Katiba at 13: Entrenching constitutionalism in corporations for capital and reputational good

– Background The corralling that succeeded the 4th of August 2010 referendum was a stark indication of the hopes Kenyans had in the shift in the country’s supreme law. The ecstatic roar in jubilation during the promulgation ceremony on 27th August 2010 mirrored the belief

Employee’s Right to Disconnect: Comparing Kenya’s proposal and the French perspective to inform possible lessons for corporates

Background Do we need a new labour law or improve on the existing one to capture the new realities? This remains the fundamental question in the minds of stakeholders against the backdrop of embracing information and communication technology (ICT) in the workplace. The advent, growth

Elusive gender rule: Another round of appointments and women numbers still below requirement

The question of when the two-thirds gender rule will be attained in Kenya might never be answered. Incumbent leaders keep making promises of changing this narrative but that does not culminate into reality. While in his campaign rallies, President William Ruto promised that he would

Customer inclusion is inevitable in tax administratio

By Grace Wandera Once again, the Kenya Revenue Authority (KRA) is planning to mark the month-long taxpayers’ celebrations in the traditional month of October. A look at this year’s theme “Leaving no one behind” provokes some interesting thoughts.  Given that the payment of taxes is

30th September 2022 County Round Up

MOMBASA The Governor has a formed a Taskforce on the State of Finances of the County Government of Mombasa. BUNGOMA The Speaker of the Senate has declared the seat of the member of the Senate for Bungoma County elected under Article 98 (1) (a) of

It’s time to think of amending the law on presidential petition timelines

The Supreme Court has the original jurisdiction to hear and determine any petition challenging the election of a president.  Article 140 of the Constitution of Kenya provides that any person may file a petition with the Supreme Court within seven days following the declaration of

Supreme Court’s Ruling on Sonko breathes new life to Chapter Six of the Constitution

The Supreme Court dealt a final blow to Mike Sonko’s stab at the Mombasa gubernatorial race when it dismissed his appeal concerning his impeachment from the office of the Governor of Nairobi City County. In the shortened version of its decision, the Supreme Court noted

Management of public land in Kenya and what the KU case reveals

There has been a push and pull between the government and the management of Kenyatta University after the university’s management failed to release title deeds for the track of land that the State wants subdivided for different purposes. The government’s plans on the 1,000-acre land

Healing the health system in Kenya: Health Service Commission headache

Deputy President William Ruto has promised health workers that he will set up a Health Service Commission if he succeeds in his ambitions for the presidency. A Health Service Commission would be a boon for health workers since unlike teachers and the police, they were

Sounding the alarm on irregular appointments to public boards in Kenya

The Employment and Labour Relations Court has recently quashed the appointment of board members of certain state corporations, citing a lack of transparency and competitiveness in the recruitment process. The latest casualties include the Kenya Medical Supplies Agency (KEMSA) and the Kenya Bureau of Standards

Integrity of Aspirants: Eyes on electoral commission after receiving report by EACC

The Ethics and Anti-Corruption Commission (EACC) on May 31, 2022, shared a report with the Independent Electoral and Boundaries Commission (IEBC) detailing the various moral, ethical, and  integrity concerns pertaining to aspirants seeking elective positions in the August 9, 2022 General Election.  Impact of Report

Which way forward Mr. President?

The country has been awash with analyses and sentiments over the advisory delivered by Chief Justice David Maraga on 21st September, 2020 with regards to the proposed dissolution of the Kenyan Parliament. The advisory to the President is anchored on Article 261 of the Constitution which provides for dissolution of Parliament in the event of its failure to pass the legislation required to implement the new Constitution.
Under Article 27(9) “the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of the elective or appointive bodies shall be of the same gender”. Thus the Constitution imposes this duty on the State as opposed to Parliament.

Maraga’s moment might be magic or muddle

Dissolving Parliament would mean going into by-elections in all 47 counties and 290 constituencies, which for a country coming out of the Covid-19 slowdown would be virtually unaffordable.