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Category: Legal Opinions

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Baseline Survey of the State of Court User Committees in Kenya

Report on a survey conducted on the status Court User Committees in Kenya which intends to strengthen the Kenyan judiciary as an avenue to realize human Rights and access to justice by conducting stakeholder consultations and Seeking their input and commitment to CUCs for Increased functionality.

Created 08-Jun-2013   2.01 MB   2,273 Downloads

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Judgement in the Nairobi Law Monthly v Kengen Freedom of Information Access

The Kenyan High Court Judge Mumbi Ngugi on May 13th 2013 ruled that Kenyan citizens have the right to get information on any public company. 

In the Freedom of Information Petition: Nairobi Law monthly Vs Kengen and other, in which ICJ Kenya were enjoined as Amicus Curiae, Justice Mumbi however refused to give Nairobi Law Monthly magazine access to confidential information about a Kenya Electricity Generating Company contract.

The Judge read Article 35( 1) and ruled  that the right to Information does not accrue to Private Citizens ie NLM and therefore the NLM cannot access information from Kengen as a right. 

 

Created 08-Jun-2013   849.52 KB   1,563 Downloads

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Parliamentary Initiatives Network - Memorandum on the Senate Standing Orders

Created 08-Jun-2013   411.56 KB   1,431 Downloads

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Judgement Mr Samwel Mukira Mohochi Case

Created 08-Jun-2013   341.99 KB   1,534 Downloads

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The Constitution of Kenya (Protection Of Rights And Fundamental Freedoms) Practice And Procedure Rules, 2013

Created 08-Jun-2013   231.16 KB   1,610 Downloads

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The Judicial Transformation Framework 2012-2016 Simplified Version

The promulgation of the Constitution of Kenya 2010 heralded a new beginning for most institutions. For the Judiciary, this call was even more urgent. It became imperative for the judiciary to develop a mechanism for institutional renewal that would enhance public faith and confidence in it. The following is a simplified version of the Judicial Transformation Framework.

Created 08-Jun-2012   1.08 MB   1,011 Downloads

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Legal Opinion 289 - Women's Rights (Disability and Forced Sterilization)

Created 09-Jun-2008   137.08 KB   1,281 Downloads

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Legal Opinion 116 - Access to Justice for Juveniles Kenya

Kenya is bound by the Convention on the Rights of the Child (hereafter CRC) and is also a signatory to the African Charter on the Rights and Welfare of the Child. Kenya has implemented these international instruments domestically through the Children’s Act, 2001. The failure of the government to provide free legal assistance to children where necessary is in violation of both domestic and international law.

Created 09-Jun-2007   157.25 KB   1,134 Downloads

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Legal Opinion 130 - Fair Trial Zimbabwe

Zimbabwe is in clear violation of international law in the present case. The facts of the case involved the deportation of Andrew Mullen despite his being acquitted of the charges against him, and despite the existence of a stay on his deportation order by the judiciary. Zimbabwe has violated the rights of aliens, as well as the right to a fair hearing. Zimbabwe is a signatory to the African Charter on Human and People’s Rights as well as a signatory to the International Covenant on Civil and Political Rights, it will be seen that the present case violates both of these international instruments. All levels of government, the executive, the legislature and the judiciary must ensure that the rights and fundamental freedoms are upheld.

Created 09-Jun-2007   94.02 KB   1,195 Downloads

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Legal Opinion 231 - The People vs. John Chishimba (Zambia)

Created 09-Jun-2007   417.69 KB   1,052 Downloads

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