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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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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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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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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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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
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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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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
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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,
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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FOR
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.
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Power play
Power, politics & governance
With Arnold Odiembo
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
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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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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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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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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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
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.
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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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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
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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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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
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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.
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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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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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To participate in the next issue, please send articles, with your personal details and picture to: kenyanlegal@gmail.com or
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With Complements: Kenyan Legal 2013 All Rights Reserved.
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