
THE NITTY- GRITTY OF SPORTS LAW IN KENYA: PART 1- THE SPORTS ACT, 2013
INTRODUCTION The commercial significance of sports has increased tremendously in recent decades both globally and locally. Sports are no longer viewed merely as a source of entertainment but also as a source of business and as a career path for professional sportspersons.[i] Consequentially, the need to regulate sporting activities by governments, international sporting bodies, and
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‘IN CASE WE BREAK UP’: PRENUPTIAL AGREEMENTS IN KENYA
Written by Raude Nixon & Anthony Mutugi. A fairytale often has a happy ending; the dream for most couples before marriage. Nonetheless, not all marriages have happy endings as some end up in divorce Courts followed by ugly matrimonial property causes. Acknowledging the possibility of such a harsh reality, some couples consider entering into prenuptial
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EMPLOYER’S DUTY TO ISSUE TERMINATION NOTICE FOR INTENDED REDUNDANCY
By Antony Mutugi With the wake of the global economic crisis, that has precipitated as a direct consequence of the COVID-19 pandemic, increased employee lay-offs are imminent. Accordingly, it is important for both employers and employees to appreciate their Constitutional and statutory employment rights and obligations with regards to the termination of the employment relationship
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REINFORCING THE PROSECUTION: THE RIGHT OF CRIME VICTIMS TO CROSS-EXAMINE
By Levi Munyeri* Introduction A common sight in criminal courts is a sole prosecutor sitting on one end of the courtroom facing a quiver of seasoned defence lawyers, ready to attack any evidence or argument that is leveled against their clients. This scene is more pronounced in trials of multiple accused persons. In a trial
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Abolish the Kenyan Police FORCE: Reform through Decolonization
Written by Nelson Chege. On the night of December 21, 2018, Carilton David Maina, a student at Leeds University, was fatally shot by police in Laini Saba, Kibra as he walked home from a football game[i]. The almost immediate societal uproar that followed Carliton’s death exposed many other veiled cases of wanton and unnecessary killings
Read MoreLIMITATION OF ACCESS TO JUSTICE ON THE FACE OF COVID-19
Written by Cynthia Njeri and Nyandia Kahiu. Access to justice, provided under Article 48 of the Constitution of Kenya, 2010, is a fundamental right that has been affected by COVID-19 pandemic since its first case confirmation in Kenya on the 6th March 2020. On 15th March 2020, the President gave directives[i] that informed a press statement
Read MorePANDEMICS AND FORCE MAJEURE CLAUSES
Written by Christopher Rosana. Force majeure clauses are common within various contracts. They allow the parties to be excused from performing their obligations due to the occurrence of natural disasters and pandemics like Covid-19 [State Trading Corpn of India Ltd v ED & F Man (Sugar) Ltd].[i] It could allow parties not to pay rent,
Read MoreBLAME IT ON COVID-19?A GUIDE ON PERFORMANCE OF CONTRACTS THAT ARE AFFECTED BY THE PANDEMIC
BLAME IT ON COVID-19?A GUIDE ON PERFORMANCE OF CONTRACTS THAT ARE AFFECTED BY THE PANDEMIC Written by Levi Munyeri. Beyond deaths and human suffering, no infamy of COVID -19 will match the mayhem that it has descended on the business world. A global pandemic of this kind is an extremely rare event that no business,
Read MoreKENYA’S IMMEDIATE POLICY LESSONS FROM THE COVID-19 PANDEMIC
Written by Nelson Chege. The COVID-19 pandemic has left the entire world grappling with the effects of a global health crisis. Beyond the immediate human toll impact, the outbreak is bound to have serious economic repercussions. The mortality rate from the spread of the Corona virus is rapidly rising in countries like Italy, China, and
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FREEDOM OF MOVEMENT IN THE WAKE OF CORONA VIRUS: LEGALITY OF A LOCK-DOWN
Written by Levi Munyeri. Introduction A gale is sweeping across the globe, wreaking the foundations of human interaction like nothing the world has witnessed in post-world wars era. The last time the world witnessed a pandemic of similar devastation was the deadly Influenza Pandemic of 1918 that extinguished an approximate 40 million people.[1] A striking
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