Respect for administration of justice is facing a serious crisis

Every advocate faces the moment when he must advise a client on obeying court orders. And numerous court decisions come to mind, where courts have insisted their orders must be obeyed, and the only remedy for a party who disagrees with a court order is to try to set it aside by review or appeal.

By Kanjama 12 years ago

Senate sealed Wambora’s fate but he may not be out just yet

One of the dramatic moments of political history that comes to mind is the impeachment of Andrew Johnson in 1868. Andrew Johnson, who succeeded Abraham Lincoln as American President upon the latter’s assassination, was accused of abuse of office and violation of the Constitution arising from his decision to sack his Minister of War due to policy differences.

By Kanjama 12 years ago

Lessons in internal democracy from Law Society of Kenya polls

Six months ago, when newly re-elected Law Society of Kenya (LSK) chairman Eric Mutua informed me of his intention to run for a second term, my first reaction was surprise. I had not been aware, until then, that the law actually allowed a chairman to seek re-election after doing his traditional two-year term.

By Kanjama 12 years ago

Why LSK stands at a critical juncture

Felix Mwaura Gatundu is what one friend would call ‘an advocate non-advocate’. A paradox. An oxymoron. This week Felix highlighted what is wrong with the ongoing Law Society of Kenya (LSK) election campaigns.

By Kanjama 12 years ago

State dropped the ball on mega railway project

A probe, according to the dictionary definition, is a long thin instrument used to conduct an intrusive search. As a verb, to probe means to search or examine intrusively.

By Kanjama 12 years ago

Nations are free to decide legislative approach to gayism

When British lawmaker John Stuart Mill (1806-1873) penned his influential work, “On Liberty” (1859), he probably did not foresee how far the application of his philosophy would take the modern world. Mill was the son of a Scottish philosopher.

By Kanjama 12 years ago

LSK needs servant leader who’ll drive members agenda

About the turn of the century, I attended two job interviews. One was in a leading audit firm and the other in a respected law firm.

By Kanjama 12 years ago

To drive growth, we cannot afford ‘to sock the rich’

Sometime in the 19th Century, somewhere in Europe, a busy town was separated from a poorer residential quarter by a river crossed by a footbridge built by the town authorities. Any person crossing the footbridge had to pay some money, say ten shillings, to cross one way or the other.

By Kanjama 12 years ago

Why I would give Kenya grade B minus for this year

Wisdom is one of the greatest virtues in theology. St Bonaventure notably warned against, reading without repentance, knowledge without devotion, research without wonder, prudence without joy, work without piety, learning without love, intelligence without humility, study without grace and thought without wisdom.

By Kanjama 12 years ago

This Christmas stand in solidarity with those in despair

In 1984, at the height of the Ethiopian famine, a BBC report was aired in England exposing the extent of the human tragedy.

By Kanjama 12 years ago

Legislative autonomy extends to court orders, this is why

Probably the most important judgment of 2013 is October’s appeal decision in Joseph Mwaura v Republic.

By Kanjama 12 years ago

All these bravado, false humility will only hurt us

Soon after high school, I got into the habit of visiting a basketball court for casual Sunday sport. I was rather below the average height on the court, and though shorter players typically make good dribblers, the height disadvantage at the board easily resulted in an inferiority complex.

By Kanjama 12 years ago

Resist the apparent push by the West for gay rights

Inevitable’ is the fallacy of the intellectually dishonest. Or maybe it is the refuge of the intellectually lazy. Or sometimes the destination of false pragmatists.

By Kanjama 12 years ago

Blaming our failures on population size is escapist

If you only have a hammer, so the saying goes, every problem looks like a nail. Every crisis appears in need of a hammer.

By Kanjama 12 years ago

ICC deferral or default: The writing is on the wall

In a 2008 Hollywood movie, 21, Kevin Spacey acts as a brilliant lecturer teaching some students how to make loads of money playing Blackjack in the casino. Early in the movie, Spacey asks his “non-linear equations” class a question, which he calls the “game-show host” problem.

By Kanjama 12 years ago

Parliament must exercise oversight role over JSC

In May 1787, James Madison arrived in Philadelphia for a constitutional convention.

By Kanjama 12 years ago

President must abide by the law to win public trust

A story is told of an aggressive businessman who wanted to teach his son a valuable lesson. And so he placed his young son on a cabinet and told him,

By Kanjama 12 years ago

Tribute to heroes who emerged from tragic mall attack

Tragedy often brings heroes with it. The greater the crisis, the greater its heroes. And because we yearn for heroes in moments of crisis, some are made heroes while undeserving of the accolade.

By Kanjama 12 years ago

America’s anti-Kyoto stand is Kenya’s anti-ICC position

Unlike the Rome Statute of the ICC, the 1997 Kyoto Protocol to the UN Framework Convention on Climate Change has 191 state parties, including all but four UN member states.

By Kanjama 12 years ago

America’s anti-Kyoto stand is Kenya’s anti-ICC position

Unlike the Rome Statute of the ICC, the 1997 Kyoto Protocol to the UN Framework Convention on Climate Change has 191 state parties, including all but four UN member states.

By Kanjama 12 years ago

There is need to look at other actors in ICC cases

Anyone who works in the legal justice system gets to learn, sooner or later, that even the best judge is unable to attain a high standard of justice unless the other actors in the system have integrity, competence and efficiency.

By Kanjama 12 years ago

ICC should respect Kenya’s sovereignty as trial kicks off

A regular newspaper columnist can look back and trace their intellectual path on a particular topic over the years. In May 2010, while criticising Kenya’s draft constitution, I noted the danger of introducing international law as a direct source of law in Kenya without Parliamentary input.

By Kanjama 12 years ago

Parasitic wasps seem to have landed in our courts

Taxonomy, namely the classification of living things, is an area of biology that can be quite boring or extremely exciting, largely dependent on the teacher.

By Kanjama 12 years ago

Changes to 2010 law must be genuine and necessary

When Kenya’s first Constitution was three years old, it had already undergone significant transformation. Kenya obtained independence as a parliamentary democracy, with the Queen’s appointee, Governor Malcolm Macdonald, as head of state.

By Kanjama 12 years ago

Without good faith from all Kenyans, devolution will fail

The annual conference of the Law Society of Kenya (LSK) proved to be the intellectual and political centre for the debate on devolution this past week.

By Kanjama 12 years ago

Let’s oppose calls by transgender movement on sexual identity

The LGBTI lobby is a threat to you, your family, your work and your society

By Kanjama 12 years ago

US, UK and France should be condemned fuelling Syria war

Never think that war, no matter how necessary, nor how justified, is not a crime

By Kanjama 12 years ago

TJRC should have given us more, not the expected

Six years ago, I read a copy of Caroline Elkins’ landmark book Britain’s Gulag

By Kanjama 12 years ago