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Revisiting Article 24 proportionality in the context of adolescent criminal liability

Revisiting Article 24 proportionality in the context of adolescent criminal liability

Introduction The recent decision by the High Court of Kenya on consensual and non exploitative adolescent sex marks one of the most important constitutional…

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Can a Guarantor Be Sued Before the Borrower? Kenyan Courts Say Yes

Can a Guarantor Be Sued Before the Borrower? Kenyan Courts Say Yes

Introduction For decades, a quiet myth has comforted Kenyan company directors as they sign personal guarantees.

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When Information Is Freedom: Rethinking Justice from Inside Kenya’s Prisons

When Information Is Freedom: Rethinking Justice from Inside Kenya’s Prisons

Introduction Yesterday, we visited the Nairobi West Medium Prison. It was not just a courtesy visit for us, rather, it was a moment of truth.

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Power, Responsibility and the Law: Rethinking the United Kingdom’s Military Presence in Kenya

Power, Responsibility and the Law: Rethinking the United Kingdom’s Military Presence in Kenya

Introduction A report by the Kenyan parliament into the conduct of troops stationed at a British military base close to the town of Nanyuki in Kenya has…

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Cyber Harassment and Constitutional Freedoms: An Analysis of Section 27 of the Computer Misuse and Cybercrimes Act

Cyber Harassment and Constitutional Freedoms: An Analysis of Section 27 of the Computer Misuse and Cybercrimes Act

Introduction The Computer Misuse and Cybercrimes (Amendment) Act, 2025, was assented to on the fifteenth of October 2025 and is set to come into force on the…

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Jurisdictional Boundaries: The High Court’s Authority Under Article 165(3)(d) and Its Interaction with Supreme Court Decisions

Jurisdictional Boundaries: The High Court’s Authority Under Article 165(3)(d) and Its Interaction with Supreme Court Decisions

Abstract Article 165(3)(d) confers the High Court with the jurisdiction to hear any question respecting the interpretation of the constitution.

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Bridging the Gap Between Principle and Practice: A Case for Codifying the In Duplum Rule in Kenya’s Consumer Protection Act

Bridging the Gap Between Principle and Practice: A Case for Codifying the In Duplum Rule in Kenya’s Consumer Protection Act

Introduction Walk through any town in Kenya and you will see the story of debt written on people’s faces. A young man ferries passengers on his boda boda, but…

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Kenya's Running Pride is on the Line

Kenya's Running Pride is on the Line

A Feeling We All Know There is a feeling we all know well. It is that sudden burst of pride that swells in your chest when you see a Kenyan runner, our flag…

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Parliamentary Privilege, Defamation and the Right to Debate in Kenya

Parliamentary Privilege, Defamation and the Right to Debate in Kenya

Introduction The recent demand letter addressed to Senator Okiya Omtatah by the firm of Ahmednassir Abdullahi Advocates raises profound constitutional…

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You're Old Enough to Die for Your Country, Marry and Vote But Not to Drink? Why NACADA’s Proposal Misses the Mark

You're Old Enough to Die for Your Country, Marry and Vote But Not to Drink? Why NACADA’s Proposal Misses the Mark

Introduction There is something both strange and frustrating about the fact that an 18-year-old Kenyan can vote, get married, be tried in court as an adult…

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Plugging the Loopholes: Why Kenya’s War on Dirty Cash Still Falters

Plugging the Loopholes: Why Kenya’s War on Dirty Cash Still Falters

Plugging the Loopholes: Why Kenya’s War on Dirty Cash Still Falters Introduction Kenya likes to style itself as the financial heartbeat of East Africa.

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Why the Adversarial Legal System Fails Victims of Sexual Abuse: Lessons from the Alliance Girls Case

Why the Adversarial Legal System Fails Victims of Sexual Abuse: Lessons from the Alliance Girls Case

Introduction In theory, the adversarial legal system is meant to provide justice through a fair contest between two sides: the prosecution and the defense.

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Upholding the Best Interests of the Child: Why Kenya’s Supreme Court Got It Right in the Fatuma Athman Case

Upholding the Best Interests of the Child: Why Kenya’s Supreme Court Got It Right in the Fatuma Athman Case

Introduction Kenya’s Supreme Court has sent a powerful message: no child should be disinherited or stigmatized because of the marital choices of their parents.

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The Civility Myth: Unpacking the Truth About Gen Z Protests

The Civility Myth: Unpacking the Truth About Gen Z Protests

Introduction I am a Gen Z, 25 years old to be precise. The 2024 Finance Bill protest was the first time I ever joined a protest, the Wednesday Demos was my…

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The Promise and Pitfalls of Police Oversight in Kenya: Lessons from the Death of Albert Ojwang

The Promise and Pitfalls of Police Oversight in Kenya: Lessons from the Death of Albert Ojwang

IntroductionKenya’s commitment to accountable policing took legal shape in 2011 following the enactment of the Independent Policing Oversight Authority Act…

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How Parliament Quietly Protected the Constitution from a Dangerous Power Grab Over the Public Seal

How Parliament Quietly Protected the Constitution from a Dangerous Power Grab Over the Public Seal

Kenya’s Close Call with Constitutional Chaos: How Parliament Foiled a Silent Power Grab Over the Public Seal By Criticos Juma Introduction To most people, the…

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From Courtrooms to Communities: How Esheria is Changing Legal Access

From Courtrooms to Communities: How Esheria is Changing Legal Access

My name is Mary Opondo. I am currently undertaking my pupillage and eagerly awaiting my admission to the bar later this year.

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Enforcement of Trade-Related Aspects of Intellectual Property Rights in Kenya

Enforcement of Trade-Related Aspects of Intellectual Property Rights in Kenya

Introduction Intellectual Property Rights (IPRs) are vital for encouraging innovation, creativity, and economic progress.

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Handshake After Handshake: Is Kenya’s Democracy Just a Game of Thrones?

Handshake After Handshake: Is Kenya’s Democracy Just a Game of Thrones?

Introduction March 7th 2024 will remain plastered in the minds of Kenyans. This day was pinnacle in that it proved that the more things change the more they…

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ARE LEGAL ADVISORY OPINIONS BINDING? A COMPARATIVE ANALYSIS

ARE LEGAL ADVISORY OPINIONS BINDING? A COMPARATIVE ANALYSIS

INTRODUCTION Legal advisory opinions serve as crucial instruments in clarifying legal issues, interpreting statutes, and guiding decision-making processes.

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Criminalizing Voter Importation: The Missing Link to Electoral Integrity and Good Governance in Kenya

Criminalizing Voter Importation: The Missing Link to Electoral Integrity and Good Governance in Kenya

Introduction As the IEBC selection panel, led by Dr. Nelson Makanda, embarks on the search for a new Chairperson and commissioners, it is crucial to recognize…

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Supreme Court’s Ban on Ahmednasir Abdullahi: A Dangerous Precedent for Judicial Overreach and Legal Practice in Kenya

Supreme Court’s Ban on Ahmednasir Abdullahi: A Dangerous Precedent for Judicial Overreach and Legal Practice in Kenya

Introduction Last week, the Supreme Court of Kenya to hear a lawyer from Ahmednasir Abdullahi Advocates LLP, a firm owned by lawyer Ahmednasir Abdullahi.

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A Commentary on the High Court Decision in Kenya Human Rights Commission & Others v. Japhet Koome Nchebere [2024] KEHC 16607 (KLR)

A Commentary on the High Court Decision in Kenya Human Rights Commission & Others v. Japhet Koome Nchebere [2024] KEHC 16607 (KLR)

A Commentary on the High Court Decision in Kenya Human Rights Commission & Others v. Japhet Koome Nchebere [2024] KEHC 16607 (KLR) Introduction The High Court…

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DECRIMINALIZING ATTEMPTED SUICIDE: THE PRECEDENT SET BY CONSTITUTIONAL PETITION NO. E045 OF 2022

DECRIMINALIZING ATTEMPTED SUICIDE: THE PRECEDENT SET BY CONSTITUTIONAL PETITION NO. E045 OF 2022

Introduction Attempted suicide may be defined as an act in which an individual tries to kill themselves but survives.

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Judiciary reforms must be a top national priority in 2024

Judiciary reforms must be a top national priority in 2024

Introduction “The judiciary must build on that and continue a constant internal scrutiny,”reads the excerpt in an article published by the Daily Nation in…

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From Creativity to Chaos: The Boundaries of Free Expression in Kenya

From Creativity to Chaos: The Boundaries of Free Expression in Kenya

Introduction Recent events in Kenya have reignited debate over the boundaries of freedom of expression, particularly following the arrests cum abductions of…

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Shots of Trust: Navigating Law, Culture, and Misinformation in Kenya’s Vaccination Debate

Shots of Trust: Navigating Law, Culture, and Misinformation in Kenya’s Vaccination Debate

Introduction Kenya is currently grappling with a heated debate surrounding the government’s proposed nationwide livestock vaccination plan set to roll out in…

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Human Body and Tissue as Property: Time for Commercialization?

Human Body and Tissue as Property: Time for Commercialization?

Human Body and Tissue as Property: Time for Commercialization? Introduction The debate over whether human body parts should be regarded as property and…

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Cousin Relationships Non-Incestuous: The Implications of WOO v Republic (Criminal Appeal No. 81 OF 2015)

Cousin Relationships Non-Incestuous: The Implications of WOO v Republic (Criminal Appeal No. 81 OF 2015)

The concept of incest varies widely across different cultures and legal systems, often reflecting deep-seated social norms about family and relationships.

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Esheria Announces Strategic Partnership with the African Union to Empower Digital Civic Engagement Across Africa

Esheria Announces Strategic Partnership with the African Union to Empower Digital Civic Engagement Across Africa

October 29, 2024 Esheria is excited to announce a new partnership with the African Union (AU), a collaboration poised to enhance civic engagement and drive…

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The Sacred Role of Judicial Review: Guardians of Democracy and Fairness

The Sacred Role of Judicial Review: Guardians of Democracy and Fairness

Introduction Judicial review stands as a cornerstone of democratic governance, ensuring that administrative bodies and government entities adhere to the rule…

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Impeachment, Integrity, and the Constitution: Navigating the Fluid Separation of Powers in Kenya’s Governance

Impeachment, Integrity, and the Constitution: Navigating the Fluid Separation of Powers in Kenya’s Governance

Introduction Deputy President Rigathi Gachagua’s looming impeachment has dominated media discussions across Kenya for the past two weeks, igniting a fierce…

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CONTEMPT OF COURT: THE RISING IMPUNITY OF PUBLIC OFFICIALS

CONTEMPT OF COURT: THE RISING IMPUNITY OF PUBLIC OFFICIALS

What is contempt of court? It is defined as any conduct that defies the dignity of the court or interferes with the administration of justice.

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Sorry, Adani deal is a NO!

Sorry, Adani deal is a NO!

Introduction In democratic societies, governments are expected to serve the public interest, which includes addressing the needs, concerns, and aspirations of…

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Mediating Migration: The Role of ADR in Refugee and Migration Disputes in Kenya

Mediating Migration: The Role of ADR in Refugee and Migration Disputes in Kenya

Introduction Kenya has long been a significant destination for refugees and migrants, drawn to its relative stability in a region often marked by conflict and…

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International Criminal Law's Departure from State-Centric Norms of Public International Law

International Criminal Law's Departure from State-Centric Norms of Public International Law

Introductions The concept International Criminal Law (ICL) refers to the set of rules developed to deal with crimes that are considered particularly heinous…

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Partnership with Zero Street Foundation: Empowering Communities Through Access to Justice and Legal Information

Partnership with Zero Street Foundation: Empowering Communities Through Access to Justice and Legal Information

About Zero Street Foundation Zero Street Foundation, founded by Peter Ndiboe, is a non-profit organization dedicated to uplifting the marginalized communities…

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A Technical Deep Dive: Engineering the First Comprehensive Legal Corpus for Kenya

A Technical Deep Dive: Engineering the First Comprehensive Legal Corpus for Kenya

The Esheria LexChat Kenyan Legal Corpus represents a groundbreaking advancement in the field of legal artificial intelligence (AI) within the African context.

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Sexual Violence in War: The Ongoing Challenge of Prosecuting Rape Under International Humanitarian Law

Sexual Violence in War: The Ongoing Challenge of Prosecuting Rape Under International Humanitarian Law

Introduction Rape allegations in war-torn countries like Syria, Sudan (Darfur conflict), Somalia, Ethiopia, and the ongoing Israel-Palestine conflict have…

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THE WRIT OF HABEAS CORPUS

THE WRIT OF HABEAS CORPUS

Habeas corpus has been described as the greatest guarantee of human freedom ever devised by man. This is because without habeas corpus, other rights and…

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Analyzing President’s refusal of Finance Bill and its impact on popular sovereignty.

Analyzing President’s refusal of Finance Bill and its impact on popular sovereignty.

Introduction On June 25, 2024, the National Assembly voted to pass the Finance Bill 2024. Kenyans watched as their leaders seemingly ignored their voices.

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Popular Sovereignty vs. Party Politics: Who Really Holds the Power?

Popular Sovereignty vs. Party Politics: Who Really Holds the Power?

Introduction Yesterday, the Members of the National Assembly resoundingly voted for the finance bill 2024 to be read for the second time.

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Eminent Domain vs. Private Land Ownership: Constitutional Property Rights in Kenya"

Eminent Domain vs. Private Land Ownership: Constitutional Property Rights in Kenya"

Introduction The system of private land ownership in Kenya is based on the Australian Torren system named after Sir Richard Torrens, who conveyed it to South…

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TOO MUCH POWER CORRUPTS: THE CASE OF THE ODPP

TOO MUCH POWER CORRUPTS: THE CASE OF THE ODPP

Introduction The Office of the Directorate of Public Prosecution (ODPP) which derives its mandate from Article 157 (6) of the Constitution is the National…

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THE RIGHT TO BE FORGOTTEN

THE RIGHT TO BE FORGOTTEN

Data protection and regulation is a fairly recent matter in Kenya. Before 2019, people (both natural and juristic), public authorities, agents and other…

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The doctrine of Eminent Domain Powers of the sovereign state to compulsorily acquire private land is an affront to the concept of private ownership of land in Kenya

The doctrine of Eminent Domain Powers of the sovereign state to compulsorily acquire private land is an affront to the concept of private ownership of land in Kenya

The doctrine of Eminent Domain Powers of the sovereign state to compulsorily acquire private land is an affront to the concept of private ownership of land in…

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Maximizing the esheria lexchat for Your Benefit: Practical Examples for Kenyan Legal Practitioners

Maximizing the esheria lexchat for Your Benefit: Practical Examples for Kenyan Legal Practitioners

Maximizing the esheria lexchat for Your Benefit: Practical Examples for Kenyan Legal Practitioners The legal landscape is consistently evolving, and staying…

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THE PRINCIPLE OF LEGITIMATE EXPECTATIONS IN KENYAN LAW; SAFEGUARDING ADMINISTRATIVE FAIRNESS.

THE PRINCIPLE OF LEGITIMATE EXPECTATIONS IN KENYAN LAW; SAFEGUARDING ADMINISTRATIVE FAIRNESS.

All governmental bodies are mandated to offer various services to the people. In carrying out these functions, the public authorities may be required to…

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Esheria Lexchat Joins Microsoft Founders Hub: Empowering Legal Access Through Innovation

Esheria Lexchat Joins Microsoft Founders Hub: Empowering Legal Access Through Innovation

In an era defined by rapid technological advancements, strategic collaborations often herald groundbreaking achievements.

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APPRECIATING THE LAW OF TRUSTS IN KENYA

APPRECIATING THE LAW OF TRUSTS IN KENYA

Whereas in lay the term Trust connotes a firm belief, faith, or confidence in the reliability, truth or ability of someone or something, in law it is simply a…

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IS MODERN FEMINISM RUINING MARRIAGE

IS MODERN FEMINISM RUINING MARRIAGE

Introduction It seems that these days, whatever your gender, when asked if you are a feminist, your answer can only be damning.

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Navigating the Legal Maze: Gig Workers' Rights in Occupational Health and Safety

Navigating the Legal Maze: Gig Workers' Rights in Occupational Health and Safety

Navigating the Legal Maze: Gig Workers' Rights in Occupational Health and Safety Introduction Health is a universally cherished aspect of human existence that…

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THE RIGHTS OF SPOUSES UNDER CONVERSION OF MARRIAGES

THE RIGHTS OF SPOUSES UNDER CONVERSION OF MARRIAGES

THE RIGHTS OF SPOUSES UNDER CONVERSION OF MARRIAGES By: Leency Awino Ogutu Abstract The conversion of a potentially polygamous marriage into a monogamous one…

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LIMITATIONS ON CONSTITUTIONAL AMENDMENT IN EXTREME CONDITIONS: THE KENYAN CASE

LIMITATIONS ON CONSTITUTIONAL AMENDMENT IN EXTREME CONDITIONS: THE KENYAN CASE

Limitation on Constitutional Amendments in extreme conditions: The Kenyan case Abstract A closer examination of Kenya’s constitution reveals that the…

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Ensuring Banking Integrity: Legal Safeguards under the Banking Act for Timely Customer Deposit Repayment

Ensuring Banking Integrity: Legal Safeguards under the Banking Act for Timely Customer Deposit Repayment

Ensuring Banking Integrity: Legal Safeguards under the Banking Act for Timely Customer Deposit Repayment The Banking Act (Cap 488) of Kenya serves as a robust…

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LSK A BULWARK AGAINST INCREASINGLY ROGUE EXECUTIVE

LSK A BULWARK AGAINST INCREASINGLY ROGUE EXECUTIVE

In a properly functioning democratic system of government, the principle of judicial independence is everything.

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THE RUSSIA-UKRAINE CONFLICT AND INTERNATIONAL LAW

THE RUSSIA-UKRAINE CONFLICT AND INTERNATIONAL LAW

THE RUSSIA-UKRAINE CONFLICT AND INTERNATIONAL LAW Abstract This crisis calls into question the coherence and stability of international law both as a language…

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Unearthing Suo Motu Jurisdiction in Environmental Protection in Kenya

Unearthing Suo Motu Jurisdiction in Environmental Protection in Kenya

Introduction It is argued that there are various ways in which a country may achieve good environmental management, and that the avenue of law and…

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Safeguarding Children In The Digital Epoch: Curtailing Sexual Misinformation Through Mandatory Comprehensive Sexuality Education

Safeguarding Children In The Digital Epoch: Curtailing Sexual Misinformation Through Mandatory Comprehensive Sexuality Education

Abstract The digital environment is increasingly becoming an integral part of children’s lives as it serves various purposes including education and…

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Navigating Kenya’s Digital Superhighway and the Creative Economy

Navigating Kenya’s Digital Superhighway and the Creative Economy

Introduction In recent years, Kenya’s digital landscape has witnessed a remarkable transformation propelling the nation into Africa’s silicon savannah.

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A Landmark Decision Upholding the Best Interests of the Child: The Supreme Court's Decision in MAK v RMAA & 4 others [2023] eKLR

A Landmark Decision Upholding the Best Interests of the Child: The Supreme Court's Decision in MAK v RMAA & 4 others [2023] eKLR

In a significant decision that reverberates throughout Kenya's legal landscape, the Supreme Court delivered a momentous decision, providing essential…

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The Fight for LGBTQ Community

The Fight for LGBTQ Community

The Supreme Court ruled in favour of the Lesbian, Gay, Bisexual, Transgender and Queer persons in their quest to officially register as a Non-Governmental…

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