Mbilo

Advocate of the high court of Kenya 🇰🇪

[Mbilo @MissMbilo]

@Asamoh_ @CJMarthaKoome Njurisprudence

[Ombudsman Kenya @KenyasOmbudsman]

Cabinet Secretary, Ministry of Youth Affairs, Creative Economy and Sports Urged to Release Information Make Report Public

[KNCHR @HakiKNCHR]

Has your loved one gone missing during the recent wave of protests in Kenya & you have not been able to trace them?
Contact @HakiKNCHR on:
SMS: 22359
TOLL FREE: 0800 720 627

[Mbilo @MissMbilo]

@gabby_yego Hello Gabby
Please file a complaint with @KenyasOmbudsman

[TheRealMvitaOne @FauzKhalid]

When I say Mombasa can turn to cirlinary tourism,I know what I say and I know the potential that we have as a county

For instance in Nyali,opposite Garden Estate,there is a reataurant named Chip and Dip,they have great food and they deliver every where in amd around Mombasa

[Zakheem Rajan - The Paparazzi @zakheem_rajan]

Law students, if you find yourself stuck in traffic, don't fret. Simply park your scooter and delve into a decision from the Supreme Court of Kenya.

There was no Limitation of Time for matters Founded on Violation of Fundamental Rights and Freedoms.

Wamwere & 5 others v Attorney General (Petition 26, 34 & 35 of 2019 (Consolidated)) [2023] KESC 3 (KLR) (Constitutional and Human Rights) (27 January 2023)

Brief Facts
On February 28, 1992 a group of women, most of whom were related to persons incarcerated for politically instigated offences together with their supporters congregated and camped at a section of Uhuru Park, freedom corner in Nairobi.

The mothers and their supporters participated in a demonstration by going on a hunger strike to urge for the release of the then political prisoners.

The appellants contended that they were amongst the demonstrators. They further alleged that on March 3, 1992 while going on with their peaceful demonstration, they were brutally attacked and assaulted by over 100 police officers and General Service Unit (GSU) officers. the appellant sort legal redress before the High court.

The High Court found that the appellants had not given any reasonable explanation or justification for the delay in filing their petitions and that they had not established their allegations of torture; and more so, since there were no medical records or treatment notes to substantiate their claim of being tortured over a long period of time.

The court also held that the 1st appellant had not proved ownership of the properties she claimed had been demolished.

Aggrieved, the appellants filed appeals in the Court of Appeal. The Court of Appeal dismissed the appeals and held that the appellants had not adduced any tangible evidence to support the allegations of torture or violation of the 1st appellant’s right to property.

Further aggrieved the appellants filed the instant consolidated appeals. 

Issues
i. Whether there was limitation of time in matters relating to violation of rights under the Constitution. 

ii. Whether the Constitution of Kenya, 2010 was applicable to claims of violation of rights and freedoms before it came into force. 

Holding
i. The two superior courts below did not impose the limitation alluded to by the appellants. In point of fact, the two superior courts affirmed the position that the Limitation of Actions Act, cap 22 Laws of Kenya did not apply to causes founded on violation of rights and freedoms. There was no limitation of time in matters relating to violation of rights under the Constitution which were evaluated and decided on a case-by-case basis.

ii. Transitional justice claims were context sensitive. Courts ought to be particularly sensitive to the reasons adduced for the delay. At the same time, courts should balance the reasons for delay with the likely prejudice a respondent could face in defending the claim in line with the right to fair trial.

iii. There was a public interest element in allowing victims of alleged past gross human rights violations to access courts; that was, serving justice was the most effective insurance against future repression. 

iv. The Constitution  explicitly envisaged redress for historical injustices that occurred during the repressive era. In light of the dictate of Article 27(1) of the Constitution on equal protection and equal benefit of the law, all victims of historical injustices had to be treated equally and afforded an equal opportunity for redress. That chimed with the demands for harmonious interpretation of the Constitution.

Consolidated appeal partly allowed. A declaration issued that the appellants rights and freedom from inhuman treatment were violated and damages awarded.

[Andrew Lokenauth @FluentInFinance]

Every job interview ends with a Q&A.

But 99% of job applicants don’t ask good questions.

Here are 10 questions to get more job offers:

[Mbilo @MissMbilo]

@citizentvkenya What happened to his defilement case?

[Rt. Hon. Amason Jeffah Kingi, EGH. @HonAmasonKingi]

SENATORS SPARE GOVERNOR KAWIRA MWANGAZA

Senators have tonight cleared Hon Kawira Mwangaza, Governor of Meru County of seven charges brought against her in an impeachment motion by the County Assembly of Meru. The Senators, in a vote, determined that all the seven charges have not been substantiated.

[Mbilo @MissMbilo]

The Light is still on 💡@KawiraMwangaza get back to work
It is not you to accommodate those misogynist , it is them to swallow Egos and work with you. A win to the constitution of Kenya,2010👊

[Mbilo @MissMbilo]

@ledamalekina Thank you for calling it as to what it is , Shame!

[Mbilo @MissMbilo]

@Hon_Kiptoo Even removing a deputy governor from a WhatsApp group while he is typing is a ground of impeachment!
A degree ought to be mandatory for MCAS

[Chelsea FC @ChelseaFC]

OH MY WORD! 😳

[Řõððïę @Its_Roddie]

What You Need To Know About Germany Opportunity Card https://t.co/MOoTsD87L4

[PRI in Africa @PRIinAfrica]

Panel discussion on Gender mainstreaming in the criminal justice system: Lessons from Uganda and Kenya. @UHRC_UGANDA #BreakingJusticeBarriersforWomen @UgandaPrisons
@GCICUganda @UNODC_EA

[Ahmednasir Abdullahi SC @ahmednasirlaw]

Is it mere coincidence that the most vociferous and squeaky supporters of Mr. Brian Mwenda are Gov Sonko and Dr Francis Atwoli, two Kenyans who left school at class 7?

[Mbilo @MissMbilo]

@ahmednasirlaw I was looking forward to your comment 😂😂😂😂😂😂😂

[Omwanza Ombati @omwanza]

Data Breach, System Integrity and Public Confidence in Our Profession.

Dear Advocates.

Following my earlier statement Brian Mwenda and subsequent statement by LSK on the same, several facts and issues have arisen, and I believe we need a detailed conversation on the matter for the sake of restoring members trust in LSK and Public confidence in our beloved profession.

Facts/Issues Arising:

1. Infiltration and Identity Assumption:

Brian Mwenda infiltrated the LSK Portal and assumed the Identity of another Advocate. The LSK Statement confirms that Brian was allowed into the system, “Upon being allowed access to the account he took control of the portal and changed his profile picture, the workplace and applied and paid for the practicing certificate.” He planted his photo, phone number and ID Number on the real Brian’s account. As a result, the real Brian was not able to access his account.

2. System Integrity Concerns:

Brian's case highlights the pressing issue of LSK System Integrity. The primary method of verifying an individual's advocate status is searching them in the LSK Portal. The breach by Brian raises questions about the system's integrity, and we must consider the possibility of other such cases within the system. This poses a severe threat to the legitimacy of our profession, and the mere reliance on a portal search may no longer suffice for confirming advocate status.

3. Data Security:

We must be concerned about our data potentially landing in the wrong hands: fraudsters and masqueraders given that in the recent weeks, members have received calls from non-advocates asking for support for a current council member in the upcoming elections. This indicates that members’ data may have been used for a purpose other than the purpose for which it was obtained i.e service delivery to the members. We have every reason to be worried about who else apart from LSK may have our professional data.

4. Association with LSK Leadership

Brian Mwenda appears to have been known to the LSK Leadership. From the pictures we have seen from last year, He met the LSK leadership several times and even dined together. Brian Mwenda is also alleged to have been part of goons that were hired to disrupt the SGM at Panari.

5. Falsehoods and Impacts on the Profession:

False claims that Brian won 26 cases are being circulated. This misinformation tarnishes our profession and creates an erroneous impression that non-advocates can outperform advocates, undermining our livelihoods. It is disheartening that Brian is being portrayed as a hero while advocates are unfairly depicted as incompetent. The image of the Society and of the profession is now severely dented because of the public ridicule being meted out to advocates. The LSK statement released yesterday did not address the erosion of public confidence in our profession.­­

RECOMMENDATIONS FOR MOVING FORWARD

1. Complete System Audit: To ensure the safety of our professional data, a full audit of the LSK ERP and Members Portal is imperative. Anything short of a comprehensive system audit would downplay the gravity of the data breach.

2. Independent Oversight: With the LSK Portal potentially compromised and elections in the horizon, a full audit of the LSK Members Database is crucial. However, it is paramount that this audit is overseen by an independent party to give members confidence in the portal.

3. Restoring Truth and Confidence: The Law Society must act swiftly to clarify and confirm to the public that Brian Mwenda did not win any cases as alleged. This is important to debunk the circulating falsehoods about Brian’s winning 26 cases to re-establish the profession's credibility.

4. Criminal Accountability: That any individuals found to have assisted Brian Mwenda in gaining unauthorized access to the LSK portal should be held criminally liable.

Finally.
We must acknowledge the gravity of potential data breach and erosion of public confidence in our profession and we must remain steadfast in upholding the highest ethical and professional standards. We must push for protection of our data at LSK and weed out masqueraders within our profession as a matter of urgency

Sincerely,

Omwanza Ombati

[Steve Ogolla @steveogollaw]

Hon. Okiya Omtata routinely argues cases in court. He has never presented himself as an Advocate. The pressing problem with Brian Mwenda is IDENTITY THEFT. He stole someone's identity, and presented himself as an Advocate. Unfortunately, his fate is sealed by his own mischief.

[Mbilo @MissMbilo]

@ODPP_KE @citizentvkenya @NTVnewsroom @StandardKenya @KTNNewsKE @PeopleDailyKe @TheStarKenya @CapitalFMKenya @KBCChannel1 @K24Tv @NationAfrica Spot on @ODPP_KE 👏👏👏👏👏