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The Role of Law in the Administrative System

The administrative law has been always misunderstood. It is simply about how the State system functions through its institutions and sub-institutions. The Constitution is the greatest legal institution that enables the state to function. The modus operandi and modus decidendi of the state is seen in the operations of the …

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The rot in the Kenya’s law society

Kenya has gone to bed with the devil…! It does not require a lot of research to tell what is happening in a society that is deemed to be the apple of justice in Kenya, that is the Law Society of Kenya. It is just enough to look at the …

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The Constitution without Constitutionalism

The late Prof. Okoth-Ogendo, known by his peers as the guru and respected across the board, wrote an inspiring article, “The Constitution Without Constitutionalism”. None of us today has ever questioned the constitutionality of the constitution. The Republic of Kenya has been praised for its progressive constitution of 2010 that …

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Distinction between custom and statutory law

Colonization initiated the process but did not accomplish it! I invite you all to read my forthcoming book on African law and Developing an African Jurisprudence. This blog story is not to pre-empt the content and discussions in the book but to broaden the academic debates around African Customary Law …

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Irrelevance of oath taking ritual in the Kenya’s system

Oath taking and swearing under oath or sworn affidavit are all one and the same thing. In Kenya there are practicing advocates and commissioners of oath. The word oath is not an introduction of colonial law in the Kenyan system. Oath taking is also used in traditional systems. Kula Kiapo …

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Kenyan criminal justice in dire need for improvement

There is no place on earth that is so humiliating and demeaning than the cells and jails in Kenya. Kenya has maximum prisons where capital offenders are jailed. The heaviest punishment in Kenya still stands to be death penalty by hanging as stated in the Penal Code. There are also …

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Court ruling that almost shook the Kenya’s civil rights

The death and burial of Silvano Melea Otieno, a Kenyan criminal lawyer of his style brought into the Kenyan traditional jurisprudence a case that lasted 6 months in the corridors of justice in 1986. He was born in a Luo village Nyamila Nyalguga in the current Siaya County in 1931. …

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What you should know about the Court

A good number of people know very little about the court. Generally many people see the court as where you go when you have committed a crime or you have questions to answer on civil matters or you have been accused by another person. It is wise to get the …

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Traditional Law A Curse Or A Blessing For Kenya?

Protection of Traditional Knowledge and Cultural Expressions Act, No. 33 of 2016 has been passed by Parliament in Kenya. This should be the turning point for the long awaited scholarship in African customary law. Even if African customary law is not articulated in the Act, it is already an achievement …

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