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We are The Kenya Law!

OUR NEW IDENTITY, CRAFTED TO PERFECTION.


ALSO INSIDE: Gay Rights Are Not Human Rights Could Mutual Be a Threat to Kalonzo Musyokas Political 1 | PAlfred age Celebrating Kenya at 50 Career? The Constitution: Today for Tomorrow

better. With Kenya at 50 it has come time that Legal information became Public knowledge. The downside of success achieved is, amongst other things, that the pessimists will always be there to point the wrongs, the undone, but all in all we do also need the pessimistic views in the society to make progress: for the optimists invented the plane, the pessimists invented the parachute to keep check, they cohabit. So goes with Kenya @ 50, or Sick @ 50; whichever your view is, one important thing to always remember is if you'd spend as much to time on your positives as you do on your negatives, then you'd make great progress and achievements overtime; lets keep an open mind. Blessed is this season which engages the whole world in a conspiracy of Love. Happy Holidays Henceforth.

KENYA @ 50
In regards to the year 2013, Democracy clearly is the freedom of the heart; and not the sun. This year has seen one of the greatest and most talked about case; The Election Petition; even to opportune the public "discovery" of one Madam Kethi D. Kilonzo, and the phrase "Amicus Curiae" which loosely means "Friend of the court, thanks to the Attorney General Githu Muigai. The downside however came on the complexity surrounding the ruling given out, uncomprehendable to the Kenyan Citizens; this is where the National Council for Law Reporting came in to save the situation by unveiling the 'Mwananchi Friendly version', couldnt get any REGARDS,

Michael
Michael Opondo O. opondomichael1@gmail.com; Managing Editor, KENYAN LEGAL www.kenyanlegal.com

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Celebrating Kenya at 50

CONTRIBUTORS
Lujain Abbas, Riara School of Law Tillen Okoth, K.U.S.O.L Alphonce Ogwel, Riara School of Law Carol Chepkoech, Strathmore School of Law Samuel Onyango, Riara School of Law Barbara Wambui,K.U.S.O.L Otieno Arnold O., K.U.S.O.L Michael Opondo O., K.U.S.O.L Cover photo by: Kenya Law Reports. taken in July 2013. www.kenyalaw.org National Council For Law Reporting

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Celebrating Kenya at 50

Whilst every effort has been made to ensure the accuracy of the information in this magazine, the authors, publisher and editor accepts no responsibility for any loss, financial or otherwise by any person using this publication. Copyright 2014 by Kenyan Legal All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed Attention: Permissions Coordinator, at the address mail@kenyanlegal.com or kenyanlegal@gmail.com Copyright protected by:

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Celebrating Kenya at 50

INSIDE THIS ISSUE


Letter To The President, Deputy President .................................................................... 7 Women Towards In The Struggle For Liberation In Kenya ............................................ 11 The Illegitimate County Boss. ...................................................................................... 12 The Constitution: Today For Tomorrow ................................................................... 14

Gay Rights Are Not Human Rights ............................................................................... 15 Could Alfred Mutual Be A Threat To Kalonzo Musyokas Political Career? ................... 16 Main Feature .............................................................................................................. 18 Welcome To The Kenya Law Experience .................................................................. 20 A Look At The Criminal Justice System ........................................................................ 22 The Law Is Vague:But.................................................................................................. 23 Judicial, Legislative, And Executive Wisdom ................................................................ 24 Enhancing Access To Public Legal Information ............................................................. 26 Judiciary Watch .......................................................................................................... 26 Courtesy: Www.Kenyanlaw.Org ................................................................................. 26 What Is University? .................................................................................................... 32 The Guza Youth Foundation ........................................................................................ 35 Walk Tall: Mwanaume Ni Effort ............................................................................... 39 Who Am I? ................................................................................................................. 41 The Publication Team ................................................................................................. 43

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Review and debate section

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LETTER TO THE PRESIDENT, DEPUTY PRESIDENT

By Samuel Onyango, samuel.onyango@riarauniversity.ac.ke Mr. President and Mr. Deputy President, Greetings. I understand the title given to people of your stature is Your Excellency. If this disappoints you, forgive me; I hate to use the title and will not use it; it sounds colonial and belittling to the commons. It places us in two different worlds, you know. I know you read and hear things of the kind in this letter, and you are probably bored of them; I do not blame you; we citizens always have complaints and we always fault you for any decisions you make. I understand this is called democracy which often times is a big headache to leaders, for you cannot please everyone. Leadership is hard. I remember King David and his troubles as king. I remember Moses and his troubles and struggles with the indolent Israelites. My favourite movie depicts Prophet 7|Page

Samuel on his deathbed telling Nathan the prophet, Help David; the Lord makes it hard to be king. Now leading with a coalition is even harder; there all sorts of people in the mix the Duales, the Keters, etc. etc. and then there are the both of you and your interests, individual and collective. Oh my, then there are Governors who are new to the post and already want to fly flags and have people call them your excellency, and they are always in fights with you not to mention that you are in the same coalition with many of them. Kenya is one big mess; though I will credit you for one thing and discredit you for another. Credit: You have been strong and have asserted your authority; at least we want to see that in the duo leading our nation strength. Discredit: You care more about the political problems in your backgrounds than your discharge of duties that it has actually affected our offices.

Celebrating Kenya at 50

I understand that it is the UhuRuto amalgam that gave you those votes that put you into office, but sirs, give us a break! Like that thing you guys went to do in Rift Valley the other day, it was not cool at all! When you run to Rift Valley so fast after people start grumbling there it shows that you are in fact just regionalists and political minded. Your initial message was good, very good; that you are in charge and that the other elected leaders should focus on developing their regions and not disrupt national business. But the other message pinched me when you guys started talking about sharing of the national cake between TNA and URP. When you sit on this side of the television you will know how that sounds that government is an affair of sole benefit of two parties. The surprising thing is that many of your cohorts declare it so publicly. It just sounds bad. Kenya is divided enough, unite it. If the politicians around you are the problem then talk them out of the nonsense, and if they persist, simply ignore them and do your job. If the problem is the both of you, sort it out sirs. I must say your leadership style impresses me; your personal approach towards matters is the best kind of leadership Kenya has had so far. I love it. I hope to president of Kenya not too long from now, and I could borrow a leaf or two from you. I love also how you have made the presidency a joint venture between the President and the Deputy President, cool. The longer you stay together, the less the distance and quarrels between youthe better for you, and trust me with that if there were elections any day you would win. Mr President, I read in the Standard of 25th December 2013 that your Chief of Staff Mr. Kinyua had issued a certain directive to Cabinet Secretaries that they should not appoint any persons to the boards and leadership of parastatals till further notice. I understand that the strategy is to transfer all such power to a completely independent entity. Good move! That will stop the glamour and corruption in ministries where Cabinet Secretaries themselves appoint people of their choice to key positions in parastatals and will promote corporate governance standards in 8|Page

government. Certainly there will be political noise from both Jubilee and the opposition, but hey keep going this is where we want our country to tread. Do things of this kind. We have many weak points: national security, corruption, high cost of living, the ICC mess, etc. etc. I have a lot to say concerning them but that is for when we meet. You have started many ambitious initiatives, many of which are good for our country. I do not see why your administration should not do well by the end of your tenure just keep going technocratic. Mr President, you have a very intelligent deputy the guy has brains; work with him. Think with him. Dream with him, and drive the country forwardtogether. Now, back to politics. For the sake of propriety just dont say things like you expect your coalition to rule the country for 20 years. Surely even I, a friend of yours, would tell you an outright NO. Maybe you believe it, Mr. President, but even so it is better kept to yourself. Just think and do development all through, and maybe you will be that president Kenyans have desired since independence. You have an edge over the opposition you have the government. Use it positively. You have the so-called tyranny of numbers in Parliament. Instead of the perpetual noise they make in that aggrandized house whip them to come up with bills that will actually help the struggling county governments and the hungering Kenyans, and to make more meaningful debates. Make your tenure unassailable. Forget politics for now. Oh, as for the opposition; I voted for and with them on March 4th but honestly I think those guys should style up; they have become rather oldfashioned and disorganized and clueless. I still like them though for political reasons. I hope you always think of the hungering and the poorwhenever you are in that white mansion. Over 40 million heads are under you. Such thoughts make a president more humane; I understand how being in that house can turn one into something else. I wish you well Mr. President and Mr. Deputy President. I love my country, I hope you do too.

Celebrating Kenya at 50

Samuel Onyango is a Second Year Law student at Riara University and Kenyan Legals

Branch Co-ordinator Riara School of Law.

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MARRIAGEBILL AND MY INTERPRETATION


fact that there were more males than females in parliament during that debate was unfair to the female populace since the bill had no chance of being overturned. But all in all, with FIDA challenging the constitutionality of the bill, I am hopeful that our courts shall give justice where due. On matters gay, the constitution in its entire self does not mention anything about this special union. The marriage bill also takes the same course as it defines marriage as a voluntary union between a man and a woman. According to our penal code, cap 63 of the laws of Kenya, it states that intercourse between men is a criminal offence. Socially speaking, the sole purpose of marriage is pro-creation and this has been the norm since time in memorial. I am not in any way attacking the gay community in Kenya which is a growing one, all am trying to say is, the laws of Kenya do not recognize this union but it is under the legislatures discretion to rewrite this bill and provide room for this union.

By Lujain Abbas, lujain.abbas@riarauniversity.ac.ke he first time I heard about this controversial bill was in school when a friend of my walks in class up in arms with a newspaper in her hand screaming how the members of parliament are going all ultra vires. So then I read the article and I notice that, the members of parliament were actually of the notion that, if a lady should walk out of the marriage, she leaves with nothing but half the debt of her spouse. According to our constitution specifically article 45, it states that the parties to a marriage are equal before the marriage, during and at the dissolution of the marriage. Not only does the constitution provide this provision but also the same bill on marriage that they are debating about under section 3 (2). Which then raises my eyebrows, do our honorable members of parliament convene in parliament just to pass laws as their routine without consideration of the aftermath of their decisions? This is by so a chauvinistic way of looking at things. The very

Lujain Abbas is a First year Law student at Riara University. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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WOMEN TOWARDS IN THE STRUGGLE FOR LIBERATION IN KENYA


recruited the women forcefully to perform hard labor work with meager or even no wages. Women would hide the men fighters in their houses. This way the men fighters could stay safe in their hideouts. This mostly happened in times when a Mau Mau fighter would get injured in the battle field and would be brought to the villages to nurse the wounds without the knowledge of the British soldiers. Most women made savings from the meager wages they got and managed to send their children to school. The children would get empowered through acquisition of education and would later assist in the struggle for liberation and empowering their fellow community members. Women in many ways than one played a big role in the struggle for liberation in Kenya. As Kenya clocks 50 years since it acquired independence, we should all take time to reflect and appreciate the efforts of every individual who participated in the struggle including the women. It is however important to note that women in Kenya have continued to be empowered and given opportunities through the years. Article 27 of the Constitution provides for the equality of men and women in all spheres of life. This way women continued to be empowered. Article 104 of the Constitution goes ahead to provide that not more than two-thirds of the members of elective bodies shall be of the same gender being another boost to the women in Kenya. Kenya as a country is mindful of the female gender which is the pillar in any given society. Hongera Kenya for this great achievement. Elizabeth Wambiri is a Second Year Law student at Kenyatta University. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

By Elizabeth Wambiri, shirowambiri@gmail.com omen are unsung heroines in the fight for independence. Most at times it is seen that only men Mau Mau fighters participated in the fight for independence. It is important to note that women too played a great and substantial role in the struggle for liberation in Kenya. The women played a pivotal role in the struggle for liberation in the colonial times. Women would prepare food meals for the men who hid in the caves and forests during war. Women would then deliver the food especially during the dusk hours so that the British personnel deployed in the country could not get suspicious. Women would also spy on what the British were up to and tell the men who would then be in a better position to plan their attacking strategies. Women were not cowered by the tough fight and braced themselves with courage during the fight. Other women mustered courage and joined the men in the battle field and fought along the men. Women were exposed to grievous atrocities. Since most of the able bodied men were away in the battle field the women who were fragile were left in the villages by themselves. The British soldiers would take of the vulnerable situation that the women were in and would violate them sexually by raping them. The British soldiers also 11 | P a g e

Celebrating Kenya at 50

THE ILLEGITIMATE COUNTY BOSS.


By Alphonce Barrack Ogwel, alphonce.ogwel@riarauniversity.ac.ke; alphoncebarrack@gmail.com he New constitution of Kenya 2010 was welcomed by Kenyans with a lot of expectations especially in terms of significant changes expected in the Democratic space of Kenya. Article 1 (1) of the new constitution 2010 states All sovereign powers belong to the people of Kenya and shall be exercised only in accordance with this Constitution. This manifests that the new constitution is more legitimate, as it implicates that sovereignty is derived from the people, as compared to the Lancaster house conference constitution, which was imposed on us as a condition for independence. As a result the Kenyans from all walks of life accepted the new constitution with a lot of zeal and consequently ignored the other side of the bridge, which in this case is the short falls of our legitimate constitution. It is my view that we face the reality the way it appears, regardless of how harsh it may be. Our constitutions fall short in some areas that appear to be vital for the daily running of the Nation. Article 180 (6) of the new constitution 2010 clearly states that; The Electoral and Boundaries Commission shall not conduct a separate election for the Deputy Governor, but shall declare the candidate nominated by the person who is elected as deputy governor. In this sense the Deputy Governor is considered elected by the people. A legitimized leader is one who seeks the consent of the electorate and gets elected by the people, in what John Locke, a social contract theorist, engineers to be a social contract between the ruled and the ruler. According to John Locke, a social contract is an agreement between the governed the government, defining 12 | P a g e

and limiting the rights and duties of each other and thus this contract exist between two parties and not more. And therefore through this, it is clear for a reasonable person with a reasonable mind, to conclude that legitimacy of leadership in our country is derived from the people, since our new constitution 2010 appreciated and embraced John Lockes social contracts theory as seen in Article 1 (1), (2) of our new constitution promulgated in August 2010. In the case of how the deputy governor finds him/herself in office, the social contract involves three parties, contrary to John Lockes view of formation of a social contract. The governor makes a choice for the people for whom to make a social contract with in the name of a deputy governor. This denies the people a right to elect a deputy governor of their own choice. The question one might be tempted to ask himself is, Is the office of a deputy governor legitimate office? Article 1 (2) of the same legitimate constitution states that the people may exercise their sovereign power either directly or through democratically elected representatives. First, exercising sovereign power directly here means,

direct democracy where every individual participate in decision making as propounded by

Jean Jacques Rousseau another social contract theorist. This is still opposed to the criteria of letting our deputy governors in office. Secondly, through democratically elected representatives, has a meaning of participating in an election to have a representative to represent individuals or a group of people in a given locality, at the national governing body of the state. This too, is contrary to the procedure used to let our governors in office. The Question here then is Is the criteria used to have deputy

Celebrating Kenya at 50

governors in office appealing? And if not, why impose leadership on the people? Secondly still touching on the legality of the deputy governor in office, consider the nullification of the elections of a county governor, a scenario that happened at Siaya County when the election of Cornel Rasanga as the Siaya County governor was nullified. The provision is that when such scenario happens the County governor must leave the office for a re-election to be done as his deputy remains in office. This too sounds irrational to the ears of legal practioners, teacher or even the common mwananchi, Pursuant to Article 180 (6) the deputy governor is considered to have been elected with the Governor using one vote per voter. So in the event that the election of the Governor is nullified on grounds of election malpractices, then the deputy governors elections should be nullified since they all found their way to their offices using one vote from each individual who voted them in.

Surprisingly, the scenario is exactly the opposite, the deputy governor remains in office once the election of the governor is nullified a move which sees his deputy remains in office illegitimately. Lastly as much as we may celebrate of having a new and a good constitution, we have a duty to have our legal spectacles on, as we face these kinds of bitter realities that are encompassed in our constitution. Alphonce Barrack Ogwel is First Year Law student at Riara University. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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THE CONSTITUTION: TODAY TOMORROW

FOR

By Samuel Onyango, samuel.onyango@riarauniversity.ac.ke


etting a new and better Constitution is a responsibility we celebrate today of having achieved, and Kenya literally breathed a sigh of relief after this great accomplishment. Immediately thereafter we were (and are still) confounded by the glamour of the features of the new Constitution that we almost forsook the greater task of implementation, and were caught unaware by the challenges that immediately followed the beginning of implementation. New positions brought with them new dynamics; National Assembly vs. Senate, Parliament vs. SRC, County Governments vs. National Government, JSC vs. Chief Registrar of the Judiciary, Parliament vs. Judiciarythe list is endless. This is not to say that such were unnatural; on the contrary they were (and are) natural and very necessary; they are tokens of the aliveness of our democratic society, and real challenges flowing from a change in dispensation; they were bound to be. The important question is what we gathered (and are gathering) from them. The advent of a new Constitution is not a guarantee of a better country. A new Constitution may be better in provisions and structure but not necessarily in effect. The Constitution is not self-executing; a better constitution is the way it is read and practiced better. The state of Kenya in future times depends on the meaning we give the Constitution, its 14 | P a g e

principles, purposes and values today. This is not the work of the Transition Authority solely, or of CIC only or of the courts and Parliament, neither is it for the President entirely. The way we respond to the evils in constitutional offices will permanently be so; our conduct today is what will be read in the Constitution tomorrow; no wonder Chapter 6 of the Constitution is not as effective as was desired to be; it has been watered down my the minds that are accustomed to the old way thinking. The values that voters consider when voting will be read in the Constitution even by the courts; the principles we demonstrate and promote in every profession will be enforced, what the Supreme Court decides today will be law henceforth.such are the little things that will determine our future and realization of our goals. We are therefore called upon to engage in debates, practices and responses all that will develop into a culture, and will determine the way we want our Constitution to be read in the future; a Constitution is the mirror of a culture of a society at any given time. What is important is not whether we have a new Constitution, but why we have it. Whether this Constitution is better, and whether we will benefit from it depends on the way we treat ourselves and the expectations we set in it and its features, not to forget what we as individuals are doing to realize those expectations. Samuel Onyango is a Second Year Law student at Riara University and Kenyan Legals Branch Co-ordinator Riara School of Law. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

Celebrating Kenya at 50

Legal Discourse
With Michael Opondo O.

GAY RIGHTS ARE NOT HUMAN RIGHTS


President Barrack Obama in his second inaugural address January 2013 associated the struggle for gay equality with that for racial equality; going on to proclaim: Our journey is not complete until our gay brothers and sisters are treated like anyone else under the Law-for if we are truly created equal, then surely for the love we commit to one another must be equal as well. Yet of course Commit in this case meant Gay marriage. He is not however to stand alone in such support as Hillary Rodham Clinton, in her address before the U.N on December 6th 2011 stated: Some (people) have suggested that gay rights and human rights are separate and distinct; but, in fact, they are one and the same Well said. Human rights have a characteristic of being universal, inalienable, and aimed at preserving human dignity, and by extension, social justice, which not only touches on equality of persons but also maintaining the moral standards of the society. It is however understood that morality is not standard, but relative, that is, what is moral to me may not be moral to you and vice versa, but one thing that remains constant is that morality is intact in every society, has to be there, bringing in thus the need to sustain it; as Law serves man. Therefore with that understanding, its clear that the moral standards of one society differs with the next as for example one society will allow prostitution, the other one will not; one will punish robbery with death while the other by imprisonment, and it so goes; but when it comes to human rights, they are universal and inalienable, that is, right to life is observed round the globe; at least on the face of it, but are Gay rights Universal? NO, is everybody Gay thus the right inalienable? NO; so it fails to be a human right. Unlike special rights, human rights do not evolve or change with time for as of the beginning of time, all people shared a common humanity and that needed protection so necessitating the Universal Declaration of Human Rights over 60 years ago. Special rights came in to protect emerging groups of persons where it was necessary and universally agreeable, mark universal, such as persons with disabilities and marginalized groups and that needs no debate, it was necessary and it doesnt question morality at any point, otherwise, if any emerging group of persons were special and morality is not to be taken into account then special rights should also be conferred to cannibals, pedophiles, rapists, serial killers, thieves, hard drug addicts and such because, lets face it, they are emerging and their numbers are increasing by day, arent they special? So this is my legal discourse, whats your course of thought Michael Opondo O. Is a Second Year Law Student at Kenyatta University, Parklands Campus, and managing editor of The Kenyan Legal Magazine. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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Power play
Power, politics & governance
With Arnold Odiembo

COULD ALFRED MUTUAL BE A THREAT TO KALONZO MUSYOKAS POLITICAL CAREER?


At times in life what we consider so vital and what we may claim absolute possession to may be snatched away from us when we think its that point in life when we need it so much. This has a number of times been showcased in the political field. Politics has often been termed as a dirty game but I term it as a game never to ascertain surety on. One must always be ready to face both sides of the coin. Politics may meet an individual at his strongest or may throw its stinking towels onto ones face. Alfred Mutua was recently pushed against the face and ridiculed by one Machakos senator Johnston Muthama. He in fact was termed to be a political novice. If I was Johnston Muthama I would take back my words because from the look of things he is a figure to watch in future politics. Carl max described a 16 | P a g e peoples leader to be one whose slightest opinion by just a mere world to be able to change the mind set of how the people he or she leads think. This has been showcased by Alfred Mutua. A number of weeks go counted when a large number people or rather term it as a political wave pushing forth for Bungoma politics where a by-election was to be conducted that would involve Hon Moses Wetangula most considering a Hercules in the western politics. Most did not put much interest in the by election that . was to be conducted in Machakos county. It is evident that CORD as a team showcased effort in a rather different way by spending money and believing that the region was its stronghold. Many rallies held with the general push that the Ukambani people would be

At times the sun doesnt rise from the east to all of us. The point it rises from only depends on the position we are in when it rises

Celebrating Kenya at 50

swayed by the fact that CORD was the political party they are known to. When Alfred Mutua uttered some verbatim, things all gave themselves a twisted shift. I prefer Oliver Nzeki of Chama Cha Mapinduzi to the candidate being pushed by my own political party (Francis Ngunga). Some may claim that Francis loss was due to lack of adequate campaigns. No,this is not the case. Maybe CORD did not campaign as a block as they always do when it comes to by-elections but trust me or not Kalonzo worked his sweat out. A belief has always been thatKalonzo Musyoka is the key to Ukambani region politics. I think things have just changed. Alfred Mutua showcased that he has an influence in the region as Mr. Oliver beat the expected victor pants down and all were surprised. At times that is what politics does.

This may have hit Kalonzo by surprise but there is a Swahili saying ukiona mwenzako anyolewa kichwa, chako kitie maji. This is to say that all other political figures with the fixed mentality that the way Kenyans think political is the same old way, it may land to them as a falling rock. POLITICS IS EVOLVING IN KENYA POLITICIANS BE AWARE, YOU MAY BE NEXT Arnold Odiembo is a Second Year Law student at Kenyatta University and Communications Director Kenyan Legal. otienoarnold@kenyanlegal.com To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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Main feature
Milimani Commercial Courts Building, Ground Floor P.O Box 10443 - 00100, Nairobi Kenya. Landline:020 271 276 7 Safaricom:+254 718 799 464 Airtel:+254 736 863 309 Telkom Wireless:020 - 262 722 8 www.kenyalaw.org

Briefed By: Michael Opondo O. opondomichael1@gmail.com Source: www.kenyalaw.org

ny Kenyan Law student will affirm to you that one of the hardest parts of the course is the case Law search and understanding and subsequently Legal writing but if only all cases in Common Law were reported the "Kenya Law Reports" way that clearly departs from the complexity and Jargon of Law, as even seen in their 'Mwananchi friendly version' of the 2013 Presidential petition, to bring about familiarity and understanding to its reader audience, then the Law course would be a load less heavier. The National Council for Law Reporting(NCLR) better know by its brand name 'Kenya Law Reports' is a semiautonomous state corporation, that is, half limited in its mandate, functions and powers by its parent institution being the Judiciary. So far going by performance of its mandate, the NCLR is by fact one of the best performing state corporations as in consideration of the values and principles of public service which binds all state organs and corporations as per article 232 of the Constitution; NCLR Wins the 2010 COYA Judge Just to point out three of their best institutional strengths: Award 1-High standards of professional ethics. The professional way by which NCLR handles matters as opinions, correspondence, inquiries and complaints alike is far from the bare minimum you'd expect 18 | P a g e

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from a Kenyan Public office; fast and with a sense of urgency. 2-Involvement of the people in the process of policy making. With the strings of conversations and idea sharing on the Kenya Law Reports Blog and Forum is enough to show their commitment towards people power. 3-Transparency and provision to the public of timely, accurate information . This out not even be discussed, its their strongest point!

Mr. Michael Murungi (left), the CEO/Editor of the National Council for Law Reporting (left) receives the TIGA Award Trophy from Mr. Muhammad R. Tufail, Regional Technology Officer, Microsoft Asia (right). The NCLR derive is mandate, on Law reporting from The National Council for Law Reporting Act, and on Law revision from Legal notice Number 29 of 2009 and therefore is the official publisher of the Kenya Law Reports and the Laws of Kenya. Its mandates and functions are: 1-To revise, consolidate and publish Laws of Kenya; 2-To monitor and report on the development of Kenya's jurisprudence, that is through the Kenya Law Reports Publication; and 3-To undertake such other related publications and perform such other functions as may be conferred by Law. Summing them up in a slogan "Where Legal information is public Knowledge".

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Word from the Chief Executive Editor


Welcome to the Kenya Law Experience
Published October 18, 2013

Michael M. Murungi Chief Executive/Editor.

This occasion is a great milestone not just for Kenya Law as an institution but for Kenya as a country. As we commemorate the promulgation of our Constitution, which has become not only a new beacon of light for the rule of law in our beloved country but also a source of inspiration for other countries that are grappling with constitutional reform, we could not stand on any better platform on which to renew our promise of service to the people of Kenya.
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Our new brand name and logo is not merely a new coat of paint. Rather, it is the outward representation of an institutional renewal and a transformation that has been inspired by the Constitution of Kenya, 2010; the renewed expectations, hopes and aspirations of Kenyans in this new Republic; the transformation of the Judiciary, which is our parent institution; and the inspiration and commitment of both the Members of the Council and our staff. We are moving beyond serving the legal research needs of legal professionals to also working towards a legally informed, empowered and participative citizenry; from merely providing access to information to providing information that is understandable and usable by the citizen; from having corporate social responsibility at the fringe of our planning to moving it to the centre of our work processes, services and products (creating shared value); from informing to enlightening and from business models to service models that have a social utility for the Mwananchi. As the first installment of our commitment to this new promise, we are launching and presenting a revised and consolidated edition of the Laws of Kenya in print, on CD-Rom and online. The edition has been designed for openness, interoperability and accessibility and it is free from unfair copyright restrictions. In the days to come, it will be complemented with plain-language summaries of new legislation, provided in both our wonderful national language Swahili and in English. As we embark on fulfilling the demands of this new promise, we also want to look the part so we are folding up our sleeves, dispensing with the formalities and presenting ourselves in the persona of a Mwananchi-centered service organization that can be more popularly known by a brief and catchy brand name Kenya Law while retaining our legal and statutory name. Welcome to the Kenya Law experience. See more at: http://kenyalaw.org/

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A LOOK AT THE CRIMINAL JUSTICE SYSTEM


By Carol Chepkoech,
carol.chepkoech@strathmore.edu Few weeks ago we watched a movie in class called Shawshank Redemption. In the movie, a man called Andy Dufresne was accused of killing his wife and her lover because she had been adulterous. As fate would have it, all the circumstantial evidence pointed towards his guilt; on the day of the murder Andy had carried his gun, he also had been to the house where his wife and the lover stayed and the bottle he had been drinking from was found outside the house. He was convicted to life imprisonment. As a matter of fact, Andy had not been responsible for murdering the two. Unfortunately he had no means of proving his innocence and therefore would be punished for someone elses crime.Having watched the movie, so many questions have been eating my mind up like corrosive acid on a piece of cloth. Does the criminal justice system really work? Are the mechanisms put in place to ensure that innocent persons are not convicted sufficient? And a much harder question: is the aim of the criminal law achieved through the systems put in place? Of course the movie was just fiction, but a clear reflection of the happenings in the society. The standard of prove in criminal cases is normally very high; of course not a hundred percent but prove beyond reasonable doubt. Direct evidence is normally used, but its not in all cases that we have witnesses and therefore circumstantial evidence is highly appreciated. One thing however remains clear; there are instances where all circumstantial evidence point towards the accused being guilty, yet one is innocent. Of course in this case an innocent person is convicted and the criminal goes scotfree.

One of the aims of the criminal law system is to rehabilitate the criminals so that as soon as they come out of prison they are able to fit into society without getting further into crime. The question is how do we purport to rehabilitate someone who in the first place was not involved in the crime? This is the danger posed by having innocent people languish in prisons. Rehabilitation is not just on paper; it narrows down to the conditions that prisoners are subjected to and how they are treated by the prison wardens. It is unfortunate that in most cases if not all the convicts are subjected to dehumanizing and humiliating conditions. For instance the food that they eat could be substandard. One of the punishments given to them is hard labour and at times they are subjected to physical torture. Looking at the sanitation conditions in the cells, one will not cease to wonder how on earth the prisoners survive. A friend jokingly tells me that if he had a public health officer he would have ordered the closure of most cells in our country. This calls for alarm. There is need to look into our criminal justice system, review what can be reviewed and get rid of some of the retrogressive practices. My opinion is that the very fact that one is in prison is already a punishment since you are denied your freedom; and therefore the rest are uncalled for bonuses. I think the conditions in the cells should be improved to give the convicts a sense of dignity. As human beings our behavior is largely influenced by our environment. If we are to speak of rehabilitation of people who have been involved in crime then this has to be put into consideration. Carol Chepkoech is a first year Law student at Strathmore Law School. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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THE LAW IS VAGUE:BUT INFLUENTIAL


colonialists' true societal image? NO. It was influenced by the colonialists greatly but vague, devoid of true identity as by domestication, much of the originality is lost. Draw a black Monalisa to represent the African woman; now that's domestication, much is lost. So why then does the society even need this 'Vague concept' collectively called Law? You don't know you need one until your rights are infringed upon. Law is needed to keep the society together, or rather to keep each other's hands from others' necks. The society is conceptualized into two ways. One, Integration Consensus, a system which describes society as an integrated relatively stable system held together by a consensus of values; in this therefore, conflict is a needless struggle only left for the few who are yet to understand their common interests and interdependence. In this case, Law is then a neutral framework to maintain social integration. Second conception, Conflict coercion, to keep people from killing each other. This considers a society as consisting of individuals and groups characterized by conflicts and descent held together by coercion. If for example, in Kenya 2007-2008 post elections violence it became apparent that Kenyans were 'Peaceful' brothers and sisters only because the Law 'forced' them so, but given a slight chance of Lawlessness, its blue-murder circus!:Conflict Coercion. We therefore by all means do need Law, that strong influential 'guest', at least to keep the 'hosts' from killing each other, for we ought be in our best behaviors around the guest don't we? Michael Opondo O. is a Second year Law student at Kenyatta University, Managing Editor Kenyan Legal. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

By Michael Opondo O., opondomichael@kenyanlegal.com; opondomichael1@gmail.com

he sense of smell is not smell itself; the sense of knowledge is not knowledge itself; it therefore follows that the interpretation of Law is not Law itself. The Law is like a football field, and every single player has an equal chance to score, even the goalkeeper himself, and even own goals are counted so; in whatever style possible just as long as its not via handball or offside, you know the rules. Likewise, in the legal field, no lawyer stands high above the others as the number one maverick, for every lawyer has an equal chance if winning an argument in a case in whatever style possible just as long as he/he doesn't play dirty. What then is derived here is that the law itself is but a vague concept for it lacks one clear and distinct interpretation universally accepted in its generality but still remains influential in court decisions. This departure from familiarity that the law is could have been the inspiration behind the statement Law may have any content" to which I second. Law is a travelling thought with no destination apparent, no realm it claims; an influential guest to its host, sometimes with an effect of a carefree abandon with due disregard of it's host's societal and moral obligations. To briefly demonstrate; when the colonialists back then decided that Africa was their 'to conquer' field, they came alongside their Laws and that 'Law' became Law, and when they did leave, we simply domesticated that and life had to go on: now, was that domesticated Law a true image of African society? NO, was it then the 23 | P a g e

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JUDICIAL, LEGISLATIVE, AND EXECUTIVE WISDOM


current speaker of the National Assembly is lacking in all those respects. The decisions of Kenneth Marende were very good. They may not have been perfect, but the rational input gave them credit; he well substantiated his reasoning; not carelessly and not high-handedly. Such rationality is the beginning of dialogue when people can clearly understand each others positions which have been rendered humbly then they can talk and reach an accord, or at least the final decisionmaker will have created good precedence. This is often difficult especially between Parliament and the Judiciary, but it can be done. For instance while defending the autonomy of Parliament Marende accorded respect to judicial decisions. He said, Hon. Members, although I have read that this court decision does not stop the National Assembly from proceeding with its work and cannot determine for the House how to proceed, it must be noted, as matters currently stand, any decision made by this House on the nominations, though perfectly procedural from the point of view of the Legislature, outside the Legislature, it is to the extent that it does not accord with the ruling of the court, null and void, for all purposes. It is noteworthy that Parliament in that regard rejected the courts direction but properly explained why. Lesson: leaders have the right and duty to defend the competencies of their offices, but they must do so in a manner that respects the competence of other offices and does not suggest contest. The new Constitution requires imagination let us be creative. For the sake of integrity let leaders substantiate any appointments they make; this will cut down on much debate and avoid such humiliations as the current concerning the JSC and the appointed tribunal to investigate their conduct. Kenneth Marende gave this solution: Considering the emotion which a feeling of unfair treatment has, or may evoke in sections of our society, I see no harm, and it

By Samuel Onyango, samuel.onyango@riarauniversity.ac.ke


onsidering current woes between the Judiciary, Parliament and the Executive my mind is turned to long forsaken wisdom reflected in the decisions made by the likes of Kenneth Marende. First, it is essentialfor officers in the three arms of government to recognize, and work, according to the principle that they are merely arms of one government. This is peculiarly difficult; it is an ideal, and may not be easily achieved due to countervailing political influences. The bottom line is that they should, though protecting and asserting their autonomy as different arms of government, not succumb to brinkmanship arising from institutional zeal; they should interpret the Constitution in a way that solves the problems of society while still preserving the integrity and objects of the Constitution. This requires more than legal knowledge; it requires rationality and wisdom those two ensured the success of the 10th National Assembly. Parliament could have crumbled then and Kenya would have descended into anarchy under the weight of irresponsible politics of the ODMPNU Coalition Government were it not for the principle and effective crisis management skills of the former Speaker of the National Assembly Kenneth Marende level headedness, principle, firmness, rationality, judicial wisdom, and the rule of law. It goes without argument that the 24 | P a g e

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would probably assist the country very much if important nominations were accompanied by some memorandum explaining how the nominating authority has addressed itself to such constitutional requirements. I concede that this is not an express constitutional requirement, but it is not unconstitutional and I have previously urged against dry, technical and uncreative interpretations of the Constitution". Finally, it is important to always keep in mind the high ideals in our Constitution integrity, good governance, and the rule of law. Every decision made must comport with all the three. It

is a difficult balance; in the pursuit and enforcement of integrity one is tempted to undermine the rule of law; good governance stands the risk of evaporating under strict observance of legal strictures. A balance must be struck nonetheless this is the test of governance needed under the Constitution of Kenya 2010. Samuel Onyango is a Second Year Law student at Riara University and Kenyan Legals Branch Co-ordinator Riara School of Law.

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JUDICIARY WATCH
COURTESY: www.kenyanlaw.org

ENHANCING ACCESS TO PUBLIC LEGAL INFORMATION


Published on November 11, 2013

By Nelson K. Tunoi, Esq. Kenya Law prides itself for being at the forefront as the leading and most authoritative source of a broad range of public legal information. These include the publication of both the online and print versions of all judicial opinions from the superior courts of record and national and county legislations from the National Assembly and the Senate. As a leading legal resource frontier, Kenya Law strives to guarantee accessibility to legal information by enhancing the free flow of information without restrictions on its use and reuse. Public legal information is part of the common heritage of humanity and maximizing access to this information promotes justice and the rule of law.

Creative Commons

Creative Commons (CC) is a globally-focused non-profit organization dedicated to supporting an open and accessible internet that is enriched with free knowledge and creative resources for people around 26 | P a g e

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the world to use, share, and cultivate, hence making it easier for people to share and build upon the work of others, consistent with the rules of copyright. Creative Commons provides free licenses and other legal tools to give everyone from individual creators and authors to large companies and institutions a simple, standardized way to grant copyright permissions and get credit for their creative work while allowing others to copy, distribute and make specific uses of it. Kenya Law, being a key affiliate institution (Legal Lead) of Creative Commons has adopted the use of creative commons licenses its publications (both online and print). The use of these creative commons licenses eases copyright restrictions to access and use of public legal information prepared by Kenya Law. This is fundamental to both access to knowledge and the development of culture, resulting to a legally informed, empowered and participative citizenry. Creative Commons Licenses There are six types of licenses offered for use under creative commons. Prior to the application of these licenses to their work, users have to choose the conditions they wish to apply to their work. These conditions are a combination of the following features; a) Attribution All creative commons licenses require that others who use your work in any way must give you credit the way you request, but not in a way that suggests you endorse them or their use. If they want to use your work without giving you credit or for endorsement purposes, they must get your permission first. b) ShareAlike You let others copy, distribute, display, perform and modify your work, as long as they distribute any modified work on the same terms. If they want to distribute any modified works under other terms, they must get your permission first. c) NonCommercial You let others copy, distribute, display, perform and (unless you have chosen NoDerivs) modify and use your work for any purpose other than commercially unless they get your permission first. d) NoDerivs You let others copy, distribute, display and perform only original copies of your work. If they want to modify your work, they must get your permission first.

Below is a summary of the six licenses as a result of the combined features discussed above.

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Besides licenses, creative commons also offers a way to share materials into the public domain through CC0 (no rights reserved), a legal tool for waiving as many rights as legally possible.

Why use CC licenses? Creative Commons licenses are not an alternative to copyright. By default, copyright allows only limited reuses without your permission. Creative Commons licenses let you grant additional permissions to the public, allowing reuse on the terms best suited to the owners needs while reserving some rights for themselves. Creative Commons licenses are easy-to-use, simple and standardized in a way that give the public permission to share and use the creative works on conditions of the owners choice. Creative Commons licenses allow owners to change their copyright terms from the default of all rights reserved to some rights reserved. 28 | P a g e

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Photo: Kalexanderson/Flickr Creative Commons Global Summit 2013

Creative Commons Affiliate Representatives from all over the world during a group photo session. The Global Summit brings together the community of experts, academics, and activists who comprise the Creative Commons affiliate network in a different country every two years. The recent Creative Commons Global Summit was held from August 21 to 24 at the San Martn Cultural Center in Buenos Aires, Argentina, with the support and organization of the locally based Fundacin Va Libre and Wikimedia Argentina. The event brought together representatives of Creative Commons affiliates from around the world, the Creative Commons Board of Directors and staff, activists, academics, local representatives and others interested in discussing the present and future of the international free culture movement. 29 | P a g e

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Nelson K. Tunoi & Michael M. Murungi during the Creative Commons Global Summit in Buenos Aires, Argentina. The summit agenda included more than 60 sessions and panel presentations on topics such as copyright reform; CC licenses in educational, cultural, and artistic projects; relationships with governments, academia, and civil society; and the development of business models with an open and collaborative structure. The attendees discussed strategies to strengthen Creative Commons and its worldwide community; learnt about the latest developments in the commons movement worldwide; and showcased local and international projects that use Creative Commons licenses.

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Creative Commons CEO Cathy Casserly welcoming and addressing the affiliate attendees to the Global Summit in Buenos Aires, Argentina. Creative Commons co-founder Prof. Lawrence Lessig, who is well recognized worldwide both for his work with Creative Commons and as a government reform advocate, gave a keynote address on Laws That Choke Creativity at the University of Buenos Aires. Other notable summit attendees included Creative Commons CEO Cathy Casserly, Creative Commons Board of Directors Chairman Paul Brest, Michael Murungi CC Kenya Legal Lead representative, Isaac Rutenberg CC Kenya Public Lead representative, Simeon Oriko Jamlab Co-founder and Alex Gakuru and Tobias Schonwetter CC Africa Regional Coordinators, among others. See more at: http://kenyalaw.org/

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WHAT IS UNIVERSITY?
lost meaning. University has become a place where students chase degrees and qualifications at the expense of real learning. In many universities professors merely carry to the lecture halls old files of notes handed down since they themselves were students and rehearse such notes to the students year in year out. Even in many improved ones they merely rehearse modern notes, thus establishing conventions. The challenges facing the human race today are not conventional; they need more than conventional knowledge and practice. The challenge is not only to education providers but to us as students also. We have to imagine our way to the excellence befitting of human intelligence in everything that we do. We have to restore the university to the position it once held as the backbone and the brain of society. We have to employ our God given gift; the only that distinguishes us completely from other animal species imagining better. Samuel Onyango is a Second Year Law student at Riara University and Kenyan Legals Branch Co-ordinator Riara School of Law. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

By Samuel Onyango, samuel.onyango@riarauniversity.ac.ke


or the better part of my high school education my best subject was Physics (it is interesting that what I do now is completely unrelated). I loved the subject because of various personalities for whom Physics is known, and mostly Albert Einstein; he was one inspiration to me. One thing is clear to me today; I did not learn much of Einsteins Physics, neither was I interested in it; more than I learnt the Physics I learnt one thing which today I believe is the hallmark of the human intellect imagination.That is what made Einsteins Physics. It is interesting that with all the advancements the human species has made, the world has more problems today than it ever did. We are not suffering a want of professionals or leaders or people in all other fields; we have them, and millions are graduating or qualifying every year, not to mention that they are all going through the same curricula, the same patterns, and meeting the same qualifications. It is trite that university education is fast becoming a basic necessity. Sadly though it has

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THE LAW DOESN'T PROTECT LIFE: ITS YOUR PROBLEM


aggravating motive is to cause his family pain of loss; Second is the Mitigating Motive, which is the reason to do the prohibited thing, for example, one is not allowed to kill another, but if faced with a greater danger of losing his/her own life, the person is allowed to do the prohibited thing of killing as in self defense and that becomes the aggravating motive. In practice, it is observed that the Law doesn't at its minimal seek the aggravating motive when it comes to life/murder cases as that far morality and personal bias shall interfere, but rather a sufficient shown mitigating motive is enough to free one of legal burdens for murder, but not always entirely. With this is a great room to form a motive to kill, but move forward hand in hand with the mitigating motive just in case they ask. The Law itself has no convictions whatsoever to protect life, at least not entirely expressed so, as even held in the irony of Law to kill a murderer, why? Because he killed a person, as a good measure to protect "Life": Its a dog chasing its own tail. If a house for instance is on the verge of collapse as it has divided itself into two with both sides moving towards the killing of the other, sometimes peace is achieved ugly, by killing part half of the warring sides then a rigid peace is achieved; thats the effect of the Law. Law therefore dictates that you hold a personal obligation to protect your life just as the next person, and will only come to aid you when you've exhausted your self protection means to no avail. Life is a measure of your courage. Take care. Michael Opondo O. is a Second Year Law student Kenyatta University, Managing Editor Kenyan Legal. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

By Michael Opondo O., opondomichael@kenyanlegal.com; opondomichael1@gmail.com n the face of self-extinction from wherever source, man is always faced with doubt, then panic on how best to react. Even in cases of suicide, to jump or to still cling by. Such is the situation a person is often faced with when in the course of reaction another person's life could as well be taken away, and begs the question, does Law view murder as a necessity or a crime? Human morals have long been known to be standard, but intact, so its therefore "immoral" to subjectively define the value of life. Life, objectively, is that ability that every living thing has; and every living thing has a common persuasion to survive by all means possible with due disregard of whether the next living thing shall survive or not, as its only so that the phrase "Survival for the fittest" is coined. In the sinking Titanic, its everyone for him/herself; as to whether your deepest truest lover survives is up to hi/her fit, same is in the jungle, the Lion cares not if the calf he's after is the family's only child, the lion has to survive. Therefore, Life is yours only as much as you protect it. Moving on from the above premise, its objectively therefore not wrong to kill if in persuasion of a greater objective; superior interest socially approved. This introduces us to the issue of motive which, for this discussion, are of two types: Aggravating Motive, which is another reason not to commit a crime, for example, if I kill a man, married and with family, main motive is to deprive him of his life and the

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Lifestyle section

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With Arnold Odiembo


questions

Interview Profile
THE GUZA YOUTH FOUNDATION
Interviewed by Arnold Odiembo, Communications Director Kenyan Legal, otienoarnold@kenyanlegal.com

Q. So Kegan, whats your story? Tell us in brief about yourself. My name is Kegan Ochieng Ogaga, Kenyan age 22. I am a 3rd year student in University of Nairobi (UoN) pursuing a degree in Economics and Statistics. Currently, I work with Chase Bank as a DSR- Youth banking and UNISCOO, University Students Community Organization, as the Marketing Executive. I am also the Secretary General as well as one of the Founder Members of Guza Youth Foundation an initiative for students, by students addressing the social needs of the needy and disadvantaged youths in our communities especially in the academic world, and the Sports and Entertainment Secretary in ECOSA(Economics Students Association), University of Nairobi. Q. Could you describe one of your typical work days? My days starts at 6 am, I wake up, leave the houseby 7 since I need to be in the office by 8am at I&M building, meetings till 9, office work till 1pm. In the afternoon , I meet clients ad my day ends at 6 ad leave for home. Q. Tell us a little about your ongoing project, Guza youth foundation?

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Guza Youth Foundation, which will be launched officially on 16th November 2013, was founded on 1st July 2011 by 5 UoN students. Its a charitable organization which was formed as an avenue to reach out to and empower young disadvantaged youth academically and also mentor them to become responsible people in the society despite the challenges facing them. The motive for the formation of this foundation was the shared experience of majority of the founding members who had overcome great odds to be who they are today. These shared life circumstances brought these students together to form a foundation that they could use as a platform to address the various challenges affecting the societies where they came from. The specific problem that the students wanted to address was the low education standards in their communities. Q. How do you intend to achieve the project goals? To achieve the project goals, we have an action plan which includes: i. Launching of the foundation: As mentioned before, the foundation will be launched officially on the 16th November 2013. Identify the gap, find mentors, volunteers and partners Resource Development (Look for funds to ensure smooth running of the project so as to meet the project objectives) Value Addition enrich the project by doing different activities that add value to the core objective of the project

ii. iii.

iv.

Q. What parts of your job do you find most challenging? Doing reports about projects, meeting

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clients and Q. How would you describe the Kenyan Corporate Culture? To my opinion, corporate culture is implied and not expressly defined. In Kenya, the corporate culture is characterized by: i. High Employee Turnover Most organization experience high employee turnover especially because of the uncompetitive compensations/remuneration. Employees keep changing jobs whenever they hear of a better pay in another organization. Business Hours Most organizations have fixed business hours which is the traditional 8am5pm.Not many organization have a flex time. Laxity amongst employees In Kenya, theres a lot of negligence amongst employees in the corporate world. Many of the employees just work for the sake of it. Many of them their goals and objectives not in line with the organization provided they get their pay at the end of the month. Theres little or no motivation in them.

ii. iii.

Q. Are there opportunities for self-employment in your industry? Yes there are many opportunities for the same Where? In SME, forming university communities organizations Q. One thing you would wish the Kenyan Youth would change on? I would wish the Kenyan youth to change on: Financial Planning Proper management of ones finances does not start only when one reaches a certain age or when one starts a family. Kenyan youth should leave their lavish lifestyles and save even as little as a shilling a day for the rainy day. Financial Planning allows us to understand how each financial decision we make affects other areas of our finance. Giving-Back Kenyan youth should be more open and willing to giving back to the community. We should be more generous with our resources, both monetary and non-monetary, for the betterment of our society. Dependency on employment in white collar-jobs As Kenyan youth we should not sit down, relax and wait to be one day employed in big offices. It is our duty to be creative and innovative and create job opportunities for ourselves. This mentality of graduates being unemployed should be a thing of the past, it is our job to create jobs!

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Q. And just out of curiosity, what personal attributes are essential for success? Attitude; Attitude is 100% excellence. For us to succeed in our endeavors we need to have the right attitude, the capacity to stay positive and optimistic always. Goal oriented; having goals in each sphere of life is important for our success. Goals help us have a clear objective of whatever we want to achieve in life. Self Discipline; setting good goals without self-discipline is zero work. For us to succeed in life, we need to control our impulses, its only then when we can get objective. Networked; this is equally an important attribute essential for success. We need a welldeveloped circle of influence of interconnected positive relationships. Self-Awareness The understanding and knowledge of who you are including your skills, values, interests, behaviors and character. It is impossible to limit myself to the above, but essentially those are the main personal attributes essential for success that rank top in my list.

Q. Parting shot? I would like to ask each and every person listening to this/Reading this (choose as appropriate) to help Guza Youth Foundation in its cause of empowering the needy youth through provision of access to quality education. Any support, both monetary and non-monetary, is highly welcomed and appreciated. Education is the key to success; lets join hands in this cause to help the less fortunate realize their dreams. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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WALK TALL: MWANAUME NI EFFORT


By Tillen Okoth. 2nd Year Law Student, Kenyatta University. an comes to this world without his consent; and leaves against his will. On earth, man has to do certain things that differentiate boys, who dream from men, who do, and that brings us to the adage-Mwanaume ni Effort1. It is only then that man can secure a place on the table of Men where he can lift a jug of Keg for a meticulous toss. In infancy, man is an angel and everyone wants to kiss him. In boyhood, he is a devil and everyone wants to mount on him with hooves-in fact, all accusing fingers are on him; lest I see you near my daughter again you rascal!. When he obeys Gods commandments and goes to church every Sabbath day, he is dogmatic and a hypocrite, when he doesnt, then he is a sinner and he will not have a glimpse of that estate with proper accommodation. When he visits social hall, he is a drunkard and disorderly, when he doesnt, hes primitive and backward; illiterate, in fact dinning on the wrong side of history. When he chops his money, he is extravagant and only wants to show off, but when he doesnt, then he is stingy, mean, mkono glue2;he is a miser. When he has a good command of the feminine world, then he is labeled a male prostitute; when he keenly supervises his zip, then he is a fodder of cowardice. If a man has family and kids, he is a king-Jadhako ruoth(a married man is a king), when he is a bachelor then he is just a mere bunch of social amalgamated misfit wallowing in the miasma of anarchy. When he is rich and prosperous, then he is corrupt and unscrupulous-he only amassed wealth through unbecoming means; but when he is poor, the silence is called by the name for nobody wants to give him audience, even the surrounding is skeptic of what comes from him. When a man dies young, then-he would have had a great future but when he lives to a ripe age then he only made a wish It is therefore quite evident that there is nothing youll do under the sun that will please everyone for one mans fool is another mans weapon. Just strive to be yourself, believe in your ethos, and dont be cowed by a bunch of retrospects for behind every successful man lies a pack of haters. John Stuart mill in his article Liberty of thoughts and individuality espouses that liberty in thinking enables one to seek his/her own best; it liberates a diversity of interests to the benefit of individuals and of all, and will nurture moral freedom and rationality. With rationality comes creativity and the means of social and intellectual progress. Mill further delves and says that the best sort of person is one who is individually responsible for his/her own beliefs and actions, not people whos ethos and actions are simply those that conform to same custom or are simply those that they have always had or held, or are those asserted to be correct by third parties. The best kind of beliefs and actions are those that emerge from a persons/individuals own critical assessment and the best kind of person is that who can provide as required those critical assessments thereof. Individuality is also premised on intellectual fairness-you have to listen to what others say but then you have to strike preponderance between listening to what other people say and your very sense of thought and personal opinion. Omera3you have really strived just to be where you are currently. Do not let a mere product of coitus malign your sense of humanity and belonging. Thank god for helping you be youThen WALK TALL!
1 2

Man is to effort Sticky hands; glue hands 3 Hey you!

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Tillen Okoth is a Second Year Law student at Kenyatta University. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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WHO AM I?
By Sheilla Mokaya, sheillamokaya@gmail.com Most people are quick to decide on a persons personality but really how much can they tell on their own personality. It is very exciting to know the different types of personalities as it helps one improve their interpersonal skills by helping us know what we expect from each other. Broadly there are two types of personalities: the introverts and the extroverts. Introverts are those who embrace solitude and require alone time. They are the types who feel lonely even amidst a crowd. They express their ideas more in writing as this affords them an opportunity to self reflect. Extroverts on the other hand like to mingle and move around in social situations. They express themselves more verbally. Unlike introverts who derive their energy from within, extroverts are charged up by people, places and stimuli outside of them. Introverts are wrongly presumed to be shy. This is not usually the case, Susan Cain in her book Quiet: The Power of Introverts in a World That Cant Stop Talking defines shyness as the fear of social disapproval or humiliation while introversion is a preference for environments that are not over stimulating. Shyness is inherently painful, introversion is not. Other existing myths on these two personalities include: Introverts dont make good public speakers Introverts are unhappy compared to extroverts who are happier. Reality is that they simply express their happiness in different ways, introverts prefer keeping a low profile. Extroverts are bad listeners. Conversely such people easily form rapports with others and know how to make people comfortable making. The methodology they use is different from that of introverts who enjoy deep one on one conversations. Extroverts dont like quiet personal time and are shallow There is however a more expansive classification of human personality. These still fall in the big bracket of introverts and extroverts. They are: The sanguine type The phlegmatic type The choleric type The melancholic type The sanguine type It is characterized by spontaneity, optimism, enthusiasm, high energy, mental flexibility, novelty seeking, impulsiveness and curiosity. Their curiosity is expressed in their love for reading different kinds of knowledge. They like luxurious lifestyles and thus are big spenders. They are willing to take risks in pursuit of these interests. They cant tolerate boredom and routine jobs, repetitive experiences and boring companions irritate them. They are impulsive and often find it difficult to control their cravings. They are last minute planners and procrastinate tasks as they are usually busy due to their high energy. They are the most creative people in arts music and are very autonomous and unconventional. They make it their joy to seek joy and happiness. However such people are easily susceptible to addictions such as sex and alcohol. They are also chronically late and tend to be forgetful. The phlegmatic type 41 | P a g e

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This character is linked with the oestrogen hormone which is present in both males and females. Such people are known to be emotionally expressive. They are affectionate and make steady faithful friends as they are kind. They view the world in a big picture and can be able to connect small pieces to form a story. They like protecting family ties and relations often doing reconciliation activities where there are disagreements. The choleric type This personality is full of aggression and energy always wanting to achieve things. They are task oriented and are focused on getting a job done, hence their motto: dont say it do it. This personality is associated mainly to the testosterone hormone. Such people however run the risk of being domineering, dictatorial and tyrannical as the do anything to get things moving, They quickly fall into depression and moodiness when failure sets back on them. The melancholic type These persons are commonly known as perfectionists. They are very cautious and have a desire for perfection. This emanates from their high degree of personal excellence and most of the time they have difficulties relating with others who cannot meet their standards. They are self-reliant and independent preferring to do things themselves to meet their standards. They are also susceptible to depression and moodiness. There is no person who is a pure melancholic, or choleric or phlegmatic or a sanguine. Each person has a varying degree of each of the mentioned temperaments.

Sheila Mokaya is a Second Year Law student Kenyatta University, Assistant Editor Kenyan Legal. To comment on this and other articles please visit www.kenyanlegal.com Real Kenya, Real Issues

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THE PUBLICATION TEAM


The secretariat: Michael O. Opondo: Managing Editor. Sheila Mokaya: Assistant Editor. Patricia Ngare: Content Manager. Dennis Gicheru: Director Partnerships Anthony Mwangi: Co-Director Partnerships. Arnold Odiembo: Director Communications. Linda Wangui: Co-Director Communications. Kenyan Legal Branch Directorate: Kenneth Kimathi: Kenyatta University (School of Law) Gabriel Pelu: J.K.U.A.T (School of Law) Hamida Abass: Strathmore University (School of Law) Samuel Onyango: Riara University (School of Law) Anita Simiyu: Kabarak University (School of Law) Victor Kaula: Moi University (School of Law) This issue was powered by:

To participate in the next issue, please send articles, with your personal details and picture to: kenyanlegal@gmail.com or

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