THE LAW OF SUCCESSION ACT (CAP 160) NEEDS TO BE UPGRADED
By Pravin Bowry If we look at the post-independence development of law objectively, one piece of legislation, the Law of Succession Act Chapter 160, stands out as a landmark of indigenous homegrown legislation. As a result of Contran’s Commission on Law of Succession in Kenya in the late 60’s, the succession laws were harmonized and…
CHRONOLOGY OF 137 YEARS OF EVENTS IN KENYA
By Pravin Bowry It is 137 years since the British Government granted the Imperial British East Africa Company (IBEAC) the Royal Charter to administer territories of East Africa on behalf of the British Crown. A chronology of historical events since then is necessary to put the main developments in their rightful perspective. It is hoped…
TIME TO “KENYANIZE” OUR LAWS
“Is it opportune to “Kenyanize” our laws?” Kenya has been an independent Nation for over 61 years and it is over 104 years since the country was formally colonized in 1920 when the British Government declared it a Crown Colony and Colonial rule lasted until 12th December, 1963 The British Government had in 1895 declared…
GUIDE TO THE LAWS OF KENYA
I am pleased to announce that my book “Guide to the Laws of Kenya” is now on sale. It is published by “Law Africa” and is being sold for KShs.2,990/= The book (ISBN 9966 – 53-098-1) can be purchased from Text Book Centre, Prestige Bookshop and other outlets. The book will be useful to all…
The Kenyan Legislative Tsunami and the Looming Legal Showdown of Mammoth Proportions
Pursuant to a three – Judge bench Constitutional Court judgment delivered on 29th October, 2020 in the Consolidated Human Rights High Court Petitions 284 and 353 of 2019 by the Hon. Justices Ngaah Jairus, Anthony Ndungu and Mumbua T. Matheka, 23 Acts of Parliament were declared unconstitutional, null and void. The Acts declared unconstitutional are…
Time for Reforms in Marriage Laws
Marriage. Buying a house. Having children – a dream come true and utopia for any young Kenyan. And then, sometimes, a broken dream. A broken marriage for whatever reason. Divorce or separation tug of war for children, splitting of the house and properties. And then begins the Kenyan legal nightmare related to marriage laws, childrens’…
UNCONSTITUTIONAL LAWS, SUPREMACY OF PARLIAMENT AND THE ROLE OF JUDICIARY.
A citizen is led to believe that once an Act of Parliament has passed through the National Assembly, assented to by the President, date of commencement determined and duly published in the Kenya Gazette, the law is cast in stone. Really? An analysis of the legal position points to a contrasting scenario. Since the promulgation…
Constitutionality of the Community Land Act (Act No 27 of 2016) – Recipe for Confusion and Strife
On promulgation of the 2010 Constitution, important aspects of community land were addressed in Article 63, essentially dealing with what was formerly designated as “trust land.” Article 63(2) reads thus; “(2) Community land consists of— (a) land lawfully registered in the name of group representatives under the provisions of any law; (b) land lawfully transferred…
A PERSONAL ANECDOTE:Poachers and One Peter Beard
I must share a small but profound encounter which took place over 50 years ago with a world-renowned person – one Peter Beard, now deceased. Something to do with poachers. Poachers provoke me. I was called a poacher by non other than one of my pupils – now a Senior Lecturer at Griffith University in…
Criminality in Government Registries – The Bane of Wanjiku
Heard of Wanjiku? Wanjiku is that ordinary downtrodden, overburdened, perhaps barefooted Kenyan, carrying on her back a heavy stack of Kenyan woes. For the record, Wanjiku was born, and epitomized, when the late President Daniel Arap Moi, with his iron fist, repeatedly declined calls for a new Constitution. Wanjiku has a brother in the English…
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