Kenya

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.

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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.

No evidence, no arrest - Kenya high court

A prominent Kenyan legal academic and practising advocate, Professor Tom Odhiambo Ojienda, is in the midst of a running battle between himself and the country’s tax bosses and prosecution services. The authorities claim that he has not paid tax on payment for work in a series of cases. The claims are particularly damaging for Ojienda, given that his law company advertises itself as ‘a top-tier law firm comprising a dedicated team of advocates and support staff offering expert legal advice’.

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One of Kenya’s best-known lawyers, Professor Tom Odhiambo Ojienda, has won a significant battle in the continuing war between himself and the prosecution services.

A new anti-corruption hero – and a judge who holds the line

A woman who held firm against a shady 'fronting' scheme has been vindicated by the high court in Mombasa. After Rachel Ndambuki refused to become part of the scheme she was demoted and sent to another office. However, she persisted with her legal action, saying her transfer and demotion had infringed a number of her rights and that she should be paid damages.

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I’ve never met her, but Kenya’s Rachel Ndambuki has become a hero. That’s because of the way that she has stood up strongly against corruption. Likewise, I’ve not met Judge James Rika, but he has my respect because of how firmly he has held the line against government officials who flout court orders, and even ignore contempt findings.

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