Posts by Joshua Kimani
Presidential Immunity in Kenya: A Legal Analysis of Petition No. E514 of 2023
Introduction The doctrine of presidential immunity stands as a formidable shield, protecting the highest office in Kenya from civil litigation while in power. However, its application often raises intricate legal and constitutional questions, as exemplified in the recent High Court case of Stella Nekesa Omtatah v. President of the Republic of Kenya, Petition No. E514…
Read MoreHigh Court Upholds Senate’s Impeachment of Meru Governor: A Landmark Ruling on Judicial Oversight, Sub Judice, and Fair Hearing in Kenya’s Devolved Governance
In this pivotal ruling, the High Court of Kenya at Nairobi dismissed a petition by Hon. Kawira Mwangaza, the former Governor of Meru County, challenging her impeachment by the Senate on 21 August 2024.
Read MoreHigh Court of Kenya Declares Mandatory Death Sentence for Robbery with Violence Unconstitutional
On 24th February 2025, the High Court of Kenya sitting in Vihiga issued a landmark judgment in Constitutional Petitions No. E002 and No. E003 of 2024. The case centered on the constitutionality of the mandatory death sentence imposed on individuals convicted of robbery with violence and attempted robbery with violence under Sections 295(1), 296(2), and…
Read MoreMemoirs of Gen-Z Protests: A Deep Dive into the Legal and Governance Impact in Kenya
In recent years, Kenya has witnessed a unique form of youth activism led by Generation Z (Gen-Z). Characterized by a blend of physical demonstrations and digital mobilization, these protests have brought about unprecedented pressure on the government, challenging the existing legal regime and governance structures. This article explores the origins, causes, impact, and the future…
Read MoreTHE ROLE OF NON-STATE ACTORS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
What are non-state actors? Non-state actors as defined by the Oxford Dictionary are individuals or organizations that have significant political influence but are not allied to any particular country or state. This drops down to the various ever sprouting NGO’s and international organizations and the various corporate organizations. The Preamble of the Universal Declaration of…
Read MoreConstitutional Chaos: The Clash Between Freedom of Expression and Political Authority.
A screengrab of Bomet County Commissioner Ahmed Omar addressing the press on March 19, 2024. In a recent crackdown by the government following disruptive incidents at political events, the arrest of two individuals in Bomet has sparked controversy over the limits of free speech and assembly. The incident, which occurred during a presidential function, has…
Read MoreStrategic Funding and Multisectoral Engagement for Achieving Universal Water Access: A Legal Brief of Kenya’s Imperatives by 2030
Water and Sanitation Principal Secretary (PS) Julius Korir speaking in Nairobi during the Water and Sanitation Investors Conference 2024. PHOTO/COURTESY: X/@MOWSI_KE In the pursuit of ensuring universal access to clean water by 2030, the Kenyan government faces a substantial financial challenge. The estimations set forth by Water and Sanitation Principal Secretary (PS) Julius Korir underscore…
Read MoreValentine’s Day and the Legal Side of Love: A Guide for Kenyan Couples
Valentine’s Day, celebrated on the 14th of February, is a cherished occasion for couples to reaffirm their love and commitment to each other. It’s a time when partners strive to strengthen their bond and nurture their relationship. However, beyond the flowers and chocolates, romantic gestures, and heartfelt declarations, it’s crucial for couples in Kenya to…
Read MorePLACING HOPE ON ADR: ASSESING THE POTENTIAL OF ALTERNATIVE DISPUTE RESOLUTION IN ENHANCING ACCESS TO JUSTICE IN KENYA
Abstract: This article explores the burgeoning reliance on Alternative Dispute Resolution (ADR) mechanisms in Kenya to address the numerous challenges afflicting the formal justice system. The article delves into the constitutional provisions and statutory frameworks that support ADR and Traditional Dispute Resolution Mechanisms (TDRM) as well as the problems plaguing the formal justice system. It…
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