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Category: Legal Opinions
|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 906 DownloadsDownload
|Parliamentary Initiatives Network - Memorandum on the Senate Standing Orders
Created 08-Jun-2013 411.56 KB 852 DownloadsDownload
|Judgement Mr Samwel Mukira Mohochi Case
Created 08-Jun-2013 341.99 KB 918 DownloadsDownload
|The Constitution of Kenya (Protection Of Rights And Fundamental Freedoms) Practice And Procedure Rules, 2013
Created 08-Jun-2013 231.16 KB 1,125 DownloadsDownload
|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 470 DownloadsDownload
|Legal Opinion 289 - Women's Rights (Disability and Forced Sterilization)
Created 09-Jun-2008 137.08 KB 738 DownloadsDownload
|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 622 DownloadsDownload
|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 658 DownloadsDownload
|Legal Opinion 231 - The People vs. John Chishimba (Zambia)
Created 09-Jun-2007 417.69 KB 467 DownloadsDownload
|Legal Opinion 262 - Prolonged detention of a minor in Malawi
Created 09-Jun-2007 98.32 KB 435 DownloadsDownload