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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 “...
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DIALOGUE IS NOT THE BEST WAY TO END EXECUTIVE WAR ON THE JUDICIARY

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Camara Castro Ouma Discussion on the essence of promoting and upholding the rule of law should not create sympathy towards any arm of government. It is something that is enshrined in our constitution which actually indicates there has to be total adherence to it. Negotiation with regards to obedience of the law creates a roadmap to anarchy. Different arms of government should work within their constitutional limits as enshrined in various provisions of the law. The president as the chief custodian of the rule of law should always ensure that any of the decisions he is making are law abiding and they do not create cause for a declaration of unconstitutionality. Our country has recently witnessed a series of onslaughts on the judiciary which could potentially lead to anarchy. Article 131(2) of the Constitution of Kenya states that the president shall respect, uphold and safeguard the constitution. (Article 131(2) Constitution of Kenya) The constitution clearly states any ac
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ARTICLE 45 (3) OF THE CONSTITUTION OF KENYA 2010 AS ECHOED IN THE MATRIMONIAL PROPERTY ACT NO 49 OF 2013

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Hannah Wanjiku Kimani. According to an omnibus study carried out between June 29 and July 11, 2023, 57% of Kenyan adults are married, and the country's divorce rate is below 1%. With a sampling error of +/-1.8 percent, the survey was performed among 3,000 respondents who were at least 18 years old and were spread over all 47 counties. In order to ensure fair distribution of marital property between spouses, the Federation of Women Lawyers in Kenya (FIDA- Federación Internacional dé Abogadas -Kenya), an NGO that promotes women's rights, partook in a High Court case; J. O. O v M. B. O as an interested party. The Matrimonial Property Act no 49 of 2013, according to FIDA-Kenya, violates some parts of the Kenyan Constitution that ensure equality before, after and at the dissolution of marriage. They contended that married women are discriminated against both directly and indirectly during the dissolution of their marriages by sections 6 and 7 of the 2013 act. Sharing ma
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