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 […]
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 […]
Formal education was introduced in Kenya by Western missionaries, as an instrument for advancing the civilizing mission. However, in the years of colonial rule, no facility for legal education was established. This is curious given that the period witnessed significant expansion of public as well as private institutions, and the lawyer’s role in instrumentalisation as […]
By Charles Kanjama & Florence Shako “We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.” -Winston S. Churchill Article 209 (3) of the Constitution provides that counties can impose property rates, entertainment taxes and […]
Mark Twain once stated that the only certainties in life are death and taxes. In the 21st century, we can add one more certainty to the list – the corporate financial crisis. In the life cycle of any business, there is a phase when it might face financial distress. This does not always lead to […]
When training lawyers, it is important to teach them to be aware of the social, economic and political context within which the law exists. Lawyers should have the ability to craft solutions for Africa and beyond. This means that the curriculum in most law schools will incorporate a global perspective; elements of international law such […]
It is in the public interest to ensure and maintain high standards of competence in the legal profession. A High Court ruling by Justice John Mativo directed the Council of the Law Society of Kenya to consider what might be behind the worrying trend of low pass rates for the Kenya School of Law Bar […]
It is the headline that the Kenyan citizen has become accustomed to – ‘workers to go on strike.’ Whether it is doctors, nurses or teachers, the narrative remains the same. Industrial action has become a much-needed avenue for workers to air their grievances in Kenya. Last year, there were three lecturer’s strikes that paralysed learning […]
It is a paradox that some countries rich in oil, gas and minerals remain poor despite their resource abundance. Political and economic problems undermine the development of such countries, consequently inhibiting good governance and democracy and empowering dictatorial regimes to reinforce political repression.Ironically, the lack of natural resources has not proven to be a fatal […]