INTRODUCTION In a recent case namely Ripples International v Attorney General & another; FIDA (Interested Party) (Constitutional Petition E017 of 2021) [2022] KEHC 13210 (KLR), it was held that sections 35(1)(b), 36(1)(b) and 39(1)(a) and (b) of the Law of Succession Act were declared unconstitutional for being restrictive of the women and female child’s right...
INTRODUCTION The doctrine of exhaustion ensures the postponement of judicial consideration of matters to ensure that a party is, first of all, diligent in the protection of his own interest within the mechanisms in place for resolution outside the Courts. In the case of Muka & another v Malala & 12 others; Commission for University Education...
INTRODUCTION In a recent judgment delivered on 26/09/2022 namely:-Kitelo & 2 others v County Government of Bungoma & another (Environment & Land Case 10 of 2020) [2022] KEELC 4901 (KLR), it was held that the conversion of the trust land occupied by the Ogiek/Ndorobo Community of Mt Elgon into Chepkitale National Reserve is null and void without any legal effect. BRIEF...
INTRODUCTION Private prosecution in criminal law refers to a member of the public other than the prosecutor initiating criminal proceedings. This is provided under section 88 of the Criminal Procedure Code. In the case of Abdulmajid v Khitami & 2 others (Criminal Appeal E014 of 2021) [2022] KEHC 9908 (KLR) the learned judge rendered his judgment, stating that it is only the...
INTRODUCTION It is crucial to draft pleadings in court that are persuasive, short, and simple. Pleadings ought to speak for themselves. As a litigant, one must be wary of the laws applicable and procedure of different courts so as to avoid embarrassment and dismissal of their cases simply because of poor drafting skills. In the...
INTRODUCTION Children’s rights as enshrined under the Constitution of Kenya,2010. Their vulnerability makes them more susceptible to the harshness of the outside world. It is therefore important to protect their rights with the help of governmental institutions. This can be achieved by enhancing justice delivery and adequate legal representation. CHALLENGES IN THE LEGAL PROFESSION ...
INTRODUCTION In a recent case delivered on 7/07/22; Republic versus SWN- Nakuru Criminal Case Number 22/ 2019, an accused person who was mentally unfit stabbed her son killing him instantly. During sentencing and mitigation, the accused person was very remorseful and accepted the consequences of her actions. She indicated to court her efforts of regular attendance...
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