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Paper presented at the Colloquium for the Selected Bench of the Judiciary Working Committee on Election Preparations, Great Rift Valley Lodge, Naivasha, 23 April 2013 By The Hon. Justice (Prof.) J.B. Ojwang, Justice of the Supreme Court of Kenya Content A. INTRODUCTION B. TYPES OF ELECTORAL DISPUTES C. RECENT EXPERIENCE: THE PRESIDENTIAL ELECTION PETITION NO. […]

(Sept. 2010-Sept. 2012)   Prepared by Njeri Githang’a Law Reporter June 2013.   Foreword In August of 2010, Kenya promulgated a new constitution. Among other things, this constitution ushered in a new set of national values, a new bill of rights and a new system of government. It reset the relationship between the citizen and […]

By Monica Achode and Linda Awuor June, 2013 Judicial opinions are an important tool for evaluating the constitutionality, propriety, effectiveness and utility of statutory legislation as well as government administrative actions. Therefore, judicial pronouncements relating to an aspect of constitutional or statutory law or administrative actions that may be in need of reform are an […]

By Michael M. Murungi May 30, 2013 The Open Government Partnership (OGP) held its African regional meeting in Mombasa, Kenya between May 29-30 2013. The meeting was held on the sidelines of the Connected Kenya Summit 2013 which is hosted annually by the Kenya ICT Board and which has become arguably the largest and most […]

By Linda Awuor and Monica Achode May 15, 2013   1.0: Introduction A presidential election petition is the formal process of challenging the process, the outcome or any aspect of the election of a President. The procedure for challenging an election varies from jurisdiction to jurisdiction but usually starts by way of an election petition […]

By Jo Abuodha-Judge of the Industrial Court of Kenya May 2013 Can a judge of a specialized court preside and substantially hear disputes or questions reserved to the exclusive jurisdiction of the High Court. Is a judge capable of being isolated from the Court he is appointed to serve in? To put it the other […]

Compiled By Michael M. Murungi, Editor, Kenya Law Reports and Monica Achode, Senior Law Reporter   1. Death Sentence is Constitutional and mandatory   Joseph Njuguna Mwaura & 2 others v Republic Criminal Appeal No 5 of 2008 Court of Appeal at Nairobi J W Mwera, M Warsame, P Kiage, S Gatembu-Kairu & J Mohammed, […]

Isaac Aluoch Polo Aluochier v Independent Electoral and Boundaries Commission & 19 Others [2013] eKLR Supreme Court of Kenya M. K Ibrahim & J. B Ojwang, SCJJ Feb 27 & May 3, 2013 Reported by Teddy Musiga What was the case about? The Petitioner brought a case to the Supreme court 27 days before the […]

Remarks by the Hon. Dr. Willy Mutunga, D. Jur., SC, EGH Chief Justice, President, Supreme Court of Kenya. (This article was also published in the Sunday Nation edition of May 19, 2013.)   Ever since I took my oath of office on June 20, 2011, I have never been under any illusion that winning public […]

To read the Plain language analysis in English, click here. Uchambuzi huu wa lugha nyepesi umetayarishwa na Baraza la Kitaifa la Kuripoti maswala ya Kisheria (National Council for Law Reporting) kwa uelewa bora zaidi wa umma kuhusu uamuzi wa Mahakama ya Juu zaidi kwenye kesi ya uchaguzi wa kirais iliyohitimishwa hivi majuzi. Raila Odinga & […]

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