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Kenya’s constitutional court puts job interviews on hold after ads for 600 new posts
Kenya’s constitutional court puts job interviews on hold after ads for 600 new posts

As tensions rise in many African countries over inadequate service delivery and development, Kenya’s Baringo County administration is being asked to explain its advert for 600 new posts. Human rights activist, Isaiah Biwott, has successfully argued that the constitutional court should grant an interim interdict preventing the county from going ahead with interviews for more than 600 new staff. Biwott said that the constitution and other legislation caps the percentage of a county government’s total revenue that may be spent on wages at 45%, and that the county would be way over that limit if the proposed posts were filled. The money should be spent on development instead of an inflated wage bill, he said.

Top Namibian court slams capital’s municipality over rule of law transgressions
Top Namibian court slams capital’s municipality over rule of law transgressions

Unlawful action by the municipality of Namibia’s capital city, Windhoek, has been slammed by the Supreme Court, whose judges said the municipality’s ‘resort to self-help’ transgressed the country’s commitment to the rule of law. They were deciding an appeal related to the municipality’s actions against Paratus, a licensed telecommunications company that was installing fibre optic cables in the city. The company’s claim – uncontested by the municipality – was that the municipality was harassing Paratus because it wanted to commercialise the network via a partnership with another company, use the new infrastructure without payment, and then operate in opposition to Paratus.

Considering the world’s response to human trafficking: the annual report
Considering the world’s response to human trafficking: the annual report

The annual report by the US state department on the efficacy and commitment of the world’s nations to fighting human trafficking is always a moment for reflection. A particular focus of the report this year is the role that should be played by people who have had personal experience of being trafficked. But most of the report, as usual, deals with how different states are shaping up in the struggle to curb trafficking and the particular challenges that they should address in the future.

African Court orders Malawi to compensate victim of oppressive pre-democracy laws
African Court orders Malawi to compensate victim of oppressive pre-democracy laws

A judgment of the African Court has brought the promise of justice to a Malawian family, victim of the country’s one-party, undemocratic and often brutal past, and that has been unable to obtain redress through Malawi’s own courts.

Namibia’s apex court confirms new trend in media freedom cases
Namibia’s apex court confirms new trend in media freedom cases

In a new judgment of extraordinary importance for freedom of expression and media freedom in Namibia, that country’s highest court has confirmed the development of the common law to give greater protection to the Namibian media so that, as the court put it, its ‘important democratic role of providing information to the public is not imperilled by the risk of defamation claims.’

Major new global research shows judges under stress – and without help to cope
Major new global research shows judges under stress – and without help to cope

A significant new report on judicial well-being has been published by the Global Judicial Integrity Network. It’s the result of a survey involving 758 judges from 102 countries across all parts of the globe. The high response rate is seen as indicating that the topic is one of great interest to judges generally. The report gives important data about the causes of stress among judges and the consequences of that stress; judicial responses to the changes forced by Covid-19, and what could be done to ensure better mental well-being among judges in the future.

Law imposing three-year wait for divorce found unconstitutional by Kenya’s appeal court
Law imposing three-year wait for divorce found unconstitutional by Kenya’s appeal court

With five forms of marriage from which to choose, couples in Kenya could find it easy enough to tie the knot. It might be a different story for some if they want an early divorce, however. That’s because those opting for a civil marriage must wait a minimum of three years before they may start divorce proceedings. Claiming this provision is unconstitutional, a Kenyan advocate has brought legal action to test the three-year limitation. The high court upheld his petition, but the national assembly subsequently appealed and judgment in that appeal has now been delivered.

‘Cry-baby’ politician should not have brought party political case to court – judge
‘Cry-baby’ politician should not have brought party political case to court – judge

When Malawian politician Shadrick Namalomba asked for judicial intervention on the question of where he should sit in the national assembly, Judge Mzonde Mvula set him straight. Such issues were not appropriate for the courts to consider, he said. It was clearly an issue related to conflict within the official opposition, and for a variety of reasons, it should never have been brought to court.

African Court orders that Kenya pays reparations to Ogiek people of Mau Forest
African Court orders that Kenya pays reparations to Ogiek people of Mau Forest

One of Kenya’s most vulnerable communities, the Ogiek people of the Mau Forest, have been awarded more than USD 1.3m by the African Court on Human and Peoples’ Rights for breaches of their rights under the African Charter. The court found the breaches were committed by the Kenyan government, which has tried to remove the Ogiek from the forest to allow other undertakings there. According to the Kenyan government, much of its activity in the forest was to protect the local water sources which are of great importance to the rest of the country. The new decision, spelling out the reparations to be undertaken by Kenya, was delivered last week, and follows a judgment in 2017 in which the court found that at least seven separate Charter rights of the Ogiek had been breached by Kenya.

Nigeria’s top judges in public spat over disputed benefits - CJ says it's 'dancing naked in the market place'
Nigeria’s top judges in public spat over disputed benefits - CJ says it's 'dancing naked in the market place'

Members of Nigeria’s apex court have come out strongly against the leader of the country’s judiciary, Tanko Muhammad. In the first letter of its kind, they have written to him, as Chief Justice of Nigeria to complain about a variety of issues related to conditions at court as well as conditions under which the judges operate. They moan about a memo informing them that electricity will operate at court only between 8 and 4 due to a diesel shortage, about amended court rules that have not been finalised, and about not being able to take ‘accompanying persons, due to age’ when they travel for training. The CJN in turn has responded with a statement that, by implication, criticises the judges for their initial letter, saying it amounted to ‘dancing naked in the market square’. In the letter he makes assurances, however, that everyone at court is getting on with their work and doing their normal duty.