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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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.

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