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In another powerful statement on the QSN gender balance as enshrined in the Constitution, the courts have held that the GOK cabinet does not meet the required gender balance in the landmark decision.
Read https://t.co/r7YspbrM9Y
@mcpipita@mwendemacharia1
The 3 judge bench in Former Deputy President Gachagua’s case held that his “fair hearing rights under the Constitution were violated when the Senate denied an adjournment request while he was absent at its prosecution and that this breach warranted compensation (payable by the Senate) but not severe enough to nullify the entire process.’
***What is the cost for Violation of the Constitution ?
@mcpipita@iammwendenjage@iAmMARLONe
"The first thing we do, let's kill all the lawyers”
William Shakespeare-Henry VI, Part 2.
While often used today as a swipe at the legal profession, its original meaning was actually a compliment to the law.
@iAmMARLONe@iammwendenjage@mcpipita
Gitagama & 3 others v Wanjigi & another (Civil Appeal 388 of 2019) [2026] KECA 694 (KLR) (25 March 2026) (Judgment)
DK Musinga, Mumbi and Odunga.
Key Legal Protections- illegal detention of foreigners in Kenya-:- Article 49-Rights: -
Every arrested person, including tourists, must be informed of the reasons for their arrest and cannot be held for more than 24 hours without being produced in court.
Habeas Corpus: Detained individuals have the right to petition for an order of Habeas Corpus to challenge the lawfulness of their custody.
Arbitrary Grounds: Detention might occur if a visitor is wrongly suspected of being a "prohibited immigrant" or engaging in activities (like unauthorized work) that void their tourist status.
Recent guidelines emphasize that detention should be a last resort, advocating for "Alternatives to Detention" to prevent human rights violations. For tourists, staying informed and carrying physical copies of travel documents remains a critical defense against such rare but distressing encounters.
More insights? email [email protected] to get more & better detailed insight
@iAmMARLONe@iammwendenjage@ImmigrationDept
CASE OF THE WEEK
The case of personal identification in line of the competing interest of NDA's
While confidentiality obligations are generally upheld during and after employment (unlike stricter scrutiny for non-compete clauses under the Contracts in Restraint of Trade Act), courts may limit overly broad or indefinite terms to protect public interest or employee rights.
Breaches lead to disciplinary action, termination, or civil claims.
Employers should seek legal advice to draft enforceable NDAs that balance protection with fairness.
Non-Disclosure Agreements (NDAs) play a vital role in safeguarding business interests within Kenyan employment relationships.
https://t.co/FUoGGLytLV
@mcpipita@NationAfrica@StandardKenya@iammwendenjage
DATA & Kenya-LAW at your finger #tips
Kenya's Data Protection Act, 2019 (DPA), enacted on 8 November 2019 and effective from 25 November 2019, gives effect to Article 31 of the Constitution by safeguarding the right to privacy. Modelled on the EU's GDPR, the Act regulates the collection, processing, storage, use, and transfer of personal data by both public and private entities. It establishes the Office of the Data Protection Commissioner (ODPC) to enforce compliance, register data controllers and processors, investigate complaints, and impose penalties. Core principles demand lawful, fair, transparent, and secure processing with data minimisation. Data subjects enjoy rights to access, rectification, objection, erasure, and restriction. Supporting regulations issued in 2021 strengthen enforcement and civil remedies.
@citizentvkenya@nimrodtaabu@iAmMARLONe