Posts

REFORMING THE LAW ON DEFILEMENT: A REPLY TO MR. BRADEPT JOSEPH

By -
Image
Author:  Chweya Nyamari ABSTRACT Section 8 of the Kenyan Sexual offences Act No. 5 of 2006 (hereinafter referred to as the Act) was meant to protect children against sexual predators. It is however evident that it did not address instances where children engage in sexual relations amongst themselves. Mr. Bradept through his Article posted on JKUAT Law Review rendered his notion on this controversial topic. This article entails a reply to Mr. Bradept’s school of thought and endeavors to disapprove consensual sexual relationships between adolescents. The article culminates in proposing an amendment to the sentences associated with instances where minors defile themselves. INTRODUCTION First, I must appreciate the exquisite contribution that Mr. Bradept has made on this controversial topic. His argument opened the way for a truly profitable exchange of views between those whose differences center on whether the relevant statutes should be amended to accommodate instances whe
Post a Comment
Read more

LAW ON DEFILEMENT: A TIME FOR REFORM

By -
Image
Authored by Francis B. Joseph ABSTRACT Like some other African countries, Kenya has the legal age of consent at 18 years. The legal age of consent is a crucial facet of legal and social frameworks concerning sexual relationships. This has had the effect of restricting adolescent consensual sexual conduct. Legislation does not explicitly criminalize consensual adolescent sexual conduct. However, punitive approaches have been put in place to curb such conduct. Adolescents have therefore been subjected to violation of their rights. The laws put in place are not necessarily benevolent to the adolescents who it is designed to protect from harm. This article provides a comprehensive analysis of the legal age of consent in Kenya, examining the statutory frameworks on it and its effect on sexual relations among adolescents. Through a comparative lens, the article briefly looks into the legal age of consent in other African jurisdictions. By synthesizing these different aspects, thi
Post a Comment
Read more

APPLICABILITY OF THE HARAMBEE PHILOSOPHY IN THE ACTUALIZATION OF ARTICLE 37 OF THE CONSTITUTION OF KENYA 2010

By -
Image
Authored by: Grace Gakii Mutwiri ABSTRACT  Our motto ‘harambee’ was conceived in the realization of the challenges of nation building, the Government and People of Kenya had to pull together in order to meet this challenge. It was more than a motto for it symbolized Kenyan Unity and patriotism. From the Late Mzee Jomo Kenyatta to the Late Former President Daniel Arap Moi, they frequently evoked Harambee during their regimes which enabled them to push many ambitious government-wide initiatives which we still benefit up to date. In the current era, Harambee can be demonstrated in fundraising events to cater for medical bills, to pay for a child’s school fees so as to have access to education. In the recent past weeks, I have seen the dynamic change in what we regard as Harambee. The ‘Gen Z’ have set a revolution that has actualized Harambee in promoting Article 37 of the Constitution of Kenya 2010. From creating civic education both in online platforms as well as physical pla
3 comments
Read more

INHERITANCE BY ILLEGITIMATE AND NON-MUSLIM CHILDREN UNDER SHARIA LAW: THE FLAWED KENYAN JURISPRUDENCE

By -
Image
Authored by: Francis B. Joseph ABSTRACT For a long time, application of Islamic law, especially on matters inheritance, has been viewed as discriminatory and unconstitutional. In its judgement dated 10th November 2023 in Faraj v Mwawasi, the Court of Appeal stated that Islamic law restricting children born out of wedlock from inheriting is discriminatory and such practice should be abhorred. This decision has been the subject of much scholarly debate, with some scholars expecting to hear the Supreme Court’s pronouncement on the matter in case an appeal has been filed. This article argues that the Court of Appeal’s view concerning Islamic law of inheritance is misguided. This is from an analysis of the available Court of Appeal decisions in relation to the matter.  INTRODUCTION Sharia is an Arabic word that means the correct path. In the Muslim religion, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God. Islamic law is an all-embr
Post a Comment
Read more

PUBLIC PARTICIPATION IN FORMULATION OF TAX POLICIES

By -
Image
  Camara Castro Ouma This paper delves in discussing the principle of public participation during implementation of various tax policies. It provides some of the laws that are likely to be amended through various proposals that have been presented in the Finance Bill 2024. It also explores the sovereign power that belongs to the citizens either directly or through their democratically elected representatives. It focuses on providing analysis of the effects of public participation. From the proposals in the Bill, the paper provides the likely impact that the Finance Bill 2024 is likely to incur to the citizens. INTRODUCTION “Democracy is not a spectator sport. It is a participatory event. If we do not participate in it, it ceases to be a democracy.” – Michael Moore. The Finance Bill 2024 proposes to amend the Public Finance Management Act, Income Tax Act, Value-Added Tax Act, Tax Procedures Act, Excise Duty Act, Miscellaneous Fees and Levies Act, Kenya Revenue Authority Act (Cap
Post a Comment
Read more

A SECOND THOUGHT TO GIFTS

By -
Image
Hannah Wanjiku In our recent times, the idea of what constitutes a good relationship varies among different people. These ideas are generally referred to as implicit theories of relationships whereby people hold either destiny beliefs or growth beliefs. The theories affect how the relationship is between people. A common way in which people today deem as a means of expressing love is through giving gifts. This is commonly known as a love language. The rate at which people give gifts to their spouses has significantly increased over the past few years. According to a study carried out, Kenyas growing middle classes are giving away 22% of their monthly income, often through informal gifts and support to family, friends and neighbours. This has largely contributed to the growth of many sectors in the economy such as marketing of gifts. There has been increase of gift shops with many gift ideas such as flowers, jewelry, clothes and even cars. Recent research in marketing has shown that
Post a Comment
Read more

THE RIGHT OF THE STATE TO APPEAL AN ACQUITTAL IN KENYA

By -
Image
Samuel Kahura Article 25 of the Constitution of Kenya, 2010 addresses the rights which are not subject to limitation. Notably, the right to a fair trial is among those rights. Article 50 then deals with the tenets of a fair trial. One of the most important of these safeguards is the right of an accused person if convicted, to appeal to, or apply for review by, a higher court as prescribed by law. This paper is however aimed at looking at the opposite side of the coin which is the right of the State to appeal an acquittal. I shall examine two different scenarios: a) An accused person is completely acquitted. b) An accused person is convicted of a lesser offence by the court in exercise of its power under Section 179 of the Criminal Procedure Code. Legal Framework for the State’s Appeal Currently, the right of the state to appeal an acquittal is provided for under Section 19 of the Security Laws (Amendments) Act No 19 of 2014. The Section amended the Criminal Procedure Cod
Post a Comment
Read more