The Judiciary and its intrigues
Three cases are pending in the Constitutional Division of the High Court where sitting judges have questioned their age of retirement under the Constitution.
By Pravin Bowry 8 years ago
The Judiciary and its intrigues
Thumbs up CJ for making life easier
Last week the country refreshingly saw the highest judicial officer, the Chief Justice, come down from his high pedestal and confront two administrative weaknesses which have bedevilled the justice system.
By Pravin Bowry 8 years ago
Thumbs up CJ for making life easier
It's high noon for cheating banks in Kenya
Thousands of Kenyans have over the last two decades or so endured unimaginable misery with the collapse of banking institutions, painted by the national regulatory authorities, independent auditors and even the banking insider community as sound and flourishing.
By Pravin Bowry 8 years ago
It's high noon for cheating banks in Kenya
Change in corporate laws in Kenya welcome
On September 11th, 2015 President Uhuru Kenyatta assented to the Companies Act 2015, and set the Kenyan record for adopting the most voluminous law in the country. The Act comprises 1022 pages and has 1026 sections. It repeals the antiquated Act of 1948 having 46 sections and 571 pages.
By Pravin Bowry 8 years ago
Change in corporate laws in Kenya welcome
No easy walk making Government pay
It is a national disaster that thousands of students are coming into cross-fire between the Government and striking teachers.
By Pravin Bowry 8 years ago
No easy walk making Government pay
Succession laws in Kenya need fine-tuning
The pace at which the personal laws have been and are changing is bringing forth contradictions, challenges and dilemmas that need to be appreciated and addressed.
By Pravin Bowry 8 years ago
Succession laws in Kenya need fine-tuning
Irony of law agents who don’t value time
In the application of various laws in Kenya, there is profound and unaddressed paradox relating to ‘time’.
By Pravin Bowry 8 years ago
Irony of law agents who don’t value time
Review laws on Kenya judicial officers’ conduct
The ongoing altercation between the Mombasa Branch of the Law Society of Kenya, the Chief Justice and the Judicial Service Commission (JSC) where over 800 signatories are seeking the Chief Justice’s resignation, rightly or wrongly, for alleged impropriety and breach of law, highlights a fundamental constitutional lacuna.
By Pravin Bowry 8 years ago
Review laws on Kenya judicial officers’ conduct
Sports Act heralds new era for games
The crowning of Kenya as a world champion at the just-concluded World Athletics Championships in Beijing is a feat that will be relished for years to come.
By Pravin Bowry 8 years ago
Sports Act heralds new era for games
Kenya's law not fully in place, but so far so good
The 2010 Constitution envisaged that the exercise of transition from the 1962 Constitution to the 2010 Constitution would be complete by midnight today.
By Pravin Bowry 8 years ago
Kenya's law not fully in place, but so far so good
Taking oath has profound legal obligations
The very first preamble to the 2010 Constitution acknowledges the "Supremacy of the Almighty God of all creation".
By Pravin Bowry 8 years ago
Taking oath has profound legal obligations
Try e-monitoring to ease jail congestion
There are 108 prisons in Kenya with an estimated population of close to 50,000 inmates at any given time.
By Pravin Bowry 8 years ago
Try e-monitoring to ease jail congestion
Can discretion affect delivery of justice?
In the realm of criminal law, there exist legalities which render the concept of justice philosophically intriguing and one of the technicality is what is termed 'discretion'.
By Pravin Bowry 8 years ago
Can discretion affect delivery of justice?
Let’s usher in new era for justice in Africa
A new era appears to have dawned for the people of Africa. For the first time in African history, an African court is to dispense justice for alleged atrocities committed against his people by an African leader.
By Pravin Bowry 8 years ago
Let’s usher in new era for justice in Africa
Criminal justice system breaking down
Interestingly, just last week, US President Barack Obama, while speaking in Philadelphia at a function of the National Association for the Advancement of Colored People – the largest and oldest civil rights organisation in the country – called for a sweeping effort to change what he called a 'broken system'.
By Pravin Bowry 8 years ago
Criminal justice system breaking down
Is Kenya for or against the ICC?
Kenya ratified the Rome Statute, the founding treaty of the ICC, in 2005 and was among the first African nations to do so.
By Pravin Bowry 8 years ago
Is Kenya for or against the ICC?
What is in a name? A lot, actually!
In life and in death, a name has great legal significance.
By Pravin Bowry 8 years ago
What is in a name? A lot, actually!
Crisis looms as Deputy CJ's exit nears
The highest (and the youngest!) court in the country is the Supreme Court, which operates under the umbrella of the Constitution, the Supreme Court Act, 2011 and the Supreme Court Rules, 2012.
By Pravin Bowry 8 years ago
Crisis looms as Deputy CJ's exit nears
Big Brother's atrocious rights record
With President Barack Obama's imminent visit to Kenya, it is important to delve into the American laws and policies as they affect Kenya and Africa.
By Pravin Bowry 8 years ago
Big Brother's atrocious rights record
Simplifying civil procedure is CJ's task
Most civil cases in the High Court and Magistrates' Courts are decided under intricate procedural regimes contained in the Civil Procedure Act and elaborate rules contained in over 180 pages of subsidiary legislation.
By Pravin Bowry 8 years ago
Simplifying civil procedure is CJ's task
The folly of having an almighty JSC
Reports have recently appeared in the Press giving details of the ongoing probes by the Judicial Service Commission (JSC) in respect of alleged misconduct of 20 serving judges.
By Pravin Bowry 8 years ago
The folly of having an almighty JSC
Educate Kenyans on regional courts
Many litigants who have lost cases in the highest national courts are resorting to seeking redress in regional courts.
By Pravin Bowry 8 years ago
Educate Kenyans on regional courts
Bold strides to erase bottlenecks in law
In the last few weeks, an intriguing phenomenon has emerged where influential and highly-placed public officers have begun a methodical and calculated campaign to bring about change in the institutes they run.
By Pravin Bowry 8 years ago
Bold strides to erase bottlenecks in law
When forensic evidence leads to injustice
'Forensic' or legal medicine is the application of medical knowledge in the multifaceted process of an investigation, be it at the scene of crime, the morgue, the laboratory or even in the court room.
By Pravin Bowry 8 years ago
When forensic evidence leads to injustice
Epidemic of unreported crimes in Kenya worrying
Highly publicised matters of state security and terrorism have captured the attention of most Kenyans, but there is another less published and silent ongoing phenomena which is crippling economic activity and instilling waves of fear among the citizenry.
By Pravin Bowry 8 years ago
Epidemic of unreported crimes in Kenya worrying
Of lawyers and a dishonourable past
The President and the Chief Justice recently made a significant and magnanimous national gesture and acknowledged historical injustices, political detentions, assassinations and political violations.
By Pravin Bowry 8 years ago
Of lawyers and a dishonourable past
Is it time to amend Kenya’s Constitution?
The 2010 Constitution is still in its infancy, having barely lived a life of over four years. Jurists, politicians, academicians and indeed most informed citizens wonder if it is opportune to have a rethink on the new constitutional order.
By Pravin Bowry 8 years ago
Is it time to amend Kenya’s Constitution?
800 years on, Magna Carta still relevant
While in London last week, I attended an exhibition on the Magna Carta to commemorate the 800th anniversary of the ancient document.
By Pravin Bowry 8 years ago
800 years on, Magna Carta still relevant
Does President Uhuru Kenyatta need Blair's 'wise counsel'?
Reports have trickled in through the media that President Uhuru Kenyatta has appointed the former British Prime Minister, presently Special Envoy of the Middle East Quartet, as his advisor.
By Pravin Bowry 8 years ago
Does President Uhuru Kenyatta need Blair's 'wise counsel'?
Deplorable flaws in legal circles worrying
Going to a police station, to the courts or prisons or to land offices, or various governmental offices is a routine, commonplace and day-to-day humdrum activity of a citizen who most likely is a voter and taxpayer.
By Pravin Bowry 8 years ago
Deplorable flaws in legal circles worrying
CJ exit and what it means for 2017 polls
The Judicial Service Commission (JSC) is empowered to appoint all judicial officers in the country and the existing laws intriguingly create situations and lacunas which are a recipe for uncertainty.
By Pravin Bowry 8 years ago
CJ exit and what it means for 2017 polls
Spare a thought for suffering children
An advertisement in the Press last week sponsored by philanthropic bodies such as the Kenya Paediatric Association, Kenya Medical Association, Gertrude's Hospital Foundation and others brought to the attention of Kenyans the publication of the Traffic (Amendment) Bill 2014.
By Pravin Bowry 8 years ago
Spare a thought for suffering children
Settle the matter of judges' retiring age
The question of retirement age of judicial officers in Kenya is developing to be a contentious one.
By Pravin Bowry 9 years ago
Settle the matter of judges' retiring age
Of lawyers and the gentleman's game
Those with little knowledge about the game of cricket will perhaps not appreciate the goings-on of what is termed 'Fifty Over' International Cricket Council World Cup 2015, taking place in Australia and New Zealand. Sadly, Kenya is absent.
By Pravin Bowry 9 years ago
Of lawyers and the gentleman's game
The place of the Solicitor General in law
The fused legal profession in Kenya has never drawn a distinction between solicitors and barristers as in England but we do have a Solicitor General in Kenya, perhaps the least appreciated legal office in the republic.
By Pravin Bowry 9 years ago
The place of the Solicitor General in law
Abrupt transfer of magistrates questionable
Late last Thursday the press reported the abrupt and immediate transfer of 31 top magistrates, among them some who have been appointed Judges but have not yet been sworn.
By Pravin Bowry 9 years ago
Abrupt transfer of magistrates questionable
Of man, detection dogs and the law
In the Lang'ata school land saga it was, rightly or wrongly, alleged that police dogs were used for crowd control. The matter of police dogs is governed by the 21-page Chapter 12 of the Police Standing Orders and there are other varied laws that highlight the legal relationship of man and his best friend.
By Pravin Bowry 9 years ago
Of man, detection dogs and the law
Simplify the language used by lawyers
All our laws are written in the English language and centuries old English laws still apply in the country.
By Pravin Bowry 9 years ago
Simplify the language used by lawyers
New LSK Act will be hard to navigate
On December 24, last year, President Uhuru Kenyatta signed into law the new Law Society of Kenya (LSK) Act, 2014. The law came into force last week.
By Pravin Bowry 9 years ago
New LSK Act will be hard to navigate
Stop flouting laws indiscriminately
There is a startling phenomenon prevailing in Kenya which is going unnoticed and unaddressed. Many highly placed or constitutionally mandated public officers with immaculate credentials and proven knowledge of the law blatantly ignore clear laws and their precise provisions.
By Pravin Bowry 9 years ago
Stop flouting laws indiscriminately
LSK to sue KRA for illegal collection of housing levy
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Role of the Artur brothers and plan to bomb Standard offices
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Confusion after State publishes rules to end KPLC monopoly
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Spectacular collapse of Nakuru's once-budding top industries
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