Levy Masinde Omuse* Introduction The case of R v Karisa Chengo was an appeal by the Director of Public Prosecutions (DPP) arising from the judgment of the Court of Appeal sitting in Malindi.[1] This case stood the test of Kenya's judicial hierarchy having come all the way from the magistrate's court to the apex court of the land. The case raised su...

 Youngreen Peter Mudeyi* The general rule is that once a court has duly pronounced a final order, it becomes functus officio (of no further authority or legal effect) and has no power to alter the order.[i] Debates arise on abandoning precedent adherence, but great advocacy is that it is a general rule and not an exception because reopening pa...

By Adeline Chelagat Kiptoo Second Amendment Schedule The Bill purported to take away the mandate of the Independent Electoral and Boundaries Commission (IEBC) by suggesting the manner of delimitation and distribution of the constituencies, the time frame for the creation of constituencies and the criteria to be used for delimitation (Mwilu VCJ, par...

By Elvis Mogesa The Supreme Court of Kenya is bestowed with different types of jurisdictions.[i] The appellate jurisdiction prescribed in Article 163(4)(a) has often proved to be a legal conundrum. The substance of this provision is that the Supreme Court shall listen to appeals from the Court of Appeal that are as of right involving the interpreta...

By Alexander Mutua For better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish till death do us part…[i] The Ogentotos,[ii]were husband and wife who had acquired a piece of land and constructed their matrimonial home together with rentals in the parcel of land. However, in 2008 the marriage hit rock bottom and w...