014,  Council of Governors &  6 Others  v. The Senate (2015)eKLR  Justices Lenaola, Odunga and Mumbi Ngugi confirmed that the senate in exercise of its legislative and oversight functions as well protecting devolution, may summon governors.  This decision […]

06 July 2015 » iLaw Kenya

The High Court recently  restated the powers of Kenyan Senate. In High Court Petition No. 413 of 2014,  Council of Governors &  6 Others  v. The Senate (2015)eKLR  Justices Lenaola, Odunga and Mumbi Ngugi confirmed that the senate in exercise of its legislative and oversight functions as well protecting devolution, may summon governors.  This decision […]

01 June 2015 » iLaw Kenya

The Northern Kenya is Wild West. In the recent bandit attacks in North Rift, the police could not locate Nadome, the scene of crime. The media was unsure whether it is in Baringo or Turkana county.  The nearest “serikali” from Nadome is a GSU camp one hundred kilometers away in Nginyang’ with no passable road […]

01 June 2015 » iLaw Kenya

The Northern Kenya is Wild West. In the recent bandit attacks in North Rift, the police could not locate Nadome, the scene of crime. The media was unsure whether it is in Baringo or Turkana county.  The nearest “serikali” from Nadome is a GSU camp one hundred kilometers away in Nginyang’ with no passable road […]

07 April 2015 » iLaw Kenya

There is a  new novel in town by David Lat the patron saint of legal gossip blogging. The Founder and Editor in Chief of the highly successful bog  Above the Law (ATL),  Harvard College and Yale Law graduate has penned a best selling legal novel  Supreme Ambitions. It is described by New York Times as […]

07 April 2015 » iLaw Kenya

There is a  new novel in town by David Lat the patron saint of legal gossip blogging. The Founder and Editor in Chief of the highly successful blog  Above the Law (ATL),  Harvard College and Yale Law graduate has penned a best selling legal novel  Supreme Ambitions. It is described by New York Times as […]

31 March 2015 » iLaw Kenya

The law on removal of County Executive Committee Members  (CECs) has been put to rest by the Court of Appeal. This is after conflicting opinions by Employment and Labour Relations Court.  One   school of thought was that governors could not  fire their CECs at will without due process and  the pleasure doctrine has no place […]

31 March 2015 » iLaw Kenya

The law on removal of County Executive Committee Members  (CECs) has been put to rest by the Court of Appeal. This is after conflicting opinions by Employment and Labour Relations Court.  One   school of thought was that governors could not  fire their CECs at will without due process and  the pleasure doctrine has no place […]

23 March 2015 » iLaw Kenya

Ngima Gakoromo, a 100 year old widow was found guilty of contempt of court and fined Kshs.100,000/= or three months in custody by High Court in Embu.  The poor old lady could not raise the money and therefore she was sent to jail.  Her  co-contemnors, who incidentally are her sons are serving  six months sentences […]

23 March 2015 » iLaw Kenya

Ngima Gakoromo, a 100 year old widow was found guilty of contempt of court and fined Kshs.100,000/= or three months in custody by High Court in Embu.  The poor old lady could not raise the money and therefore she was sent to jail.  Her  co-contemnors, who incidentally are her sons are serving  six months sentences […]

24 February 2015 » iLaw Kenya

Last week, the High Court in Nairobi ( Lenaola, Mumbi Ngugi and Majanja JJ) declared the Constituency Development Fund Act 2013 which  establishes Constituency Development Fund (CDF) unconstitutional and therefore invalid.  The invalidation has however been suspended for 12 months to allow transition, completion of the projects on course and the current budget cycle to […]

24 February 2015 » iLaw Kenya

Last week, the High Court in Nairobi ( Lenaola, Mumbi Ngugi and Majanja JJ) declared the Constituency Development Fund Act 2013 which  establishes Constituency Development Fund (CDF) unconstitutional and therefore invalid.  The invalidation has however been suspended for 12 months to allow transition, completion of the projects on course and the current budget cycle to […]

20 February 2015 » iLaw Kenya

Embu County Governor Martin Nyaga Wambora becomes the first to be and the most impeached governor under the Constitution of Kenya 2010. He survived the first impeachment when the High Court and the Court of Appeal nullified the same but immediately thereafter, the second impeachment motion came calling. Incidentally, both impeachments were on the same […]

10 February 2015 » iLaw Kenya

The courts are at it again. After calling them vultures and morally wrong  the Court of Appeal has now said that banks cannot recover loans from their  customers if they, the banks, fail to exercise due diligence to ensure that the transactions they are financing are legit. This new decision has thrown a new twist into […]

03 February 2015 » iLaw Kenya

The Office of the County Printer Bill, 2014 is a senate bill sponsored by Nandi Senator Stephen Sang. The bill establishes a county printer for, among others, publishing County Gazette in each of the forty seven counties and advising the county government on printing and publishing of documents. In the third of  year after county […]

27 January 2015 » iLaw Kenya

Dear His Excellency, the President Kenyan bloggers and social media users are a terrified lot if the events of recent past are anything to go by. The crackdown, harassment, arrests and prosecutions are not comforting.  It is no different from the now viral story of Saudi blogger Raif Badawi convicted for 10 years and 1,000 […]

19 January 2015 » iLaw Kenya

Do you think a judge may be biased against a litigant based on his tribe, race or even religion? Tribalism and negative ethnicity is a big deal in Kenya, almost every issue is seen with a tribal prism and it is no surprise that litigants, albeit,   not publicly, question court’s independence based on the presiding […]

05 January 2015 » iLaw Kenya

The only way that courts communicate to the public is through their decisions. The Supreme Court of Kenya is the country’s apex court; it decides the most important of cases and shapes the law. Its decisions are binding to all the other lower courts, except the Supreme Court itself. Being the highest court in the […]

01 December 2014 » iLaw Kenya

Beneath the lush, green and well pruned tea estates doting Bomet, Kericho and Nandi counties is the discontent, bitterness, incitement and sense of exploitation by the local community on one hand. On the other is a bunch of profiteering brokers, politicians and corporations seeking a piece of the multi-billion worth of tea plantations. The leases […]

18 November 2014 » iLaw Kenya

John Grisham has thirty three books under his name, the latest being Gray Mountain, a legal fiction. Grisham’s readers are usually treated with the thrill of legal stories and theories, though based on American legal system. Whereas most of the books are fiction, they speak to the reality of legal practice, court systems and life. […]

10 November 2014 » iLaw Kenya

Advocates of High Court of Kenya cannot just post anything on social media;  Facebook, Twitter, YouTube, Instagram, MySpace, LinkedIn and Tumblr. They are officers of the court and they cannot be posting pictures of themselves watching soccer and jumping. They should live like contemplative Franciscan monks, privately and professionally.Thanks to new the  directives issued by […]

10 November 2014 » iLaw Kenya

Recently, we posted here about the day court called banks predators, vultures and  robbers. This was in reference to the the manner in which  Housing Finance Company Kenya Limited mismanaged a borrower’s loan account defrauding him. Now the Court of Appeal has pulled another plug on banking industry, that  banks cannot vary interest rates  arbitrarily. […]

04 November 2014 » iLaw Kenya

When four top executives of British American Asset Managers Limited (BAAM) a subsidiary of British American Investments Company (Britam) (Kenya) Limited quit their jobs to establish a competing firm,   all eyes have been on the new kids on the block. The team of Edwin Dande, Elizabeth Nkuu, Patricia Wanjama and Shiv Arora were the Chief […]

27 October 2014 » iLaw Kenya

Ask anyone who has had a facility with a bank and thereafter experiences financial problems not to service the account. The smiles of the Customer Relations Officers immediately fade, the humanity and the exquisite premium account treatment one often receives is immediately replaced with vicious looking auctioneer ferrying hoodlums in a lorry towards your house […]

21 October 2014 » iLaw Kenya

There are two ways in which County Executive Committee Members (CECs)  also known as “County Ministers” can be removed  from office. One is by the governor on his/her  own motion or by a resolution of County Assembly. We wrote here about  removal by the governor. The Court has now  declared section  40 of the County […]

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