Legal Alerts

By Omar Athman and Naadya Kassim Introduction The High Court of Kenya has recently delivered a precedent setting judgment in Naila Qureshi & Another vs Dr. Raffique Parker & 2 others Case Number CC 610 OF 2007 that reinforces the centrality of informed consent in medical practice. By anchoring its decision in Article 43 of […]

By Hilda Mulwa and Abdullahi Hassan Abstract The Thange River judgment stands out as a defining moment in Kenya’s pursuit of environmental justice. Sparked by a major oil spill that polluted water sources and farmland in Makueni County, the case brought over 3,000 residents to court seeking accountability and redress. In its groundbreaking decision, the

By Peter Muchoki, Okioi Abere, and Elizabeth Wangui Kenya has made significant strides in embracing Alternative Dispute Resolution (ADR) as a viable complement to the traditional court system. Having its foundation in Article 159(2) of the Constitution, ADR cannot be understated as a critical component of Kenya’s justice system. Its non-adversarial and reconciliatory approach which

By Hilda Mulwa The enactment of the 2010 Constitution marked a watershed moment in Kenya’s democratic evolution. At its heart lies the promise of inclusive governance, anchored in Article 1 of the Constitution which declares that all sovereign power belongs to the people. Enshrined under Article 10 as a binding national value, the principle of

By Asli Osman and Jerioth Muthoni The Arbitration Act has long been overdue for an amendment to align it with emerging practices and address gaps that impede its effectiveness. Through the Arbitration (Amendment) Bill 2024, several changes are proposed to the arbitral framework in Kenya. These changes include the establishment of the Arbitral Court, provisions

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