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...

New Year's Address by Prof J Osogo Ambani, LLD, Dean, and Associate Professor of Public Law, Kabarak Law School It is my brother and colleague Mr Elisha Ongoya's Facebook page that first broadcast the news (in March/April 2021) that I had joined Kabarak Law School (KLS) as Dean and Associate Professor of Public Law. The matter went viral when that ...

 Pawi Sylvian Fortune* "Jails and prisons are designed to break human beings, to convert the population into specimens in a zoo; obedient to our keepers but dangerous to ourselves."[i] Bail is the release from custody, pending a criminal trial, of an accused person on the promise that money will be paid if he absconds.[ii] Equally, a bond is a...

 Mercy Kibet Jebaibai* "Lawyers are not liars and cheaters; they are just creative problem solvers." – David E. Kelley Have you ever watched a movie where lawyers are portrayed as scumbags who will lie to protect guilty clients? Or even worse, come across someone who randomly stated 'lawyers are liars' and that they have connections and backro...

 *Elsy Jemutai* Due diligence is the process of carefully investigating and verifying all aspects of a land transaction to ensure that one is making an informed and secure investment.[i] It is the most fundamental process in acquiring land as a prospective buyer needs to ascertain the ownership of land.[ii] The Land Registration Act stipulates...

 By Tekin Saeko* Competition law is a field of law that is pertinent to the economy of any country and the growth of its industries in a fair and efficient environment. The tenets of competition law are not vastly known and often issues may go unnoticed by the layman. The relationship between companies, both big and small, is regulated which i...

Florence Shako *first published by Afronomicslaw* One of the sites where the legacies of colonialism continue to be perpetuated in the Global South is the law classroom. In the teaching and research of international law, 'mainstream' narratives of international law are privileged as the Subject and critical international law scholarship as the Othe...

Kenaya Komba Picture yourself in Goma, a vibrant city in the Eastern Democratic Republic of Congo. Beyond the bustling streets, a remarkable story of resilience and hope unfolds in the heart of this community.For those unfamiliar with the city of Goma, it is the capital of the North Kivu province in the Eastern part of the DRC. It is a touristic ci...

By Jabez Oyaro Good governance is the bedrock of a thriving democracy, ensuring the effective functioning of public institutions and the well-being of the society as a whole. At the heart of good governance lies the concept of political accountability, acting as the vital catalyst that allows the cake of good governance to rise. Just as baking powd...

By Esther-Blessing Nasimiyu A child is a gift to mankind.[i] To many, children are the true embodiment of hope, continuation and innocence. These flowery remarks found the discussion on the interconnection of three essentials: children, money and the digital space. On a daily basis, pictures depicting children are plastered on the internet. Aren't ...

 Okeke Victoria Ogochukwu "Kenya violence has a five-year life cycle with elections serving as the incubators"[i] Adeagbo and Iyi. Internal displacement is when people are forced to leave their homes due to a coercive condition, but remaining within the borders of their country.[ii] Internally displaced persons (IDPs) in their varying numbers ...

By Okeke Victoria Ogochukwu "Kenya violence has a five-year life cycle with elections serving as the incubators"[i] Adeagbo and Iyi. Internal displacement is when people are forced to leave their homes due to a coercive condition, but remaining within the borders of their country.[ii] Internally displaced persons (IDPs) in their varying numbers are...

By George Njogu As the world grapples with the increasingly dire consequences of climate change, nations are compelled to take urgent action and implement comprehensive strategies to mitigate its effects. Nestled in the heart of East Africa, Kenya finds itself standing at the forefront of this global battle against a changing climate.[i] In a count...

Colonialism has caused a wide-spread involuntary intermixing of Western and African intellectual categories in the thinking of contemporary Africans. It is only through a critical spirit that a contemporary African can construct a philosophy suited to present-day existence.[1]~Kwasi Wiredu~ By Laureen Mukami Nyamu* The contemporary African is a tap...

By Patricia Buyeshe Angaya* "No rule of natural justice, no rule of statutory protection, no rule of evidence, and no rule of common sense is to be sacrificed, violated, or abandoned when it comes to protecting the liberty of the subject. He is the most sacrosanct individual in the system of our legal administration."- Madan, Kneller and Nyarangi J...

By Terry Ombati* "Indeed, the title or lease is an end product of a process. If the process that was followed prior to issuance of the title did not comply with the law, then such a title cannot be held as indefeasible.…"[i] The Supreme Court of Kenya has resolved the contradicting position of a bona fide purchaser. It emphasised, in Dina Managemen...

King David Arita The recognition of animal rights and welfare, particularly as pertains their health, gained substantial traction during the late twentieth century.[i] This was spearheaded by a series of efforts led by scholars and complementary institutions, shedding light on the rights and welfare of animals as sentient beings.[ii] The establishm...

By Willy Mutunga* "In exercising the powers conferred by this Article, the Director of Public Prosecutions [DPP] shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process." Article 157(11) of the Constitution of Kenya 2010.[1] There is an ongoing robust publ...

By Terry Moraa* "One of the officers struck me on the hand with a club. Another one hit me on the buttocks. While I was trying to recover from the blows, another one hit Pendo on the head with a club. The blow was so hard that the baby did not even cry."[i] Such is one of the devastating stories of police brutality. The Kenya Police had its beginni...

Introduction In the journey of life, we encounter individuals who radiate an extraordinary light, leaving a profound impact on our hearts and inspiring us to reach for greater heights. Yet, what happens when this luminous presence is tragically and unjustly extinguished, leaving us with a void that can never be filled? Today, we, the students of Ka...