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Showing posts from February, 2024

Digital Identity in Kenya: Balancing Progress with Constitutional Rights

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Allan Mwangi Kiarie Kenya's proposed digital identification (ID) initiative, Maisha Namba, has sparked a nationwide debate surrounding its impact on data privacy, security, and individual rights. This paper explores the legal and ethical complexities surrounding Kenya's digital ID program, examining its goals, obstacles, and constitutional basis. Drawing comparisons with Rwanda's Single Digital Identification (SDID) program, a seemingly successful digital ID system, the paper identifies key challenges hindering Kenya's implementation and proposes recommendations for a responsible and constitutional approach. Introduction Identification systems have served as cornerstones of individual identification for centuries. Kenya, relying on physical ID cards prone to forgery and fraud, aims to introduce a digital ID system, Maisha Namba, utilizing biometric data for enhanced security and service delivery. Digital ID is a unique representation of an individual, organi

THE DOCTRINE OF LAST SEEN

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Joshua Kenga Arome  Photo credits;  People Daily February the 9th, 2024 saw Her Ladyship Lady Justice Grace Nzioka of the High Court give a long waited for judgment in the case of Republic v Joseph Kuria Irungu alias Jowie and Jacqueline Wanjiru Maribe , (High Court Criminal Case No. 51 of 2018) whereby the first accused was convicted of the offence of murder contrary to Section 203 as read with    Section 204  of the Penal Code. The second accused was acquitted of the charge in the absence of evidence connecting her to the alleged crime, however, not without the Judge directing the Office of the Director of Public Prosecutions to prefer another charge against her. What has sparked debate in various groups, laymen and legal intellectuals, is the doctrine of last person seen that served as what I would term the ratio decidendi of the judgment to find the first accused guilty of murdering one Monica Kimani. It seems the lawyers frowned upon the Judge’s statement that “...

THE PLACE OF MEDIATION IN THE KENYAN LEGAL SYSTEM

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Ibrahim A. Abdi INTRODUCTION Mediation was introduced in the Kenyan Legal system vide the Constitution of Kenya 2010 under Article 159(2)(c) which provides that alternative dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted. Prior to this Mediation was the subject of numerous workshops across the county as early as 1998 [1] This is the footing of mediation in law, which later on led to the Amendment of the Civil Procedure Act [2] by an enactment of section 59A [3] which establishes the Mediation Accreditation Committee which under the Act is charged with the role of determining the criteria for certification of mediators and the rules consequent to the practice such as code of ethics, programs to be undertaken by mediators among others. Mediation is an alternative dispute resolution mechanism where two parties settle their dispute with the assistance of a neutral third party, whose aim is to help the pa

The Role of Nuclear Energy in Achieving Africa’s Sustainable Development Goals and Socio-Economic Advancement.

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  Shalom Bright Omondi This paper explores the transformative potential of nuclear energy in Africa, highlighting its vital role in sustainable development and socio-economic progress. It begins by discussing nuclear energy and then addresses the adverse effects of fossil fuel exploitation in Africa, emphasizing economic disparities and environmental consequences. Despite acknowledged concerns such as nuclear waste and meltdowns, the paper underscores the need to weigh these against the substantial benefits, including contributions to clean energy, economic growth, and climate action. Drawing examples from Europe and South Africa, it emphasizes nuclear energy's positive impact on air quality, minimal land footprint, and economic prosperity. In conclusion, the paper advocates for the integration of nuclear power into Africa's energy mix, stressing the importance of regional and global collaboration for a forward-looking, prosperous future. Introduction   “The release of at