Papers by Mburu Nahashon
JURISDICTION OVER APPLICATIONS FOR ANTICIPATORY BAIL, 2024
Anticipatory bail is a relief by a court to a person apprehensive of imminent arrest in threat or... more Anticipatory bail is a relief by a court to a person apprehensive of imminent arrest in threat or violation of their right to liberty 1 and human dignity. 2 This relief is grounded on the provisions of Article 23(3) and the Judiciary Bail and Bond Policy Guidelines, which expressly provide that the High Court may admit an applicant to anticipatory bail to protect the rights against threat or violation of rights by an organ of the state which is supposed to protect the same. 3 Anticipatory bail is, however, not contemplated in Article 49 of the Constitution as the said article is only limited to persons who are already arrested and in custody of the investigative agencies. 4 Anticipatory bail, in its very nature, preempts arrest and, therefore, cannot be founded on Article 49 of the Constitution.
Law of Evidence, 2021
Evidence plays a great role in determining whether an accused person is guilty or not of an offen... more Evidence plays a great role in determining whether an accused person is guilty or not of an offence charged, however, not all evidence is admissible in criminal proceedings; this is to mean that certain categories and forms of evidence are inadmissible in criminal proceedings and are therefore excluded from admission. Evidence may be inadmissible in criminal proceeding because it is irrelevant, it is prejudicial in nature or generally precluded by any law. These inadmissible categories of evidence include; hearsay evidence, evidence of character, and confessions and admissions.
Teaching Documents by Mburu Nahashon
Issues of children and women under international law., 2022
International law put in place various international instruments to address the issues of women a... more International law put in place various international instruments to address the issues of women and children. These instruments include Convention on Elimination of all Forms Discrimination Against Women, International Convention on Civil and Political
Rights, Convention on Rights of Children, etc. These instruments have greatly but not
entirely addressed the various issues affecting women and children. These issues
include gender equality, women rights to own and use property, child labour, sexual
violence, child education, and development, reproductive health rights, juvenile justice,
protection of women and children from harmful cultural practice, gender-based violence
and many more issues.
However, the effectiveness in which these issues have been addressed is not
entirely perfect, these have been occasioned by certain factors that are still undermining
the effective implementation and enforcement of the international instruments regulating
the various issues affecting women and children. This paper will, therefore, discuss the
various factors and how they have hindered effective addressing of issues specific to
women and children.
Uploads
Papers by Mburu Nahashon
Teaching Documents by Mburu Nahashon
Rights, Convention on Rights of Children, etc. These instruments have greatly but not
entirely addressed the various issues affecting women and children. These issues
include gender equality, women rights to own and use property, child labour, sexual
violence, child education, and development, reproductive health rights, juvenile justice,
protection of women and children from harmful cultural practice, gender-based violence
and many more issues.
However, the effectiveness in which these issues have been addressed is not
entirely perfect, these have been occasioned by certain factors that are still undermining
the effective implementation and enforcement of the international instruments regulating
the various issues affecting women and children. This paper will, therefore, discuss the
various factors and how they have hindered effective addressing of issues specific to
women and children.
Rights, Convention on Rights of Children, etc. These instruments have greatly but not
entirely addressed the various issues affecting women and children. These issues
include gender equality, women rights to own and use property, child labour, sexual
violence, child education, and development, reproductive health rights, juvenile justice,
protection of women and children from harmful cultural practice, gender-based violence
and many more issues.
However, the effectiveness in which these issues have been addressed is not
entirely perfect, these have been occasioned by certain factors that are still undermining
the effective implementation and enforcement of the international instruments regulating
the various issues affecting women and children. This paper will, therefore, discuss the
various factors and how they have hindered effective addressing of issues specific to
women and children.