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  • Constitutionality of the Community Land Act (Act No 27 of 2016) – Recipe for Confusion and Strife

    On promulgation of the 2010 Constitution, important aspects of community land were addressed in Article 63, essentially dealing with what was formerly designated as “trust land.”  Article 63(2) reads thus; “(2) Community land consists of— (a) land lawfully registered in the name of group representatives under the provisions of any law; (b) land lawfully transferred……

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  • UNCONSTITUTIONAL LAWS, SUPREMACY OF PARLIAMENT AND THE ROLE OF JUDICIARY.

    A citizen is led to believe that once an Act of Parliament has passed through the National Assembly, assented to by the President, date of commencement determined and duly published in the Kenya Gazette, the law is cast in stone. Really? An analysis of the legal position points to a contrasting scenario. Since the promulgation……

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  • Lessons For Kenya in Tomato Patent War

    Kenya: For over a century courts have been embroiled in legal battles relating to the humble tomato. And even today there are cases between nations and multi-nationals quibbling over this crop which some have termed ‘the evil tomato’. In the 1893, the American case of Nix vs. Hidden, the US Supreme Court in an action…

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  • Dilema Of Vetting Judges And Magistrates
    Dilema Of Vetting Judges And Magistrates

    Judges and Magistrates Vetting Board came into existence in 2011 after the enactment of the Vetting of Judges and Magistrates Act, which establishes the Board and its life since then begs many questions on its efficacy, challenges and usefulness. The Board’s main objective is to vet the suitability of all the Judges and Magistrates who…

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  • Demystifying Everyday Legal Issues
    Demystifying Everyday Legal Issues

    Any Advocate will tell you that everyday they are consistently being asked any number of questions on issues that face Kenyans whenever they are stopped by the police either while walking or while driving and as such I have attempted to answer a few of them:- Do backseat passengers in a private motor vehicle need…

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