Making a case for the right to access justice for non-citizens in Kenya: The role of law clinics in ensuring the right to legal aid for migrants

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...

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Jurisprudential disarray at the High Court: The conflicting judgements on the status of statutory institutions as government departments in ABSA Bank case and Tom Ojienda case

 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...

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Analysing the status of private military companies in international and non-international armed conflicts

 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...

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The art of arguing: Lessons from Thomas Macaulay’s speeches on copyright law

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...

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Guaranteeing the right to privacy for people living with HIV and AIDS: Unpacking the decision in PMM v EA (2023)

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 ...

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The Slip Rule: Assessing the Supreme Court jurisdiction to review its own decision in Kenya

 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...

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Welcome to 2024, to Canaan, to the premier world

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 ...

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Bail bond and electronic tagging: A remedy to declutter prisons and to avert absconding trial in Kenya

 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...

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Why lawyers are not ‘liars’: Examining the truth behind the stereotype

 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...

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Reconciling the due diligence obligation before and after the Dina Management decision in light of the Mavoko demolitions

 *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...

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The scourge of price fixing in Kenya

 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...

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Dismantling epistemic violence and eurocentrism in the teaching and research of international law in the Global South: A reflection

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...

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The day and Night of Goma : My Journey through Mt Nyiragongo’s 2020 eruption and the DRC-Rwanda Conflict

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...

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Political Accountability and Integrity: Reconciling the dream of Chapter Six of Kenya's Constitution with reality

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...

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Examining child labour in the digital age and the status of legislation in Kenya: Gaps, progress and possibilities

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 ...

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From Ballots to Tents: Highlighting the suffering of the Internally Displaced in Kenya's 2007 Post-Election Aftermath"

 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 ...

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From Ballots to Tents: Highlighting the suffering of the Internally Displaced in Kenya's 2007 Post-Election Aftermath"

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...

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  553 Hits

Analyzing the Kenyan legal framework’s responsivity to issues of climate change and climate adaption

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...

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Personhood, rights, and the African philosophical paradigm in human embryonic stem cell research

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...

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Reconciling the De-novo Principle and timely justice following the transfer of judicial officials

Photo courtesy of Unsplash.com

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...

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Our Moral Code

As members of Kabarak University family, we purpose at all times and in all places, to set apart in one’s heart, Jesus as Lord. (1 Peter 3:15)

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Located 20 Kilometres (12mi) from Nakuru City CBD, along the Nakuru – Eldama Ravine road.

P.o private bag 20157, Kabarak.

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