Separation of powers

Health activist loses court battle for complete tobacco ban in Kenya

A spirited fight for tobacco to be completely banned on tobacco in Kenya has gone up in smoke: the constitutional and human rights division of the high court has refused a petition brought to overturn the existing laws controlling the production and sale of tobacco in Kenya. Instead, the unsuccessful litigant wanted tobacco to be outlawed completely to safeguard the health of that country’s people.

Read judgment

Convinced that tobacco smoking poses a far greater health hazard than the government realised, Kenyan Ibrahim Mahmoud Ibrahim brought a high court application in 2019, asking for tobacco, in all its forms, to be completely outlawed.

‘Cry-baby’ politician should not have brought party political case to court – judge

When Malawian politician Shadrick Namalomba asked for judicial intervention on the question of where he should sit in the national assembly, Judge Mzonde Mvula set him straight. Such issues were not appropriate for the courts to consider, he said. It was clearly an issue related to conflict within the official opposition, and for a variety of reasons, it should never have been brought to court.

Read judgment

During March, Shadrick Namalomba, a member of Malawi’s opposition Democratic Progressive Party (DPP), asked the court to intervene in a dispute he had with his party. In particular, he wanted the leader of the DPP to be stopped from allocating him to seat 99 and later, to seat 100, for parliamentary debate.

Dispute over sitting Ugandan judges appointed to head prosecution arm

Is a sitting judge allowed to take a job as head of his or her country’s prosecution services? And if a court finds that it was unconstitutional for the judge to accept the second position, what is the status of the judge’s decisions as a prosecutor? These, and difficult, related questions, have been raised in Uganda, where a series of judges have been appointed to other government jobs, without first resigning from the bench.

Read judgment

Pages

Subscribe to RSS - Separation of powers
x123xx