By Kenya Law Review Is judicial review a legitimate, desirable, and effective way to check and balance the exercise of executive power in matters of national security?
This paper explores how parents rights have become engulfed by the welfare principle in its purest sense. In doing so, the author discusses how both the private and public law on children have attempted to revive parental autonomy through their impure application of the welfare principle with the use of presumptions and thresholds of intervention […]
Core in the curricula of law undergraduate and postgraduate programs are international law courses such as public international law, international criminal law, international commercial law, international trade law, inter alia. The objective of offering international law courses is to enable students to appreciate traditional aspects of international law as well as modern aspects such as […]
This paper addresses the issue of dealing with conflicts in project management. It looks at the range of conflict management mechanisms available to parties in the course of project management in Kenya. Their various merits and demerits are examined. The challenges facing the legal and institutional infrastructure for management of conflicts in Kenya are discussed. […]
As Kenya seeks to develop its natural resources, there are greater efforts employed specifically to the growth of the oil and gas sector. Although natural resources can greatly contribute to the national income, their mismanagement can also lead to a devastated economy and can provoke and sustain internal conflicts and result in political instability. The […]
As cross border commerce, trade and investment increases in the African continent, so does the potential of international arbitration. Although this is welcome economically, the convergence of culture creates unprecedented complexities when disputes arise. Although sometimes overlooked, culture plays a critical role in international arbitration as cases often involve parties from different countries. The author […]
With the promulgation of the 2010 Constitution of Kenya, the use of Alternative Dispute Resolution (ADR) mechanisms and Traditional Dispute Resolution Mechanisms (TDRMs) in managing natural resource conflicts was formalized. The Constitution envisages a situation where conflicts, and specifically the natural resource ones, should first be dealt with using ADR and TDRMs and only resort […]
By Margaret Ndonji Background In the year 2017, the Supreme Court of Kenya in the case, Raila Amolo Odinga & another -vs- Independent Electoral and Boundaries Commission & 2 others  eKLR, ordered the Independent, Electoral and Boundaries Commission (IEBC) to avail the digital votes data contained in the election servers, hosted in France by […]