constitutionality

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.

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Couples wanting to marry in Kenya have some decisions to make: there are no fewer than five forms of marriage from which to choose.

Lockdown on hold, AG taken to task: latest from Malawi high court

In this week’s round of an ongoing dispute over the validity of Malawi’s Covid-19 restrictions, the high court has ruled that the government's planned regulations may still not be put into effect. The court has referred these challenges to the Chief Justice who will consider setting up a high court constitutional panel that would hear the problem and find a way forward. At its heart, the dispute is about whether the proposed restrictions have a valid legal base and/or contravene the constitution.

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Both the two key issues in this judgment will have sent shock waves through Malawi’s legal community. First, the court confirmed that the challenge to the validity of the country’s Covid-19 restrictions was weighty enough to be referred to the Chief Justice, Andrew Nyirenda. If the CJ certified it was necessary, a special panel of high court judges would sit to decide the constitutional issues raised.

Uganda: Judicial Independence Reaffirmed

JUDGES of Uganda’s constitutional court have come to the rescue of two judicial colleagues: the two judges of that country’s industrial court were appointed for a five-year term, while the constitution says judges must have permanent, pensionable appointments. The two judges petitioned the court for help after they had no satisfaction when they raised the matter with the attorney-general. The court agreed that it was unconstitutional to appoint judges for a short-term period and that this could impact on judicial independence.

JUDGES of Uganda’s constitutional court have come to the rescue of two judicial colleagues, finding that the statutory five-year limited term of office of the industrial court bench undermined judicial independence and was unconstitutional and therefore invalid.

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