Constitutional and fiscal lessons from 2024 Finance Bill protests

In recent months, Kenya has witnessed a renewed contest over fiscal governance, public participation, and the limits of executive authority.

By Ndong Evance 1 month ago

Court of Appeal and the mystery of presidential advisers' ruling

A judiciary that is defensive rather than proactive in terms of communication strategy will always be caught off guard and trail back in 'managing the situation.'

By Ndong Evance 1 month ago

JSC should set up a threshold for incompetence of judges

Sometimes courts in Kenya produce decisions so startling that the law itself seems to recoil.

By Ndong Evance 1 month ago

Judge's order that could help end electoral violence in Kilifi

The court required the responsible institutions to engage each other and design lawful mechanisms for preventing violence in future elections.

By Ndong Evance 2 months ago

CSs must refuse to dance to the beats of political party drums

In every constitutional democracy, there comes a quiet test of character, a moment when power must decide whether it serves the crowd or the country.

By Ndong Evance 2 months ago

Sexual harassment in the legal profession, which way?

Judicial Tribunal report in South Africa concerning Judge President Mbenenge offers Kenya an opportunity to reflect on how sexual harassment complaints are handled

By Ndong Evance 2 months ago

Public, not judiciary, is the ultimate judge of journalism

Contemporary scholarship converges on a central insight: journalism stands at a crossroads shaped by commercialisation, political hostility, digital disruption, and an empowered public sphere.

By Ndong Evance 2 months ago

JSC must now break the silent bias against legal academics

The standard by which a judiciary is judged is the quality of its thinking. Courts go beyond resolving disputes.

By Ndong Evance 3 months ago

Of Isaac Ruto, Judicial Service Commission and party colours

The Constitution was designed with a deep awareness of history. It emerged from a past in which political power routinely reached into institutions meant to restrain it.

By Ndong Evance 3 months ago

JSC's transparency during job interviews is commendable

The quality, rigour and diversity of the questions and areas tested for the Court of Appeal interviews would make SC Nzamba Kitonga to smile in his grave.

By Ndong Evance 3 months ago

It'd be counterproductive for State to ditch private advocates

The recent Nakuru High Court orders barring public entities from engaging private advocates have stirred intense debate across the legal and governance landscape.

By Ndong Evance 3 months ago

Why KMPDC must exercise caution in the miracle debate

KMPDC should concern itself with whether doctors adhered to professional standards, not whether divine intervention occurred and whether that is believable or not.

By Ndong Evance 3 months ago

Why it's wrong to turn police officers into debt collectors

This troubling pattern of turning police into debt collectors not only betrays the principles of justice but also exposes the dangerous erosion of human dignity enshrined in our Constitution.

By Ndong Evance 4 months ago

Mohammed Ibrahim: Man of conscience at the Apex Court

Justice Ibrahim's legal philosophy was one marked by the struggle against oppression, the scars of detention without trial, and the resilience of a man who refused to be silenced.

By Ndong Evance 4 months ago

US health deal: The law is strict on transfer of data out of Kenya

The Data Commissioner needs assurance that the receiving country upholds comparable legal principles, ensuring personal data remains shielded from misuse, unauthorised access, or exploitation.

By Ndong Evance 4 months ago

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Courts and judicial temperament in Kenya

When the Judiciary forgets this moral axis, justice is demeaned.

By Ndong Evance 5 months ago

Land fraud in Kenya and prophetic task of 'due diligence'

The recent Supreme Court decisions on land and the most recent High Court decision that stripped Equity Bank CEO James Mwangi of ownership of land claimed by the Magugu family.

By Ndong Evance 5 months ago

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Why Constitution needs a Legal profession rooted in social justice

Kenya urgently needs a legal profession that believes in social engineering, one that sees law not as a tool for privilege.

By Ndong Evance 5 months ago

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How soldier's court win emphasises freedom of religion in the military

The Court of Appeal, in a decision steeped in principle and courage, answered in the language of constitutional transformation.

By Ndong Evance 5 months ago

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Why hiring and firing of vice-chancellors is often contentious

From Nairobi to Eldoret, Egerton to Kisii, corridors have whispered of suspensions, court orders, reinstatements, and hurried replacements

By Ndong Evance 5 months ago

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Why Raila Odinga never lost faith in courts despite painful legal defeats

It was not the language of defeat but the language of a democrat who understood that even flawed institutions must be strengthened through faith, not fury.

By Ndong Evance 6 months ago

Raila, the strong defender of devolution and gender justice

Through decades of struggle, exile, detention, and reform, Raila's political vision has remained anchored in the dispersal of power through devolution and the pursuit of gender equity.

By Ndong Evance 6 months ago

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Raila stretched court limits and entrenched constitutionalism

Raila Odinga's involvement in electoral disputes was not merely about personal ambition; it was a contest over the integrity of institutions.

By Ndong Evance 6 months ago

Yes, you can be moved from witness stand to the dock

The line between the witness stand and the dock may sometimes shift, but it must never do so at the expense of the Constitution's promise of justice for all.

By Ndong Evance 6 months ago

IEBC must embrace proactive communication ahead of 2027

Too often, the IEBC waits until rumors, half-truths, and political spins dominate the public space before it clarifies its position.

By Ndong Evance 7 months ago

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Why you would be in trouble if someone dies after meeting you

If a person was last seen alive with someone, and shortly thereafter is found dead, the burden falls on that companion to explain what happened in the intervening period.

By Ndong Evance 7 months ago

Populist, generalised attacks slow down judicial reform

Instead of reasoned, evidence-driven discourse, political and social actors increasingly rely on emotionally charged rhetoric and social media disinformation to delegitimise courts.

By Ndong Evance 7 months ago

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Why KRA looks at firms' bank deposits as taxable income first

In Kenya, one of the most common disputes between businesses and the KRA is whether money deposited into a company's bank account should automatically be treated as taxable income.

By Ndong Evance 7 months ago

Reject Bill that will allow State to have authority over the pulpit

By allowing an executive committee to block websites and censor sermons under the guise of stopping "extreme" practices, it obliterates the principle of separation of powers.

By Ndong Evance 8 months ago

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15 years of the Constitution: Kenya's journey of promise and paradox

Fifteen years after its birth, the 2010 Constitution remains both Kenya's boldest achievement and its most unfulfilled covenant.

By Ndong Evance 8 months ago

Prenup: Perfect shield against matrimonial property battles

A prenuptial agreement is simply a contract that two people sign before getting married to decide what will happen to their property if the marriage ends, whether through divorce or death.

By Ndong Evance 8 months ago

Supreme Court has protected devolution through its decisions

Twelve years on, devolution remains a living reality in large part, albeit with challenges, because the Supreme Court has defended it with clarity, courage and constitutional fidelity.

By Ndong Evance 8 months ago

Employees who admit guilt can be dismissed without a hearing

The employer must act as a quasi-judicial authority, balancing the need to enforce discipline with the duty to uphold fairness.

By Ndong Evance 8 months ago

IEBC can facilitate recall of MPs even without an enabling law

The electorate under Articles 97 and 98 have the right to recall the MP representing their constituency before the end of the term of the relevant House of Parliament.

By Ndong Evance 9 months ago

Magistrate courts punishing the poor with exorbitant bail terms

Bail terms for arrested protesters and those charged with petty offences border on punitive excess, guised as judicial discretion.

By Ndong Evance 9 months ago

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Why Passaris' Bill on public demos is unconstitutional

Demonstrations outside Parliament or the Judiciary can be critical in influencing policy or highlighting miscarriages of justice

By Ndong Evance 9 months ago

Mugonyi has no constitutional powers to stop media coverage

The recent directive by Communications Authority of Kenya to suspend live media coverage of the Gen Z protests is an affront to Article 34 of the Constitution.

By Ndong Evance 10 months ago

Citizens not duty-bound to give the State reasons for a protest

You cannot ask citizens to choose between security and liberty, between order and expression, between business and protest.

By Ndong Evance 10 months ago

EACC has completely neglected its ethics enforcement role

Kenya has long lived in a path where the polity does whatever pleases them once ingrained in power, they act whimsically with reckless abandon.

By Ndong Evance 10 months ago

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Why Finance Bill is not an Annual Constitutional requirement in Kenya

While the Public Finance Management (PFM) Act, 2012, provides for an annual Finance Bill, the Constitution itself contains no such obligation.

By Ndong Evance 11 months ago