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LAW ON DEFILEMENT: A TIME FOR REFORM

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

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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-...
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