The Legal Edge

Gender-Based Violence (GBV) GBV remains one of the most severe forms of gender inequality and discrimination in Kenya. It is one of the most pervasive human rights violations of modern time affecting women and girls. Over 200 femicide cases have been reported between the period of January to November 2019, these statistics are deeply alarming and a point of grave concern to systemic latitude and impunity accorded to perpetrators, societal stigma towards survivors, and their subsequent silence. Gender Based violence is directly linked with the unequal distribution of power between women and men which explains the direct effect on families, communities, and societies as a whole. Deep-rooted, and complex set of patriarchal beliefs, power, and control continue to create a social environment in which GBV is perva- sive and normalized. Unfortunately, data on Sexual and Gender-Based Violence (SGBV) victims is difficult to confirm. Moving forward, the social and cultural barriers that have hin...

 

It is a questionable attempt to try to define how many states follow and follow not the international law yet this law is at the centre of gravity that binds may laws.    Hart on his book  How Nations Behave  state clearly that:     ‘ Obedience to international rules as conforming or complying but never obeying’. He also adds that, almost all nations observe principals and obligation s almost all the time .Hence this  whole conception wrestles scholars on the view of theoretical versus practical approach . Hence it’s an impassive idea that most state truly follow these laws among exceptional cases where the state obedience is betrayed. Primarily, the first reason is on state consent feature. The Latin clause Pacta sunt servanda and Opinio juris sive necessiatis poses that ‘treaties shall be complied with’ and ‘practice must be followed’ brings about the full idea of obedience to treaty based relations by which states enter into binding contracts wh...

Th e concept of ‘ centralized procurement ’   Due to its topicality and relevance to the modern procurement law,  has become a byword that has fuelled the public and legal debate; this is in particular on the analysis of its merits and demerits  of centralized versus decentralized and the assessment over whether one of this system can prevail over the other are issues that may go beyond the scope of this blog. The challenges posed by greater supplier competition, the ever-increasing need for transparency, the demand for faster turnaround times, all underpinned by robust legal oversight have made public procurement complex, high stakes field’.  In the present blog discussion herein, we shall be focusing on some of the main advantages of centralized procurement, the key disadvantages, a comparison between centralized and decentralized procurement, case studies, recommendation then finally I will draw out my conclusion. Definition   P rocurement originated ...

Dispute in Latin is called disputatione meaning debate. Resolution on the other end means resolvere meaning settle. That being so, dispute resolution is a procedure of which the disputants agree to end the arguments through a third party, the primary role of the third party here is to remain neutral while still facilitating the disputants. The World Trading System today consists of National laws, plurilateral and bilateral agreements which are recognised under International law and together they govern and provide for a case in the cross border conduct of states when it comes to the exchange of goods and services. The Uruguay Round marked the completion of multi-national trade negotiations which embarked on a new trade revolution and an International Institution based of what is called today the World Trade Organisation. This institution works on trade and trade related areas of the global policy making and more so it has fostered avenues for integration and the development status of...