Collection Items

  • Article
    Kenya: Supreme Court Rules Couples Not Entitled to Automatic 50 Percent of Matrimonial Property upon Divorce On January 27, 2023, the Supreme Court of Kenya ruled that marital property must be shared on the basis of fairness and not in accordance with an automatic, fixed formula that imposes a 50-50 split. The judgment was the maiden interpretation of article 45(1) and (3) of the 2010 Kenyan Constitution concerning the mode of distribution … Continue reading “Kenya: Supreme Court Rules Couples...
    • Contributor: Goitom, Hanibal
    • Date: 2023-02-20
  • Article
    Kenya: Parliament Considering Amendment to Digital Service Tax Rules (June 11, 2021) The Kenya Parliament is considering a bill—the Finance Bill, 2021—that, if adopted in its current form, would expand the definition of the terms “digital market place” and “digital service.” The bill defines “digital market place” as “an online platform which enables users to sell or provide services, goods or other property to […]
    • Contributor: Goitom, Hanibal
    • Date: 2021-06-11
  • Article
    Kenya: Parliament Considering Amendment to the Country's 2001 Children Act (Oct. 5, 2018) Kenya’s Parliament is currently reviewing a new bill—the Statute Law (Miscellaneous Amendments) Bill, 2018—which seeks to introduce key amendments to the 2001 Children Act. The Bill has recently gone through its first reading in the National Assembly, one of the two houses of the Kenyan Parliament. (Statute Law (Miscellaneous Amendments) Bill, 2018, […]
    • Contributor: Goitom, Hanibal
    • Date: 2018-10-05
  • Article
    Kenya: Movable Property Security Rights Act Enacted (May 18, 2017) On May 10, 2017, Kenyan President Uhuru Kenyatta signed into law the Movable Security Rights Bill 2017, legislation aimed at facilitating the use of movable property as collateral for securing a credit line.  (President Kenyatta Signs Movable Property Security Rights Bill into Law, OFFICIAL WEBSITE OF THE PRESIDENT (May 10, 2017).)  It does this […]
    • Contributor: Goitom, Hanibal
    • Date: 2017-05-18
  • Article
    Kenya: Parliament Ordered to Enact Legislation Related to Increasing the Number of Female Members (Apr. 19, 2017) On March 29, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found that the two houses of the national legislature, the National Assembly and the Senate, failed to perform their constitutional obligation to ensure that not more than two-thirds of their members be of the […]
    • Contributor: Goitom, Hanibal
    • Date: 2017-04-19
  • Article
    Kenya: Notice Outlawing Plastic Bags Issued (Mar. 31, 2017) The Kenyan government recently announced that it will soon institute a national ban on plastic bags.  In a notice in the country’s official gazette dated February 28, 2017, the Cabinet Secretary for Environment and Natural Resources, Judi W. Wakhungu, announced a ban on “the use, manufacture and importation of all plastic bags used […]
    • Contributor: Goitom, Hanibal
    • Date: 2017-03-31
  • Article
    Kenya: Anti-Money Laundering Law Amended (Mar. 24, 2017) On March 3, 2017, the Kenyan President, Uhuru Kenyatta, signed into law the Proceeds of Crime and Anti-Money Laundering (Amendment) Bill.  During the signing ceremony, he reportedly noted that “[t]his is a major tool in our sustained efforts to fight corruption.  It means that no proceeds of theft and corruption are beyond the […]
    • Contributor: Goitom, Hanibal
    • Date: 2017-03-24
  • Article
    Kenya: Government's Attempt to Close Refugee Camps Found Unconstitutional (Mar. 8, 2017) On February 9, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found unconstitutional the government’s decisions to close the Dadaab refugee camp without first consulting stakeholders and to forcibly repatriate Somali refugees in the camp.  Judge John M. Mativo, who handed down the decision, also found the government’s […]
    • Contributor: Goitom, Hanibal
    • Date: 2017-03-08
  • Article
    Kenya: High Court Declares Penal Code Provision on Criminal Defamation Unconstitutional (Feb. 14, 2017) On February 6, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found unconstitutional article 194 of the country’s 1930 Penal Code, which relates to criminal defamation.  (Jacqueline Okuta & another v Attorney General & 2 others [2017] eKLR, Kenya Law website.)  Two individuals, Jacqueline Okuta and […]
    • Contributor: Goitom, Hanibal
    • Date: 2017-02-14
  • Article
    Kenya: Information Communication Technology Law Proposed (July 11, 2016) On June 6, 2016, Aden Duale, the Majority Leader of the National Assembly, one house of Kenya’s bicameral legislature, introduced a draft law on information communication technology (ICT). (Information Communication Technology Practitioners Bill, 2016, KENYA GAZETTE SUPPLEMENT No. 84 (June 7, 2016), available at KENYA LAW.) The proposed law has provisions on […]
    • Contributor: Johnson, Constance
    • Date: 2016-07-11
  • Article
    Kenya: Law on Registration of Out-of-Wedlock Children Ruled Unconstitutional (May 27, 2016) On May 26, 2016, the Kenyan High Court found unconstitutional a provision in the Birth and Death Registration Act banning the inclusion in an out-of-wedlock child’s birth certificate of the name of the child’s putative father without his consent.  (Kids Born Out of Wedlock to Have Father’s Name in Birth Certificate – […]
    • Contributor: Goitom, Hanibal
    • Date: 2016-05-27
  • Article
    Kenya: Government Requires Deletion of Video from Google's Website (Mar. 1, 2016) On February 23, 2016, Kenya’s Film Classification Board (KFCB) ordered Google to take a video off its website within one week, because the video depicted nudity and sexual situations between individuals of the same gender. (Stellar Murumba, Kenyan Film Board Gives Google One Week to Pull Down Gay Song Video, BUSINESS DAILY […]
    • Contributor: Johnson, Constance
    • Date: 2016-03-01
  • Article
    Kenya: Many Prospecting and Mining Licenses Cancelled; New Mining Law Considered (May 22, 2015) Kenya’s Ministry of Mining has cancelled 65 licenses for prospecting and mining; some of the revoked permits were held by individuals and others by companies. The moves have raised concern that investors will lose confidence in the viability of the industry in Kenya, and some have threatened lawsuits over the issues of […]
    • Contributor: Johnson, Constance
    • Date: 2015-05-22
  • Article
    Kenya: Proposal to Forcibly Repatriate Somali Refugees (Apr. 16, 2015) Following the April 2, 2015, deadly attacks at Kenya’s Garissa University carried out by members of the Somalia-based terrorist organization known as Al-Shabaab, which resulted in the killing of 147 students, Kenya announced that it wants the Dadaab refugee complex closed immediately and its residents, who are all Somalis, moved to Somalia. […]
    • Contributor: Goitom, Hanibal
    • Date: 2015-04-16
  • Article
    Kenya: High Court Temporarily Suspends Parts of Security Laws (Amendment) Bill (Jan. 2, 2015) On January 2, 2015, Kenya’s High Court temporarily suspended, pending a full hearing, the implementation of parts of the recently enacted Security Laws (Amendment) Act, after determining that the parts in question raised human rights concerns. (Kenya Court Suspends Parts of the Two-Week-Old Security Law, REUTERS AFRICA (Jan. 2, 2015).) The Court […]
    • Contributor: Goitom, Hanibal
    • Date: 2015-01-02
  • Article
    Kenya: Security Laws (Amendment) Bill Enacted (Dec. 30, 2014) On December 19, 2014, Kenyan President Uhuru Kenyatta signed into law the controversial Security Laws (Amendment) Bill 2014, a day after Parliament approved the law amid nationally televised chaos involving heckling and fistfights, as some members sought to air their strong opposition to the proposal. (Chaos in Kenyan Parliament, CAPITAL FM KENYA […]
    • Contributor: Goitom, Hanibal
    • Date: 2014-12-30
  • Article
    Kenya: Parliament Considering Security Laws Amendment Legislation (Dec. 16, 2014) Kenya’s Parliament is considering passage of the Security Laws (Amendment) Bill, 2014, which would amend over 20 different laws. (Mohammed Yusuf, Kenya’s Proposed Security Law Stirs Debate, VOICE OF AMERICA (Dec. 11, 2014).) The proposed legislation follows a series of terrorist attacks launched by Al-Shabab, a Somalia-based terrorist group, and mounting public […]
    • Contributor: Goitom, Hanibal
    • Date: 2014-12-16
  • Article
    International Criminal Court; Kenya: Trial of Kenyan President Adjourned (Sept. 11, 2014) The International Criminal Court (ICC) announced on September 5, 2014, that the trial of Uhuru Kenyatta, the President of Kenya, and of the Deputy President, William Ruto, originally planned to begin on October 7, would be adjourned indefinitely. Kenyatta had been charged with five counts of crimes against in humanity, with a […]
    • Contributor: Johnson, Constance
    • Date: 2014-09-11
  • Article
    Kenya: Parliament to Criminalize Use of Wrong Title to Address Top Government Officials (May 9, 2014) Kenya’s Parliament is considering a bill, the Order of Precedence Bill, 2014, which, among other goals, is aimed at “providing a yardstick for determining the proper position of all officer[s], their seniority and hierarchy for the purpose of state functions.” (Jeremiah Kiplang’at, You Risk Sh2m Fine Not Calling MP ‘Honourable’, DAILY NATION […]
    • Contributor: Goitom, Hanibal
    • Date: 2014-05-09
  • Article
    Kenya: Comprehensive Marriage Law Enacted (May 2, 2014) On April 29, 2014, President Uhuru Kenyatta of Kenya signed into law the Marriage Bill, 2014, a comprehensive law consolidating various laws governing religious, customary, and civil marriages and divorces in the country. (President Kenyatta Assents to Marriage and Heroes Bills, The Presidency website (Apr. 29, 2014).) The legislation, adopted by the […]
    • Contributor: Goitom, Hanibal
    • Date: 2014-05-02
  • Article
    Kenya: Court Rules Tax Refunds Must Be Prompt (Apr. 29, 2014) Kenya’s High Court determined on April 14, 2014, that taxpayers have a right under the Constitution to fair administrative action related to their tax payments. (Catherine Mutava, Kenya: Constitutional Right to Expeditious Settlement of Refund Claims, TAX NEWS SERVICE (Apr. 25, 2014), International Bureau of Fiscal Documentation online subscription database; The Constitution […]
    • Contributor: Johnson, Constance
    • Date: 2014-04-29
  • Article
    Kenya: Implementation of New Wildlife Law Expedited (Apr. 24, 2014) In early April 2014, it was reported that a special unit of prosecutors, the Wildlife Crimes Prosecution Unit, recently formed to combat wildlife-related crimes in Kenya, has already had some promising results. The Unit, which consists of 35 prosecutors who have undergone special training, is said to have successfully prosecuted 26 cases […]
    • Contributor: Goitom, Hanibal
    • Date: 2014-04-24
  • Article
    Kenya: Parliament Passes Comprehensive Marriage Bill, Changes Process for Contracting Customary Marriages (Mar. 28, 2014) On March 20, 2014, the 349-member lower chamber of the National Assembly (Kenya’s parliament) passed the Marriage Bill No. 13 of 2013. Among other objectives, the purpose of the Bill is to consolidate the seven different marriage laws in the country. (Kenya Parliament Passes Polygamy Measure, VOICE OF AMERICA (Mar. 21, 2014).) […]
    • Contributor: Goitom, Hanibal
    • Date: 2014-03-28
  • Article
    Kenya: Rejection of Bill Capping NGO Foreign Funding and Giving Spy Agency Broadened Surveillance Powers (Dec. 12, 2013) On December 4, 2013, Kenya’s parliament rejected the Statute Law (Miscellaneous Amendments) Bill, 2013, which, if passed, would have amended various laws resulting, among others, in the limiting of funding streams of nongovernmental organizations (NGOs) in the country and the expansion of surveillance powers of Kenya’s National Intelligence Service (NIS). (Jeremiah Kiplang’at, […]
    • Contributor: Goitom, Hanibal
    • Date: 2013-12-12
  • Article
    Kenya: Controversial Legislation on the Media Under Consideration (Dec. 6, 2013) Two controversial bills with similar provisions on the control of the media are at different stages in the legislative process in Kenya. The Kenya Information and Communications Amendment (KICA) has been passed by the legislature but not yet approved by the President. (Ally Jamah, Media Stakeholders in Kenya Seek Amendments to Proposed […]
    • Contributor: Johnson, Constance
    • Date: 2013-12-06