Scribe Kenyan

Some matters do not require a learned, scholarly treatise to be analyzed or criticized. They are self-explanatory. Reading an article about them feels like watching a YouTube video on how to drink water or how to turn on a switch . Those are basic things that almost everyone is well aware of and do not need any sophisticated or philosophical essays or videos to make him or her understand. The irony of life, however, is that such videos get millions of views, which is the same reason that makes the discourse in this essay relevant today: freedom of expression and its limitations. In a very basic sense, the freedom of expression is innate. Whether or not one has read Article 33 of the Constitution of Kenya 2010 ,  Article 19 of the Universal Declaration of Human Rights (UDHR) 1948 or Article 19 of the International Covenant on Civil and Political Rights (ICCPR) 1966 , it is always in the hearts of human beings to want to express themselves. This inborn need is sati...

William Shakespeare's Julius Caesar is a tragic historical play that has enduring lessons on power, loyalty, betrayal, and political manipulation. Whether you believe in history repeating itself or that words have meaning, the pronouncements by Casca and Brutus shortly after the assassination of Caesar ( particularly their reflections on the future and the dramatic significance of their actions ) have had profound implications on the trajectory of politics in not only ancient Rome but also the world over. In the play, Cassius remarks , "How many ages hence /Shall this our lofty scene be acted over / In states unborn and accents yet unknown!" (Shakespeare, Julius Caesar , 3.1). I n a similar vein, Brutus contemplates in response , "How many times shall Caesar bleed in sport, / That now on Pompey's basis lies along / No worthier than the dust!" (Shakespeare, Julius Caesar , 3.1). These reflections are an immortalized prophesy that has had a l...

This case concerns the jurisdiction of the Supreme Court of Kenya (SCOK) to hear and determine an appeal (against an interlocutory judgement by the Court of Appeal (COA)) and on the threshold for grant of leave to appeal to the COA (based on Section 35 of the Arbitration Act). The brief facts of the case are that the Applicant wanted to construct a campus in Kitengela and had borrowed USD 15,000,000 from the Respondent but the Respondent managed to only raise USD 10,000,000. For the remainder, the Applicants sued but later they decided to take the matter to an Arbitration Tribunal where there were several claims and counterclaims but the Respondent's counterclaim succeeded wholly while the Applicants only succeeded in part. The award was challenged before the High Court on grounds that it went against Section 13 of the Arbitration Act (hereafter 'the Act') due to nondisclosure of a relationship between the Arbitrator and the Respondent's counsel. However, the Respondent...

Following a preliminary objection by the Respondent regarding the Applicant's locus standi, the Applicant tried to argue that the language used under Article 163 (6), which gives locus standi to national, county, and state organs to obtain advisory opinions from the SCOK, can be broadly interpreted to mean the people by citing the meaning of 'state' and 'county government' by the Blacks Law Dictionary. The court held that it had pronounced itself on this issue of jurisdiction again in various cases, notably Re Interim Independent Electoral Commission [2011] eKLR where it issued guidelines on how it can exercise the jurisdiction: The reference must be regarding any matter concerning county governments (to be determined on case by case basis). The party must be the National Govt, County Govt or State Organ (defined under Art 260 of the Constitution) Where the reference concerns a matter before a lower court, the SCOK must be hesitant to hear it. However, it can do so...

  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...