Kenya

Firearms verdict a victory for rule of law

This first appeared in Legalbrief

Read judgment here

When fiery Kenyan opposition politician Johnson Muthama received a notice from the Firearms Licensing Board earlier this year saying that his firearm licence had been revoked, he moved quickly. Just days later he was before the courts, challenging the legality of the action that effectively made it unlawful for him to continue in possession of his rifle, pistol and shotgun, as well as all the ammunition for these weapons.

Land commission reversed after “monumental, unmitigated” breach of natural justice

 

Read the judgment here

 

THE case, brought by the Kenya Reinsurance Corporation (KRC), puts the spotlight on a decision by the National Land Commission, with the court ultimately holding that the commission violated the rules of natural justice and that its decision has to be set aside.

Kenya: Time for courts to develop judicial review as “constitutional supervision of power” - judge

WHEN a court begins its decision with a hymn to the values of the constitution and the rule of law, I would expect to find the judge is about to do something unusual or significant.

Did this happen in the recently-decided case of the Speaker of the senate against two limited liability companies? You be the judge.

Before he even began to explain the facts of the case, though, Judge Mativo, who presided in the matter, spent three paragraphs on the significance of the law, justice and the rule of law in a modern, changing society.  

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