This paper contains a discussion on independence within constitutional commissions, separation of... more This paper contains a discussion on independence within constitutional commissions, separation of powers among different sub-divisional units within the commissions and exercise of checks and balances among the sub-divisional units aforementioned. The paper is based on Kenyan constitutional law
This paper contains a discussion concerning the need to protect fundamental rights and freedom wh... more This paper contains a discussion concerning the need to protect fundamental rights and freedom while balancing it with the need to limit rights for purposes of enhancement of national security. The paper contains a discussion on the permissible extent of limitation of rights, it draws reasons from jurisprudence from countries including Germany, the United States of America, South Africa, Canada et al. Whereas it contains a comparative jurisprudence, the paper is majorly based on the Kenyan experience.
The concept of public participation in Law making is a constitutional requirement in Kenya, just ... more The concept of public participation in Law making is a constitutional requirement in Kenya, just like it is in mature and established democracies. Public participation in Law making is one of the most fundamental ways in which the people get involved in their government and legislative functions of their government. It is trite that the people are the sovereign law makers, the people ipso facto reserve the right to participate in their government and thereby influence the merit of laws passed at all levels of the government. This research paper seeks to discuss the concept of public participation in law making process in Kenya with a comparative jurisprudence drawn from South Africa. The paper includes a historical underpinning of the concept in the Kenyan context, the legal framework of the concept, a discussion on sufficiency of participation, implications for insufficient participation and further, recommendations for better participation of the people in both statutory legislation and constitutional enactment.
Kenyan constitutional commissions established by the Constitution of Kenya, 2010 are established ... more Kenyan constitutional commissions established by the Constitution of Kenya, 2010 are established as independent bodies. In certain occasions the commissions may be faced with absence of some commissioners. This paper focuses on the validity of decisions made by the commissions in the absence of some commissioners.The paper further illustrates the discussions with the situation that faced the Ethics and Anti-Corruption Commission when some commissioners were suspended and eventually resigned.
This paper seeks to indicate, explain and make observations on the social , moral and political p... more This paper seeks to indicate, explain and make observations on the social , moral and political philosophies adopted and advocated for by one of the great philosophers: Malcolm X. The paper brings into focus the Hustler Philosophy, Black Nationalism Philosophy, Black Separatism Philosophy, the Transitional Philosophy of of Malcolm X among others. The paper is descriptive of the philosophies and the rationale behind them. It explores the works of Malcolm X as a philosopher and an advocate of the rights of Africans or the Black Americans.
This is an academic research paper that examines the legal implications of the Decision of the Ke... more This is an academic research paper that examines the legal implications of the Decision of the Kenyan government to close down Dadaab refugee Camp following the many terror attacks in the country. The paper relates the decision to the legal obligations Kenya has under international treaties and conventions to which Kenya is a party, international customary law and generally international law. The researcher, Calistus Mboya, is a finalist student at Moi University, School of Law in Eldoret Kenya.
This paper focuses on the principle of overriding objective in Civil Procedure in the context of ... more This paper focuses on the principle of overriding objective in Civil Procedure in the context of Kenyan legal jurisprudence. The principle is discussed with case law illustrations and statutory provisions. The paper further contains application of the principle in determination of cases and the cure offered by the principle to litigants faced with the legal obstacle of procedural technicalities.
This paper contains a discussion on independence within constitutional commissions, separation of... more This paper contains a discussion on independence within constitutional commissions, separation of powers among different sub-divisional units within the commissions and exercise of checks and balances among the sub-divisional units aforementioned. The paper is based on Kenyan constitutional law
This paper contains a discussion concerning the need to protect fundamental rights and freedom wh... more This paper contains a discussion concerning the need to protect fundamental rights and freedom while balancing it with the need to limit rights for purposes of enhancement of national security. The paper contains a discussion on the permissible extent of limitation of rights, it draws reasons from jurisprudence from countries including Germany, the United States of America, South Africa, Canada et al. Whereas it contains a comparative jurisprudence, the paper is majorly based on the Kenyan experience.
The concept of public participation in Law making is a constitutional requirement in Kenya, just ... more The concept of public participation in Law making is a constitutional requirement in Kenya, just like it is in mature and established democracies. Public participation in Law making is one of the most fundamental ways in which the people get involved in their government and legislative functions of their government. It is trite that the people are the sovereign law makers, the people ipso facto reserve the right to participate in their government and thereby influence the merit of laws passed at all levels of the government. This research paper seeks to discuss the concept of public participation in law making process in Kenya with a comparative jurisprudence drawn from South Africa. The paper includes a historical underpinning of the concept in the Kenyan context, the legal framework of the concept, a discussion on sufficiency of participation, implications for insufficient participation and further, recommendations for better participation of the people in both statutory legislation and constitutional enactment.
Kenyan constitutional commissions established by the Constitution of Kenya, 2010 are established ... more Kenyan constitutional commissions established by the Constitution of Kenya, 2010 are established as independent bodies. In certain occasions the commissions may be faced with absence of some commissioners. This paper focuses on the validity of decisions made by the commissions in the absence of some commissioners.The paper further illustrates the discussions with the situation that faced the Ethics and Anti-Corruption Commission when some commissioners were suspended and eventually resigned.
This paper seeks to indicate, explain and make observations on the social , moral and political p... more This paper seeks to indicate, explain and make observations on the social , moral and political philosophies adopted and advocated for by one of the great philosophers: Malcolm X. The paper brings into focus the Hustler Philosophy, Black Nationalism Philosophy, Black Separatism Philosophy, the Transitional Philosophy of of Malcolm X among others. The paper is descriptive of the philosophies and the rationale behind them. It explores the works of Malcolm X as a philosopher and an advocate of the rights of Africans or the Black Americans.
This is an academic research paper that examines the legal implications of the Decision of the Ke... more This is an academic research paper that examines the legal implications of the Decision of the Kenyan government to close down Dadaab refugee Camp following the many terror attacks in the country. The paper relates the decision to the legal obligations Kenya has under international treaties and conventions to which Kenya is a party, international customary law and generally international law. The researcher, Calistus Mboya, is a finalist student at Moi University, School of Law in Eldoret Kenya.
This paper focuses on the principle of overriding objective in Civil Procedure in the context of ... more This paper focuses on the principle of overriding objective in Civil Procedure in the context of Kenyan legal jurisprudence. The principle is discussed with case law illustrations and statutory provisions. The paper further contains application of the principle in determination of cases and the cure offered by the principle to litigants faced with the legal obstacle of procedural technicalities.
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