constitution

Former President, Judge, both ordered to pay legal costs from their own pockets

In a further stunning reversal for Malawi’s former President, Peter Mutharika, he and a former high court judge, Lloyd Muhara, have been ordered personally to pay the legal costs of a case brought to reverse a major decision taken by them just before the elections at which Mutharika was voted out of office. By that decision they hoped to force the Chief Justice to go on leave, pending retirement, in retaliation for a judicial decision finding that the May 2019 elections were invalid.

Read judgment 

Malawi’s judiciary has done it again, handing down a landmark decision that underscores judicial independence and the separation of powers, as well as the heavy price to be paid for anyone who attempts to do so.

The story begins with Malawi’s former President, Peter Mutharika, who had some harsh and dubious things to say about the judiciary and its power relative to the legislature.

More than 20 Kenyan laws nullified after National Assembly disregards Senate

As the still-unresolved fight over the number of women in Parliament shows, Kenya’s constitution is very much a work in progress, with continuing disputes over what its text means exactly and how seriously to take clauses that some parties dismiss as merely ‘aspirational’. The latest case to be decided by the courts on gaps or possible ambiguities in the constitution concerns the very serious question of how the Senate and the National Assembly must relate to one another.

Read judgment

The idea that one of the two houses of a country’s Parliament should sue the other is almost unthinkable – until you realise that this is Kenya, where the meaning of much of the Constitution is still to be interpreted.

Kenya's apex court confirms 'novel' rights of victim's counsel

A man accused of murdering a student has helped make new law. That's because of the significant judgment issued by Kenya's Supreme Court after he tried to stop counsel for the deceased student becoming involved in the trial. Joseph Waswa, charged with killing Mitch Kibiti Barasa, said that his fair trial rights were infringed when the trial court allowed counsel for Barasa to play a role in the matter. But the Supreme Court has now put him right.

Read judgment

High-flying Kenya socialite Joseph Waswa, 33, is facing charges of widespread fraud and corruption. But it is his murder trial that will ensure his name lives on in the law reports.

Pages

Subscribe to RSS - constitution