By Esther-Blessing Nasimiyu* Introduction Picture a campsite. The said camp is not the idyllic one you envisioned while crafting your bucket list and filling out the 'list of activities' section at the start of the year. Rather, I would like to draw your attention towards the sites in Kakuma and Dadaab, Kenya's refugee settlements.[i] One major fac...

 By Justice Richard Mwongo* Oh! Judiciary, Tears stall over closed eyelids Death Stings even if only one does fall A sister lost through the piercing blast of a gun Whilst parsing the law on duty's call by the hands of a murderous law enforcer, so oath; A brother lost through the skilled surgeon's run Of his blade seeking to save life and limb...

 Na Mheshimiwa Yusuf Shikanda* Mioyo yetu imejaa huzuni, ewe Mola tufariji, Huzuni ambayo ni ya kina, kisha ya kibinafsi, Tumepata pigo la ghafla, pigo lenye uzani, Majanja kasusia uzima, katuacha bila kwaheri, Ama kweli Maisha kigeugeu, hatima yake mauti, Buriani Gwiji Majanja, pumzika kwa amani. Maisha yetu yatakuwa tupu, katika mambo a...

By Mercy Jebaibai* "We find that the introduction of the Housing Levy amendment to Section 84 lacks a comprehensive legal framework in violation of Article 10 of the Constitution, that levy against persons in formal employment without justification is discriminatory and irrational,"[1]- Justice Majanja In the hallowed halls of Kenya's judiciary, Ju...

By Sarah Muhonja* Justice David Majanja was a judge of the high court who upheld the constitutional principles highlighted in both the preamble and article 10 of the constitution. He delivered several judgements that have enriched jurisprudence in Kenya and will definitely be remembered for the same. His dedication to the law was admirable and his ...

 By Terry Moraa* "Although the Courts do not ordinarily conduct business on Sundays and weekends, there is no rule of law or procedure that prohibits them from doing so and in an appropriate case when moved…. Perhaps it is time for the Chief Justice to issue practice directions for the hearing of urgent matters on weekends and public holidays ...

 Patricia B Angaya* The main purpose of statutes is to promote access to justice. To achieve this purpose, it is necessary that statutes are interpreted or construed in a manner that determines the statute's significance. Interpretation of a statute is the process of analysing the real intention of a legislative body whose intentions are stipu...

 Patricia B Angaya* The main purpose of statutes is to promote access to justice. To achieve this purpose, it is necessary that statutes are interpreted or construed in a manner that determines the statute's significance. Interpretation of a statute is the process of analysing the real intention of a legislative body whose intentions are stipu...

Alex Tamei Introduction Kenya's budget-making process has traditionally been driven by a focus on economic growth and fiscal consolidation. The government primarily aims to increase revenues, manage public debt, and stimulate economic development through various fiscal policies. However, this approach has increasingly become problematic, as evidenc...

By Brian Kipchumba* The adoption of the Constitution of Kenya 2010 and the establishment of the sovereignty clause brought a wave of hope to the Kenyan populace.[i] However, fourteen years later, this ideal seems far from reality. Citizens have become the servants instead. The legislature, which ought to represent the people's interests, has become...

By Mercy Kibet Jebaibai* "To expand the tax base and make our country self-reliant, I propose to introduce an annual motor vehicle tax rate of 2.5 percent of the value of the vehicle subject to a minimum amount of Sh.5,000 per annum," Professor Ndung'u.[i] In the bustling streets of Kenyan cities, a new policy shift steered conversations from matat...

By Hiltruda Nyokabi* "By acting to counter threats to our planet that go beyond national boundaries, you are demonstrating that global threats deserve global action."[i] Climate change, environmental degradation, and armed conflict are three of the most pressing issues facing our world today due to their extensive and interconnected impacts on huma...

By Favour Lazarus* Introduction We talk about the fact that humans have alarmingly lost that which makes them distinct from other animals in terms of reasoning and intelligence. This is undoubtedly so, given that a simulation of human intelligence into machines has extended that ability and divulged that peculiarity from humans. However, we hardly ...

9By Rugenge wa Nciko* At the international level, no universally accepted definition of "migrant" exists. The International Organisation of Migration defines a migrant as any person who moves away from their place of usual residence, whether within their country or across an international border, temporarily or permanently, and for a variety of rea...

 Terry Moraa* "While decisions of co-ordinate courts are not binding, these decisions are highly persuasive. This is because of the concept of judicial comity, which is the respect one court holds for the decisions of another."[i] - Justice Mativo The above quotation from Justice Mativo's holding, finds resonance in the discussion of this arti...

 By Youngreen Peter Mudeyi* There has been a great proliferation of private military companies (PMCs) with states increasingly hiring them to act in zones of warfare.[i] The increase in private military companies is largely due to weakened state and military structures and the rising number of conflict zones, prompting governments to seek cost...

Marion Joy* Background The Avid Readers Forum of Kabarak Law School, is a platform where people interested in acquiring academic knowledge occasionally gather to discuss various legal topics. The Forum's discussions are often based on academic material such as; articles, speeches, judgements, among others. The discussions are led by a sole discussa...

By Terry Ombati* The Ministry of Health indicated that approximately 1.4 million Kenyans are living with HIV and AIDS by August 2023.[1] In addition, about two in five women and men experienced stigma because of their HIV status in a community setting.[2]The privacy of people who are living (or perceived to be living) with HIV and AIDS needs to be ...

 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 ...