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

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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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The bona fide purchaser conundrum and the validity of property titles: Insights from the Supreme Court of Kenya

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...

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​Balancing the human right to health with animal rights and welfare: The conundrum of stray dogs in Kenya

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...

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Independence and Integrity of the Office of the Director Public Prosecutions (ODPP)

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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...

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Police brutality: The familiar and recurrent evil

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...

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A promise to remember: Tributes to Emmanuel Mutura Ndwiga and Benson Njiru Ndwiga

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...

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Public procurement: The open tendering method vis-a-vis the principle of maximisation of value for money and the principle of fairness

By Mary W. Kinyanjui* Public procurement refers to the acquisition of any type of works, assets and services of goods by a public entity.[i] Such acquisition may be by way of purchase, rental, lease, hire purchase, license, tenancy, franchise or by any other contractual means.[ii]In conducting public procurement, public entities are mandated t...

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The rise of virtual banks: Disrupting traditional brick-and-mortar banking

By Morara Lewis "Every day is a bank account, and time is our currency. No one is rich, no one is poor, we've got 24 hours each." ~Christopher Rice The financial services industry has undergone significant changes with the rise of technological innovations in Fintech. These advancements present both opportunities and risks for consumers, inves...

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Witchcraft: An alternative, traditional dispute resolution mechanism?

By Nadya Rashid "You can use elders, churches or mosques to settle disputes. I have even been told that the people of Kitui, where I come from, are turning to witch doctors to solve some issues. Going to courts is foolish because you will lose your money to lawyers." ~ Willy Mutunga.[i] Traditionally, superstitions and supernatural means were mostl...

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Tribe of mentors: Reflections from a visit to Mzee Ongoya's abode

****** A select group of students had the privilege of visiting  Mwalimu  Elisha Zebedee Ongoya's home, these were their reflections from the mentorship experience*********** We often seek a guiding hand to show us where to go and stand, to shape our work, our goals and our views. But mentorship is more than this. It asks us to ...

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Examining the role of the IEBC Chairperson: Insights from the 2022 presidential election petition - Odinga & 16 Others v Ruto & 10 Others; Law Society of Kenya & 4 Others

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By Caleb Sadala All sovereign power belongs to the People.[i] All state officers act as trustees of the people when exercising state power. [ii] How then did the Supreme Court of Kenya in the 2022 Presidential Election Petition declare that the Chairperson of the Independent Electoral and Boundaries Commission (IEBC) acts as a delegate of the Commi...

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Voices in the wilderness: On the matter of demonstrations

By Willy Mutunga* This issue of demonstrations is not about Raila Odinga or William Ruto. It should not be individualised. It is about the rights of all of us and their protection, respect, and upholding under the Constitution. Article 37 of our Constitution states as follows: 'every person has the right, peaceably and unarmed, to assemble, to demo...

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The disenfranchisement dilemma: How the ghost of electoral injustice is haunting the political class

By Joshua Koome There are no magic words on paper. Like other people in the world, Kenyans must be determined enough to create the future they want. A future anchored on justice, good governance, and the rule of law, among other values, codified in Article 10 of the Constitution.[i] Big election losers will tell you that a scrutiny of the previous ...

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The Changing Face of Marriage: Understanding Perceptions of Marital Equality vis a vis" Ogentoto vs Ogentoto"

By Gloria Adenyi 'The cock can feather the nest because he does not have to spend most of his time sitting on it'[i]. This saying is a metaphor of what happens exactly in our marriages. The cock being the husband, who goes to work every day leaving the wife in the nest to maintain and take care of the home and the children. This leaves the wife wit...

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Marital Equality versus Equity: A Dive into the Kenyan Supreme Court Decision in Ogentoto v Ogentoto

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...

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The Supreme Court Appellate Jurisdiction (as of right) in appeals from judicial review: Wanjigi v Chebukati

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...

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Secularism at stake: The perils of religous consolidation in Kenya

By Chris Maina The Preamble to the Constitution of Kenya 2010 acknowledges the centrality of religion in Kenya.[i] Article 8 goes on to provide that there is  no state religion. In essence, Article 8 has appreciated the religious and cultural differences that exist among Kenyan communities. Based on Article 8, Kenya is a secular state. A secul...

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Thorns in roses: Struggles of a first year law student

By Nasra Omar Looking back at my early teens, I cannot help but reminisce about when I would find happiness in the simplest of things. Just sitting on a rooftop could give me immense joy and peace. I would let the airy breeze caress my little soul, and sweep away all my problems, as if I had any. I liked to fantasise about my future. This little wr...

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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)


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

P.o private bag 20157, Kabarak.

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