LEGAL NEWS & UPDATES

The ongoing rains and resulting floods persist, causing loss and widespread panic fueled by uncertainty about when and where the storm waters will strike. Concerns about building safety and the impending school reopening heighten anxiety. While county governments undertake some rescue efforts, they are widely seen as inadequate. Criticism mounts over the failure to take proactive measures despite early rain warnings. The lack of substantive communication from government has left many Kenyans won...

Ever considered why lawyers frown at individuals posing as legal professionals? While encroachment on their livelihood is a factor, let's forget the lawyers for a moment and look at it from the perspective of consumers of legal services. Did you know that when you enlist a qualified lawyer, there is recourse for you if things go awry in your lawyer-client relationship? Let’s pause a little here. In the client-advocate relationship, while we hope for the best, unforeseen circumstances can ari...

Mjadala unaondelea Kenya kuhusu kesi za uhalifu za watu maarufu umefunua kiasi kidogo tunachojua kuhusu jinsi kesi za uhalifu zinavyosikizwa. Hakuna wakati bora kama sasa kwa umma kujifunza mchakato wa kushtaki mtu kwa uhalifu. Maarifa haya ni muhimu kwani yanaweza kusaidia walalamikaji, washukiwa, na wale waliohusika nao kuepuka vitendo vinavyoweza kusababisha kushindwa kwa haki. Hatua za kushtaki mtu kwa uhalifu kawaida hufuata hatua muhimu hizi nchini Kenya: kuwasilisha malalamishi Ha...

The ongoing debate in Kenya surrounding high-profile criminal cases has highlighted our limited understanding of how criminal prosecutions are conducted. There's no better opportunity than now for the general public to familiarize themselves with the process of criminal prosecution. This knowledge is crucial as it may assist complainants, suspects, and those associated with them in avoiding actions that could potentially lead to miscarriages of justice. In Kenya, the stages of criminal prose...

It is the responsibility of advocates to balance their obligations to the court and their clients in order to make sure the client's requirements and wishes are fulfilled without providing false information to the court. As a client, you rely on and place your trust in your advocate of choice who will, in turn, assist, counsel, and protect you as needed. The relationship between a client and an advocate is of a “fiduciary nature. The law protects your rights as a consumer of legal services. I...

Every day we are on the road commuting from one place to another, but it may be surprising , how little we may know about road traffic regulations, traffic offences or the penalty they carry. Most times when cited with a traffic violation, we are often left at the mercy of the traffic police, with little clue on what should happen next, or even worse, totally ignorant on whether or not our actions actually violated any of the traffic regulations. This article focuses on what the Traffic...

Duty to court! An advocate is entrusted with specific responsibilities while practicing law, encompassing obligations to the court, their clients, adversaries, fellow advocates, and society at large. Put together all these groups represent an advocate’s customer base. On this customer service week, we want to consider some of the duties an advocate owes to their clients who as has been demonstrated, are multifaceted. To start us off, we delve into an advocate’s duty towards the court. Sec...

The HIV and AIDS Tribunal of Kenya: Access to justice for HIV related Human Rights Kenya joined the world to mark the Worlds Aids Day by celebrating key milestone towards the fight against the scourge and stigma of HIV and AIDs. Although HIV and AIDS continues to devastate and entrench deeper inequalities in the society, it should not be lost to us as a country, that we have made great strides towards having persons living with HIV and AIDS access justice. In the quest to address violation...

Background A complaint was lodged with the Ethics and Anti-Corruption Commission (EACC) alleging a fictitious payment of Kshs. 280 Million into the Prof. Tom Ojienda, Sc T/A Prof. Tom Ojienda & Associates Advocates’ (Prof. Ojienda) advocate-client bank account by Mumias Sugar Company Limited. CMC Misc. Criminal Application No. 168 of 2015 Based on this allegation, EACC filed ex-parte CMC Misc. Criminal Application No. 168 of 2015 seeking warrants to investigate and inspect the said...

The Petitioners in this matter were charged with offences under the tax laws of Kenya at the Milimani Chief Magistrates Court. Dissatisfied with the decision of the magistrate’s court, they petitioned the Constitutional and Human Rights Division of the High Court. Their contention was that KRA levied charges against the Petitioners without the consent of the Directorate of Public Prosecutions (DPP). The key issue of contention that the charge sheet instituting the criminal charges ema...