Scribe Kenyan

  ABSTRACT Public participation is an essential element of democracy. In a republic such as Kenya where the people are the real custodians of the sovereign power, it becomes necessary for them to be given a chance to directly exercise this power. Even though the Constitution recognizes the direct exercise of sovereign power, it is silent on how this is to be achieved. This article takes the opinion that sovereign power is exercised directly through public participation and takes note of the fact that the mechanism through which public participation can be achieved is not outlined in the Constitution. For this reason, the article examines various constitutional provisions that lay the foundation through which public participation can footed. Further, the essay looks into the attempted creation of legislation and policy on public participation and finally the threshold for sufficient public participation. 1.      Introduction In Kenya, as per Article...

Many a time, when people (including lawyers) talk about the best interests of a child, they mainly focus on family or criminal matters. However, very little attention is given to issues regarding commercial transactions that minors engage in. In fact, it is said that “the law of ‘minors’, or ‘infants’ contracts is very complicated.” [1] The root of this complication is the fact that the law desires to protect minors on one hand whileas it still wishes to safeguard the interests of traders on the other. [2] This begs the question, where does the balance lie? More complications can be speculated due to the great technological advancements in the trading sector whereby almost anyone can purchase anything online with great ease. [3] Therefore, this imperatively demands scrutiny be done on the laws relating to the formation of contracts with minors. At common law, a minor or infant can simply be defined as a person who has not reached the age of majority, i.e., one who is not an adult. [...