DOCSLIB.ORG

Volume 1 Issue 1 2017

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Journal of Conflict Management and Sustainable Development Volume 1 Issue 1 2017 Journal of Conflict Management and Sustainable Development is a journal published twice a year Typesetting by: New Tech Edge Solutions Ltd, P.O. Box 60561 – 00200, Tel: +254 721 262 409/ 737 662 029, Nairobi, Kenya. Printed by: Mouldex Printers P.O. Box 63395, Tel – 0723 366839, Nairobi, Kenya. Published by: Glenwood Publishers Limited P.O. Box 76115 - 00508 Tel +254 2210281, Nairobi, Kenya. © Glenwood Publishers Limited Kenya All rights reserved. No article published in this journal may be reproduced, transmitted in any form, stored in any retrieval system of any nature without prior written permission of the copyright holder. The views expressed in each article are those of the contributors and not necessarily those of the Glenwood Publishers, Kenya. Editorial Board Kariuki Muigua Managing Editor Ngararu Maina Endoo Dorcas Chepkemei Faith Nguti Editorial Team Anthony Luganje Grace Chelagat-Tanah Anne Wairimu Kiramba James Ngotho Kariuki Advisory Board James Ndung'u Njuguna Brian Kinyua Machina Abdirazak Mohamed George Osanjo Silver Andrew Ouma This Journal should be cited as (2017) 1(1) Journal of cmsd ISBN 978-9966-046-15-40 Editor’s Note The Journal of Conflict Management and Sustainable Development is a peer- reviewed/refereed interdisciplinary online bi-annual publication. It is a forum for academic discourse in conflict management in all fields as countries pursue sustainable development. The Journal is aimed at a worldwide audience and is meant to spur debate among academics and persons interested in conflict management and sustainable development. The editor welcomes contributions by way of articles, commentaries, book reviews and reflections covering the themes of conflict management and sustainable development. This Issue carries articles covering diverse areas such as Environmental Justice; the Resource Curse; Mediation and the Role of women in Peace and Security; African Traditional Justice Systems; Management of Commercial Disputes; Arbitration and its efficacy; and Online Dispute Resolution. I would recommend this Journal to academics, conflict managers, Environmentalists and the general reader interested in its thematic coverage. Kariuki Muigua, Ph.D., FCIArb, Chartered Arbitrator Managing Editor Nairobi, 2017 Towards Environmental Justice in Kenya: (2017) Journalofcmsd Volume 1(1) Kariuki Muigua & Francis Kariuki Journal of Conflict Management and Sustainable Development A Journal Published Twice a Year – Volume 1 Issue 1 Content Author Page Towards Environmental Justice in Kenya Kariuki Muigua & 1 Francis Kariuki The Paradox of Plenty: Is Turkana County in Kenya Florence Karimi Shako 54 Susceptible to Falling Prey to the Resource Curse? Effective Management of Commercial Disputes: Kariuki Muigua 87 Opportunities for the Nairobi Centre for Ngararu Maina International Arbitration Do We Need to Regulate Online Dispute Alvin Gachie 110 Resolution in Kenya? Building Kenya’s Future as A Global Hub Dorothy S. Aswani 131 for International Commercial Arbitration African Traditional Justice Systems Francis Kariuki 150 Mediation and the Role of Women in Peace and Mbiriri Nderitu 167 Security Book Review-Natural Resources and Environmental James N. Ndungu 176 Justice in Kenya Book Review: Settling Disputes through Arbitration Faith Nguti 178 In Kenya, 3rd Edition Towards Environmental Justice in Kenya: (2017) Journalofcmsd Volume 1(1) Kariuki Muigua & Francis Kariuki Towards Environmental Justice in Kenya By: Kariuki Muigua* & Francis Kariuki** Abstract Natural resources are vital for human survival. They are sources of livelihood for most communities in Africa. However, access to, control and use of natural resources in most of Africa has been limited, denied or undermined by laws and policies carried over from the colonial period. Using some examples from the colonial era, the paper argues that current environmental injustices in Kenya have roots in colonial laws and policies. It also explores the provisions of the Constitution of Kenya 2010, and some of the sectoral laws enacted under it on environmental justice. The conceptual parameters of environmental justice adopted in this discussion are to assess whether the laws, policies and regulations under study distribute environmental burdens proportionately; whether they have adequate provisions for all to participate in environmental decision-making and whether they allow all to have access and enjoy a fair share of natural resources. 1.0 Introduction The paper discusses the concept of environmental justice as a tool for effective management of natural resources in the Kenyan context. Natural resources are vital for human survival. They are sources of livelihood for most communities in Africa. However, access to, control and use of natural resources in most of Africa has been limited, denied or undermined by laws and policies carried over from the colonial period. Using some examples from the colonial era, the paper argues that current environmental injustices in Kenya have roots in colonial laws and policies. It also explores the provisions of the Constitution of Kenya 2010, and some sectoral laws enacted under it on environmental justice. 2.0 Environmental Justice Broadly defined, environmental justice entails the right to have access to natural resources; not to suffer disproportionately from environmental policies, laws and regulations; and the right to environmental information, 1 Towards Environmental Justice in Kenya: (2017) Journalofcmsd Volume 1(1) Kariuki Muigua & Francis Kariuki participation and involvement in decision-making.1 In the United States of America (USA), it is defined as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. 2 Environmental justice serves two purposes. First, it ensures no groups of persons bear disproportionate environmental burdens and second, that all have an opportunity to participate democratically in decision-making processes.3 In the United Kingdom (UK), environmental justice refers to fairness in the distribution of environmental ‘goods’ or ‘bads’ and fairness in providing information and opportunities necessary for people to participate in decisions about their environment. 4 Environmental justice also means a struggle to rein in and subject corporate and bureaucratic decision-making and relevant market processes to democratic scrutiny and accountability. Environmental justice in this context requires that the exploitation of resources should be done with due regard to environmental and social exigencies. These exigencies act as important constraints in natural resources exploitation.5 * Ph.D in Law (Nrb), FCIArb (Chartered Arbitrator), LL.B (Hons) Nrb, LL.M (Environmental Law) Nrb; Dip. In Arbitration (UK.); Dip. In Law (KSL); FCPS (K); MKIM; Accredited Mediator; Consultant: Lead expert EIA/EA NEMA; BSI ISO/IEC 27001:2005 ISMS Lead Auditor/ Implementer; Advocate of the High Court of Kenya; Senior Lecturer at University of Nairobi, School of Law [ September, 2017]. *LL. B; LL.M; MCIArb; Lecturer, Strathmore Law School. The discussion begins with an overview of the concept of environmental justice and its importance in natural resources management. It then highlights incidences of environmental injustices that have happened in Kenya and undertakes an analysis of the relevant legal frameworks, and offers proposals on what can be done to achieve environmental justice for the Kenyan people. 1 R. Ako, ‘Resource Exploitation and Environmental Justice: the Nigerian Experience,’ in F.N. Botchway (ed), Natural Resource Investment and Africa’s Development, (Cheltenham, UK: Edward Elgar Publishing, 2011), pp. 74-76. 2 U.S. Environmental Justice Agency, ‘What is Environmental Justice?’Available at http://www.epa.gov/environmentaljustice/ [Accessed on 08/12/2014]. 3 R. Ako, ‘Resource Exploitation and Environmental Justice: the Nigerian Experience,’ in F.N. Botchway (ed), Natural Resource Investment and Africa’s Development, op. cit. 4 Ibid. 5 Obiora, L., ‘Symbolic Episodes in the Quest for Environmental Justice’. Human Rights Quarterly, 21, 2, 1991. P. 477. 2 Towards Environmental Justice in Kenya: (2017) Journalofcmsd Volume 1(1) Kariuki Muigua & Francis Kariuki In Africa, environmental justice mostly entails the right to have access to, use and control natural resources by communities.6 This view is exemplified by the Endorois case, 7 where the community was fighting against violations resulting from their displacement from their ancestral lands without proper prior consultations, adequate and effective compensation for the loss of their property, the disruption of the community's pastoral enterprise and violations of the right to practise their religion and culture, as well as the overall process of their development as a people. The African Commission on Human and Peoples’ Rights (ACHPR) found Kenya to be in violation of the African Charter, 8 and urged Kenya to, inter alia, recognise the rights of ownership of the Endorois; restitute their ancestral land; ensure the Endorois have unrestricted access to Lake Bogoria and surrounding sites for religious and cultural rites and for grazing their cattle. The Government of Kenya is however yet to implement the decision of the Commission in the Endorois case. This demonstrates the Government’s laxity in actualizing environmental
Recommended publications
  • Statelessness and Citizenship in the East African Community

    Statelessness and Citizenship in the East African Community

    Statelessness and Citizenship in the East African Community A Study by Bronwen Manby for UNHCR September 2018 Commissioned by UNHCR Regional Service Centre, Nairobi, Kenya [email protected] STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY 2 September 2018 STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Table of Contents List of Tables ............................................................................................................................... i List of Boxes ................................................................................................................................ i Methodology and acknowledgements ...................................................................................... ii A note on terminology: “nationality”, “citizenship” and “stateless person” ........................... iii Acronyms .................................................................................................................................. iv Key findings and recommendations ....................................................................... 1 1. Summary ........................................................................................................... 3 Overview of the report .............................................................................................................. 4 Key recommendations .............................................................................................................. 5 Steps already taken ..................................................................................................................
  • Handbook on Kenya's Electoral Laws and System, EISA (2010)

    Handbook on Kenya's Electoral Laws and System, EISA (2010)

    A HANDBOOK ON KENYA’S ELECTORAL LAWS AND SYSTEM HIGHLIGHTS OF THE ELECTORAL LAWS AND SYSTEM ESTABLISHED BY AND UNDER THE CONSTITUTION OF KENYA 2010 AND OTHER STATUTES. ©Electoral Institute for Sustainable Democracy in Africa (EISA) ONGOYA, Z. ELISHA & WILLIS E. OTIENO Published by: Electoral Institute for Sustainable Democracy in Africa (EISA) 6th Floor I&M Bank House, 2nd Ngong’ Avenue, Upper Hill P.O. Box 35304 - 00100 Nairobi, Kenya Tel: 020 - 271 227 3 Fax: 020 271 227 5 Email: [email protected] Website: www.eisa.org.za ISBN No. 978-9966-21-148-4 Ongoya, Z. Elisha is an Advocate of The High Court of Kenya based in Nairobi. Willis E. Otieno is an Advocate of The High Court of Kenya working at EISA Kenya fi eld offi ce. © Electoral Institute for Sustainable Democracy in Africa (EISA), 2012 About the Electoral Institute for Sustainable Democracy in Africa (EISA) EISA is a not for profi t organisation established in 1996 and headquartered in Johannesburg (South Africa) with fi eld offi ces in Kinshasa (DRC), N’Djamena (Chad), Antananarivo (Madagascar), Maputo (Mozambique), Nairobi (Kenya), Harare (Zimbabwe) and Cairo (Egypt). EISA’s vision is for an African continent where democratic governance, human rights and citizen participation are upheld in a peaceful environment. EISA strives for excellence in the promotion of credible elections, citizen participation, and the strengthening of political institutions for sustainable democracy in Africa. • To achieve its objectives, EISA works in a number of programme areas including; • Democracy, confl
  • PROF BEN SIHANYA, JSD (STANFORD) CURRICULUM VITAE, 1/3/2021, Monday

    PROF BEN SIHANYA, JSD (STANFORD) CURRICULUM VITAE, 1/3/2021, Monday

    PROF BEN SIHANYA, JSD (STANFORD) CURRICULUM VITAE, 1/3/2021, Monday © Prof Ben Sihanya, JSD & JSM (Stanford), LLM (Warwick), LLB (Nairobi), PGD Law (KSL) IP and Constitutional Professor, Public Interest Advocate and Mentor Constitutional Democracy, ©, TM, IP, Education Law, Public Interest Lawyering Commissioner for Oaths, Notary Public, Patent Agent, Author, Public Intellectual & Poet University of Nairobi Law School & Prof Ben Sihanya Advocates & Sihanya Mentoring & Innovative Lawyering Author: IP and Innovation Law in Kenya and Africa: Transferring Technology for Sustainable Development (2016; 2020); IP and Innovation Law in Kenya and Africa: Cases and Materials (forthcoming 2021); Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa Vols. 1, 2 & 3 (due 2021) [email protected]; [email protected]; url: www.sihanyaprofadvs.co.ke; www.innovativelawyering.com Nairobi; Revised 3/2/2021; 12/2/2021; 1/3/2021 1 PROF BEN SIHANYA, JSD (STANFORD) CURRICULUM VITAE 1989 to Monday, March 1, 2021 Prof Ben Sihanya, JSD & JSM (Stanford), LLM (Warwick), LLB (Nairobi), PGD Law (KSL) IP and Constitutional Professor, Public Interest Advocate and Mentor Constitutional Democracy, ©, TM, IP, Education Law, Public Interest Lawyering Commissioner for Oaths, Notary Public, Patent Agent, Author, Public Intellectual & Poet University of Nairobi Law School & Prof Ben Sihanya Advocates & Sihanya Mentoring & Innovative Lawyering Author: IP and Innovation Law in Kenya and Africa: Transferring Technology for Sustainable
  • Statelessness and Citizenship in the East African Community

    Statelessness and Citizenship in the East African Community

    Statelessness and Citizenship in the East African Community A Study by Bronwen Manby for UNHCR September 2018 Commissioned by UNHCR Regional Service Centre, Nairobi, Kenya [email protected] STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY 2 September 2018 STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Table of Contents List of Tables ............................................................................................................................... i List of Boxes ................................................................................................................................ i Methodology and acknowledgements ...................................................................................... ii A note on terminology: “nationality”, “citizenship” and “stateless person” ........................... iii Acronyms .................................................................................................................................. iv Key findings and recommendations ....................................................................... 1 1. Summary ........................................................................................................... 3 Overview of the report .............................................................................................................. 4 Key recommendations .............................................................................................................. 5 Steps already taken ..................................................................................................................
  • Secessions, Majimboism and the Federalist Debate in Africa: a Comparative Study of South Sudan, Kenya and Nigeria

    Secessions, Majimboism and the Federalist Debate in Africa: a Comparative Study of South Sudan, Kenya and Nigeria

    UNIVERSITY OF NAIROBI INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES SECESSIONS, MAJIMBOISM AND THE FEDERALIST DEBATE IN AFRICA: A COMPARATIVE STUDY OF SOUTH SUDAN, KENYA AND NIGERIA KEVIN KARANGI KARIUKI R52/80323/2012 A RESEARCH PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF THE REQUIREMENTS OF THE DEGREE OF MASTERS IN INTERNATIONAL CONFLICT MANAGEMENT, INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES, (IDIS), UNIVERSITY OF NAIROBI SEPTEMBER 2014 Declaration This project is my original work and has not been submitted for degree to any other University. Signature.................................................... Date..................................................... Kevin Karangi Kariuki This project has been submitted for examination with our approval as University supervisors. Signature.................................................... Date..................................................... Dr. Ibrahim Farah ii Acknowledgments First and foremost, ALL Glory goes to God for seeing me this far. I am forever grateful to the following persons; Dr.Ibrahim Farah, the project supervisor, for his assistance, encouragement and guidance in making the project a success. I also thank all the lecturers who in one way or another have made this work a success and also for the knowledge they have imparted to me since I joined UON in 2012. I would like to acknowledge my parents, Mr. and Mrs. Karangi who have been loving and caring parents and supported me whole heartedly. I truly thank you for all the support you have given me. I also extend my sincere thanks to my brothers Ian Kimani, Martin Robi and David Kinuthia for their encouragement. I would also like to thank Mercy Gathoni for her words of encouragement and prayers. Gen. J W Karangi¸ Chief of The Kenya Defense Forces, for the assistance he gave me by providing research material and for sharing his priceless thoughts on the topic at hand which has led to a successful project.
  • Placing the Kenyan Law on Benefit-Sharing Within Its Proper Social, Economic and Political Context: the Case Study of Turkana Oil Resources

    Placing the Kenyan Law on Benefit-Sharing Within Its Proper Social, Economic and Political Context: the Case Study of Turkana Oil Resources

    PLACING THE KENYAN LAW ON BENEFIT-SHARING WITHIN ITS PROPER SOCIAL, ECONOMIC AND POLITICAL CONTEXT: THE CASE STUDY OF TURKANA OIL RESOURCES BY ODHIAMBO FELIX OTIENO G62/75864/2014 SUPERVISOR: DR JANE DWASI A DISSERTATION SUBMITTED TO THE UNIVERSITY OF NAIROBI IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF MASTER OF LAWS (LL.M) NOVEMBER 2015 1 DECLARATION I declare that this Dissertation is my original work and that the same has not been presented or is not currently being presented for a degree in any other University. ……………………………………….. Odhiambo Felix Otieno ………………………………………… Date This Dissertation has been submitted for examination with my approval as University of Nairobi Dissertation Supervisor, ……………………………………….. Dr. Jane Dwasi Department of Public Law, University of Nairobi. …………………………………………. Date ii DEDICATION This work is dedicated to; The souls of my sweet Mum, Grace Mary Atieno, Grandma Prisca Oyieko, Paul and Regina Nadeau. May your dear souls find eternal rest in God‟s Heavenly abode. Amen. And My dear wife Lilian, and our lovely children Lance, Trevor and the yet to be born daughter, Graca Ethel. Your unconditional love, support and presence in my life has been a true inspiration. And To the souls of all those Kenyans whose lives have been snuffed out through politically- instigated ethnic and land-related clashes. Your deaths were never in vain as they provided the reality jolt which spurred the constitutional and legal reforms which are presently taking root, albeit, painstakingly. Your deaths have driven us away from the precipice of annihilation and promise to deliver us to safety.
  • Security and Devolution in Kenya: Struggles in Applying Constitutional Provisions to Local Politics

    Security and Devolution in Kenya: Struggles in Applying Constitutional Provisions to Local Politics

    Security and devolution in Kenya: Struggles in applying constitutional provisions to local politics Dominic Burbidge* Abstract The Fourth Schedule of the Constitution of Kenya (2010 Constitution) retains security as a function of National Government. At the same time, the 2010 Constitution creates 47 county governments with considerable autonomy in public service provision. Many county governors have demanded a say in the deployment of security services because of the inequality of security provision throughout Kenya’s history. While the 2010 Constitution is clear, however, in not providing much of a local say in the way security is deployed, it is found that in their day-to-day activities security officials depend on a close relationship with local politicians. This article examines constitutional provisions in the context of the history of security in Kenya and its practical deployment under the new political framework. It is argued that the long-term reasons for the inconsistent and insensitive use of security forces endure in contemporary dilemmas over the relationship between national security provision and local politics. Regardless of what the 2010 Constitution says, successful deployment of security depends on cooperative local political relations. Attempts to establish these links can often lead county governors to overstep their mandates, however, contravening the 2010 Constitution. We are therefore not only witnessing a transformation of the political structure through devolution but also transformation of the negotiated structure of security’s deployment. * BSc (QMUL), MPhil (Oxford), DPhil (Oxford) 3 STRATHMORE LAW JOURNAL, 1, AUGUST 2017 Dominic Burbidge 1. Introduction When in 1919 Max Weber defined the state as ‘a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory’1 he set off an appreciation of the security apparatus as a central qual- ity for defining statehood.
  • Kenya Constitutional Documents: a Comparative Analysis

    Kenya Constitutional Documents: a Comparative Analysis

    CMIREPORT Kenya Constitutional Documents: A Comparative Analysis Preston Chitere Ludeki Chweya Japhet Masya Arne Tostensen Kamotho Waiganjo R 2006: 5 Kenya Constitutional Documents: A Comparative Analysis Preston Chitere, Ludeki Chweya, Japhet Masya Arne Tostensen, Kamotho Waiganjo R 2006: 5 CMI Reports This series can be ordered from: Chr. Michelsen Institute P.O. Box 6033 Postterminalen, N-5892 Bergen, Norway Tel: + 47 55 57 40 00 Fax: + 47 55 57 41 66 E-mail: [email protected] www.cmi.no Price: NOK 50 ISSN 0805-505X ISBN 82-8062-153-9 This report is also available at: www.cmi.no/publications This report has also been released as IPAR Working Paper No. 7/2006 Indexing terms Constitutions Comparative analysis Kenya Project number 25170 Project title Comparative study of Kenyan constitutions Contents ABBREVIATIONS AND ACRONYMS.......................................................................................................VI PART I: INTRODUCTION....................................................................................................................... 1 1. PREAMBLE............................................................................................................................................. 1 2. THE PROCESS AND PRELUDE TO THE REFERENDUM............................................................. 2 PART II: THE COMPARISONS ............................................................................................................... 5 3. THE EXECUTIVE AND ITS RELATIONSHIP TO PARLIAMENT ..............................................
  • Alternative Justice Systems Baseline Policy, 2020

    Alternative Justice Systems Baseline Policy, 2020

    AlternativeALTERNATIVE JUSTICE SYSTEMS FRAMEWORKJustice SystemsPOLICY Baseline Policy traditional, informal and other mechanisms used to access justice in kenya (alternative justice systems) August 2020 Copyright © Judiciary of Kenya, 2020 Published by The Judiciary of Kenya P.O. Box 30041 - 00100, Nairobi Tel. +254 20 2221221 First edition: August 2020 All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the author or acknowledging the source except for the inclusion of brief quotations in a review. Cover photo: Allan Gichigi/UNODC Design and layout: Amina Darani/UNODC This publication was produced with technical assistance from the United Nations Office on Drugs and Crime (UNODC) and with the financial support of the European Union through the Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD). Its contents are the sole responsibility of the Judiciary of Kenya and do not necessarily reflect the views of the European Union or UNODC. JUSTICE AS FREEDOM1: TR ADITIONAL, INFORMAL AND OTHER MECHANISMS FOR DISPUTE RESOLUTION IN KENYA August 2020 Alternative Justice Systems Baseline Policy 1 This phrase is borrowed from Amartya Sen,Development as Freedom (Oxford University Press: Oxford, 1999). Accord- ing to Sen (at page 3), development should not be gauged solely from an economic perspective or opportunities that any project is likely to create. Rather, we need to take a transformative approach. This perspective entails reviewing also rights that any initiative promotes or curtails. Aligning AJS Mechanisms and Judiciary to the Constitution of Kenya (2010) and The Judiciary’s Blueprint for Sustaining Judicial Transformation TASK FORCE ON THE TR ADITIONAL, INFORMAL AND OTHER MECHANISMS FOR DISPUTE RESOLUTION IN KENYA Letter of transmittal Date: Friday, 17th August, 2020 Hon.
  • The Constitution of Kenya Review Act

    The Constitution of Kenya Review Act

    No. 9 Constitution of Kenya Review 2008 THE CONSTITUTION OF KENYA REVIEW ACT No. 9 of 2008 Date of Assent: 11th December, 2008 Date of Commencement: 22nd December, 2008 ARRANGEMENT OF SECTIONS Section PART I — PRELIMINARY 1 —Short title and commencement. 2 —Interpretation. 3 —Object and purpose of the Act. 4 —Object and purpose of the constitutional review process. 5 —Organs of review. 6 —Guiding principles. 7 —Parliamentary Select Committee. PART II — ESTABLISHMENT AND COMPOSITION OF www.kenyalaw.org COMMITTEE OF EXPERTS 8 —Establishment and membership of the Committee of Experts. 9 —Procedure for appointing non-citizen members. 10—Qualification for appointment as member. 11—Chairperson and deputy chairperson. 12—Tenure of office. 13—Vacancy. 14—Removal of member of Committee of Experts. 15—Filling of vacancy. 16—Independence of Committee of Experts. 17—The Director. 18— Staff of the Committee of Experts. 19— Oath of office. 20—Code of Conduct. 21—Protection from personal liability. 22—Liability of the Committee of Experts for damages. 1 No. 9 Constitution of Kenya Review 2008 PART III — FUNCTIONS AND POWERS OF THE COMMITTEE OF EXPERTS 23—Functions of the Committee of Experts. 24—Powers of the Committee of Experts. 25—Procedure of the Committee of Experts. 26—Records of the Committee of Experts. 27—Civic education. PART IV — REPORT OF THE COMMITTEE OF EXPERTS AND ACTION THEREON 28—Completion of work. 29—Reference Materials. 30—National discussion of draft Constitution. 31—Reference Group. 32—Approval of draft Constitution by Parliamentary Select Committee. 33—Debate of draft Constitution by National Assembly. 34—Publication of the new Constitution.
  • Mid Year Report 2019 2 Pro Bono & Csr Mid Year Report 2019

    Mid Year Report 2019 2 Pro Bono & Csr Mid Year Report 2019

    MID YEAR REPORT 2019 2 PRO BONO & CSR MID YEAR REPORT 2019 Patron, CSR Committee At A&K we pride ourselves in our culture of giving back. We encourage our staff to not only give but to actively participate in the projects that we support. As a result we continue to see the impact that our efforts are making on people’s lives. I am particularly proud to highlight the Firm’s contribution towards the putting up of an exclusive Managing law library at Strathmore University, which was officially opened on 27th June this year. The Anjarwalla & Khanna Law Library is a marker of our commitment to use our resources to further the Partner’s remarks rule of law and enhance access to legal education. I would especially like to thank the A&K Partners for this contribution. Overall, we are happy to have been instrumental “From everyone who has been given much, much in bringing change to the lives of many through will be demanded; and from the one who has been our CSR efforts in the first half of 2019. We are entrusted with much, much more will be asked.” committed to continue to do more. My deep {Luke 12:48 (NIV)} gratitude goes to the members of the CSR At Anjarwalla & Khanna, we take a broad view of Committee for their exemplary work and to the our obligations to our country, continent and the staff members who have participated in each of the world at large, and as such we see ourselves as initiatives. being expected to give back in a great way.
  • Beginner's Guide to the Proposed Constitution

    Beginner's Guide to the Proposed Constitution

    Beginner’s guide to the Proposed Constitution: Chapter by chapter The background On 4 August, Kenyans will vote ‘Yes’ or ‘No’ to the question: “Do you approve the proposed constitution?” This is the introductory article in a series explaining, chapter by chapter, what the Proposed Constitution says. This article provides the background. The Proposed Constitution was drafted following a process set out in the 2008 Constitution of Kenya Review Act. The Act established four organs of review – the Committee of Experts (CoE), the Parliamentary Select Committee on the Review of the Constitution (PSC), the National Assembly, and the Referendum. The first three have completed their tasks. The referendum is the last step. But, the process did not start in February 2009 when the CoE assumed office. The 2008 Review Act states that it is “intended to facilitate the completion of the review of the Constitution”. Some say constitutional review started in 1997 when the first Constitution of Kenya Review Act was passed, others claim it started much earlier – perhaps in 1992 when multiparty democracy was restored or even in 1963 when the independence constitution was brought to Kenya from Lancaster House. Whatever the date, no one disputes that constitutional change has been on Kenya’s agenda for a long time. So, the Proposed Constitution was not created from scratch by the CoE, PSC and National Assembly. Its foundations lie in Kenya’s history of constitutional review. This is most obvious in the instructions to the CoE and other organs of review in the 2008 Act. First, the Review Act instructed the CoE to build on the work of its predecessors – the Constitution of Kenya Review Commission (the Ghai Commission) and the National Constitutional Conference (Bomas) and, especially, the draft constitutions that emerged from those processes.