The Legal Edge

Following a dynamic change in the land reforms on land administration and management in Kenya The New Constitution of Kenya 2010, Article 61 has equipped us by providing a legal structure on what land is and land systems. It has also poses a great responsibility and obligation to the parliament to enact new laws in accordance to management and administration of such statutory laws include, the Lands Act, The Land Registration Act and The National Land Commission . Previously, past land regimes like, The Crown Ordinance, The lands Titles Act, Registration of Titles Act, Registration of lands Act, The Government Lands Act, The land control Act and the Indian Transfer Property Act were in existence, however they were repealed by the L ands Act (2012), Lands Registration Act (2012) and National Land Commissions Act (2012) , However still, this laws are still in play and are applicable in the background and has combined  all other  land systems  into  form  the ...

Where does the Bailiff get the Power to Execute u nder the Civil Procedure Code and u nder the High Court (Organization and Administration) Act ? 1. When there is a warrant for arrest to direct judgment-debtor to be brought up  [Order 22, rule 32.] Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be sooner paid. 2. Where the defendant may be called upon to furnish security for appearance ,    [Order 39, rule 1.] At any stage of a suit, other than a suit of the nature referred to in paragraphs ;- (a) to (d) of section 12 of the Act, the court is satisfied by affidavit or otherwise— (a) that the defendant with intent to delay the plaintiff, or to avoid any process of the court, or to obstruct or delay the execution of any decree th...

Challenges faced by Human Rights Defendants Considerations about the security of defenders often begin with physical security – that is, the bodily integrity and liberty of defenders and the security of physical spaces where they live and work. Protection actors who support defenders in their physical security often help them to analyse risks and threats, create security plans and help them to secure their work. Mental Impact : While recognising the significance of mental health issues amongst defenders and the impact of burnout on the sustainability and resilience of movements, there are concerns that this approach, when pushed upon individuals and groups in isolation, can inadvertently place heavy burdens on defenders. That is, it signals to defenders that not only do they need to adopt practices that keep them safe both physically and in the digital world, they are also expected to be psychologically healthy in the face of overwhelming odds and against cultures of human rights prac...

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...