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Book Review: The struggle for land and justice in Kenya by Ambreena Manji
No full textAmbreena Manji’s The struggle for land and justice in Kenya, James Currey, 2020, aims to provide a socio-legal approach to understanding developments in the land domain in Kenya between 2010 and 2020. Specifically, the book studies land accumulation by dispossession and the struggles against exploitation through a justice framework. The book is divided into 8 chapters
Keynote address by Hon Justice Martha Koome, EGH, Chief Justice and President of the Supreme Court of Kenya, during the launch of Attorney General Emeritus, Prof Githu Muigai’s book, 15th July 2022: Book title: Power, politics & law: Dynamics of constitutional change in Kenya, 1887-2022
No full textKeynote address by Hon Justice Martha Koome, EGH, Chief Justice and President of the Supreme Court of Kenya, during the launch of Attorney General Emeritus, Prof Githu Muigai’s book, 15th July 2022
Different in colour, equal in rights: Discrimination as a link to the violation of other rights of persons with albinism
Get PDFWhereas it can be argued that generally, in Kenya, there exists cogent laws that guarantee all persons the enjoyment and protection of inherent fundamental rights and freedoms, this article submits that it is not a lived reality for persons with albinism. The article focuses on the freedom from discrimination where it argues that ignorance among members of Kenyan society is the main recipe for discrimination against persons with albinism. As will be evidenced in this article, such discrimination is cross cutting and it affects the enjoyment of the rights to dignity, education and employment. This article also discusses the gains and shortfalls of the legal regime under which the rights of such persons are anchored by making reference to; the Constitution of Kenya 2010, statutes such as the Convention on the Rights of Persons with Disabilities among others. Moreover, it proposes measures to curb violations of the rights of persons with albinism such as efficient and widespread public education through the creation of awareness of the rights of persons with albinism
The Exclusive Economic Zone and the legacy of FX Njenga
Get PDF‘No man is truly great who is great only in his lifetime. The test of greatness is the page of history.’ William Hazlit
Foreword: Professor Willy Mutunga
No full textI joined Kabarak University as professor of public law in October 2021. For the first few months, one question raged in my mind, ‘What can Kabarak Law School do in search and defence of radical legal education?’ The answer to this question is reflected in my Inaugural Lecture, which is published in the Kabarak Law School Occasional Paper Series in January 2022. It is my hope that the reflections in the lecture were considered by students, faculty, and the administration in the University
Sharon Moraa Amwama
No full textIn effecting the vision of Kabarak University, ‘To become a centre of academic excellence…’ Kabarak University Law School presents to you the very first issue of the Kabarak Law Review. This journal is set as a revival of the Kabarak Students’ Law Review which dates back to 2014. The journey towards this revival started as a dream whose reality is seen today. It has been my aim and that of the Kabarak University Law Students Association 2020-2021 to realise this dream and we cannot be prouder of this accomplishmen
Accommodation as an expression of the right to equality: A case note on Fugicha v Methodist Church of Kenya
No full textThe question of religious freedom in institutions of learning has been canvassed by Kenyan courts over the past decade in a number of cases. One of the common issues in most of these cases has been that of mandatory uniformity of dress and activity alike, which has been argued to be discriminatory. In the case of Fugicha, the Court of Appeal found that reasonable accommodation of various beliefs is a requirement under the right to equality. This finding was set aside upon appeal to the Supreme Court which ruled that the issue of inequality had been introduced improperly into the case, and that the court could therefore not decide on the matter. In March 2022, the Ministry of Education issued a circular on violation of religious freedoms in schools, seemingly based on the Court of Appeal judgements in Alliance High School and Fugicha. This note reviews Fugicha in light of the circular, arguing that the circular gives effect to the Court of Appeal finding despite the Supreme Court having set aside that judgement
ASSESSING COUNTY GOVERNMENT STRATEGIES ON DISASTER RISK MANAGEMENT: A CASE STUDY OF NAKURU COUNTY
Get PDFDisasters, both natural and manmade, have the potential to lead to significant human and economic losses at any time without warning. The rising emergencies such as fires, climate change resulting to floods, pandemic event and terrorist attack that rapid urbanization brings to Nakuru necessitated the current study. The main aim of the study was to assess the extent to which disaster management strategies have been deployed in Nakuru County. The specific objectives were to examine how hazard mitigation, disaster preparedness, disaster response and disaster recovery strategies have been applied to bring about community resilience among Nakuru County residents. The study used the descriptive survey. The target population consisted of those with disaster management roles employed at the county level comprising 456 employees where a sample of 138 employees was selected using stratified random sampling. A semi-structured questionnaire was used to collect data from the respondents. Collected data was analyzed using both descriptive and inferential statistics. Percentages were used to describe the responses while inferential statistics involving correlation analysis, regression analysis and chi-square test were used. Correlation analysis showed positive relationship between improved disaster mitigation, disaster preparedness; disaster response and disaster recovery strategies on community resilience. The study recommended need for training, increased communication and coordination on a continuous basis with all the key stakeholders. Further research is needed to highlight how that coordination can be carried out
Influence of Championing Alternatives on Strategy Execution in Insurance Companies in Kenya
No full textThe purpose of the research was to establish the influence of championing alternatives on strategy execution in insurance companies in Kenya. The study also examined how organizational culture moderates the relationship between middle level management involvement and strategy execution in insurance companies in Kenya. The study targeted Kenyan insurance sector with a population of 436 middle managers. The study was guided by the positivism philosophy and used a descriptive correlational research design. . The population of study was 436 middle level managers in all the 49 insurance companies in Kenya. The sample size computed upon using the Yamane (1967) formula revealed a sample size of 209 respondents. A correlational result clearly demonstrated that championing alternatives significantly correlated with effective strategy executive, r (174) = 0.568, p < 0.05. the analysis revealed that there was a strong and positive relationship between championing alternatives and strategy execution among middle level managers in insurance sector in Kenya. The study also revealed that organizational culture positively and significantly moderated the relationship between championing alternatives and strategy execution, β = .059, t(173) = 5.436, p <.05. A manager who is an organizational champion is admired and influences employees
Structural interdicts in Kenyan constitutional law
Get PDFThe promulgation of the Constitution of Kenya 2010 marked the start of a new era. No longer were we a nation subject to the will of the president or left at the mercy of parliament. The Constitution, as it strongly proclaims, was the supreme law of the land towering over every other law and person. It draws this position of power from the Kenyan people as the people who elected for it to be the law that ruled over the land. It is therefore no surprise that the rights it grants the people are not only prominently placed but are subject to great protection from violation and encroachment