Constitution of Kenya 2010

'Integrity arm' of State given prominence in new Kenyan decision

On Valentine’s Day, 2020, Kenya’s President Uhuru Kenyatta issued an executive order than brought him no red roses from the country’s human rights bodies. In fact, the order – purporting to ‘re-organise’ government and put various judicial bodies and independent commissions under other state departments and ministries – was the subject of a constitutional challenge brought by the law society of Kenya. Now the high court has decided the petition, and declared that the executive order was unconstitutional and invalid. 

Justice for ex-corporal more than three decades later

IN one of the most unusual decisions yet to come out of Kenya’s constitutional court division, Judge Chacha Mwita has upheld a claim by a former member of that country’s defence force, that he was unlawfully detained for over four years until 1986. The court found it could consider the case, even though the events took place so long ago, and has awarded damages of almost R900 000, plus costs and interest.

This article is re-published with permission from LegalBrief: Your Legal News Hub by Juta&Co.

 

A LONG, long time ago, in 1976 to be exact, John Muruge Mbogo joined the Kenya armed forces and was detailed to serve with the air force. In the next six years, before his life changed forever, he rose to the position of corporal. Then, in 1982, he was detained and handed over to the army on suspicion that he was part of an aborted coup.

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