Hawkers Welfare

Law at Africa Nazarene University. Part-time Hawker. Self-Appointed Hawker's Spokesperson. Let hawkers BE
Taking you step-by-step into hawker's daily struggles

[Hawkers Welfare @Nai_Hawker]

Great to know

[Jectone Oyoo @historykenya101]

It should be known that the colonialists reached a point that they knew they had 2 leave Kenya since they couldn't handle the Mau Mau war & the world was moving toward accepting independent Africa.However,the colonialists devised an evil scheme that still eats Kenya upto this day

[Charles Onyango-Obbo @cobbo3]

I see photos and videos of soldiers flexing muscle in West Africa. I've covered my fair share of conflict in this Mother Africa. Before the shooting starts, you will see all the show of force; soldiers pausing with big guns, wearing strange things, all those menacing military vehicles...then the rubber meets the road. You will be surprised.

Those tough fellows (many go into battle with civilians clothes underneath) will throw away the camouflage, the guns, and the boots, and flee into the forest or back to their villages. You will find piles of uniforms...and the barefooted guerillas who put them to flight loading up.

The sound of bullets hitting human flesh at scale is one of the most sickening things you will hear. On your first encounter, you will throw up, and shiver. Then the nerves calm down, and the adrenalin often takes over and keeps you going.

But war really is horrible. It is not a pleasant story for journalists to tell, though the glory that comes with telling it is irresistible. The one thing you learn is that it is very very hard to walk happily into death. Those tough guys, are often the most afraid and have a greater need to show they aren't. The really dangerous guys are often the shy unassuming ones, whom you overlook in the parade.

[Eugene O. Owade @owade_eugene]

Justice Laibuta, Ali-Aroni & Mativo in Civil Appeal No E103 of 2021 describe the Appeal as a "race to nowhere... to evade the course of justice and on a journey so long as to inspire distaste for our judicial
system." Some Counsels are chasing the bag no matter what @Ndonglaw043

[Mutanda Moses Musau. @MutandaLaw]

1.
The judgment delivered by Justice Kizito Magare in Civil Appeal No. E185 of 2023 pertaining to the Small Claims Court is judicial craft at its best.
It is common ground that the court cannot exercise appellate jurisdiction on judgments flowing from concurrent jurisdictions.

[Rashid Abdi @RAbdiAnalyst]

Somalis are the only people who have en masse abandoned their cultural roots and assimilated into another culture.

In my own lifetime I have witnessed the ruinous impact of that evolution on dress, manners, language, society, creed.

From a proud Cushitic race to faux-Arab

[David Ndii @DavidNdii]

Which is the bona fide?

[Harry Karanja, DTM @harrykaranja]

In a groundbreaking ruling, the High Court in Mombasa has created the following interim practice directions for #SmallClaimsCourt matters to achieve the "aspirational" 60-day timeline.

a. Before filing a small claim suit, the parties should ensure that they have all requisite details for service and effect service forthwith.

b. The court shall proceed forthwith to hear the matter.

c. The Civil Procedure Rules do not apply to the small claims court. Consequently, there will only be one mention, the first mention. If service is done, the parties shall proceed forthwith.

d. Given the facts that rules of evidence are relaxed, the court can have parties who are ready to testifyinstead of waiting for an absent claimant.

e. There shall be no mention to file submissions. I tested this aspect in this matter. On 25/7/2023, I gave the date for ruling for 31/7/2023. Parties wished to file submissions. I directed that they could file the same if they so wished. 2 days later I had comprehensive submissions.

f. The small claims court does not need to type its ruling before delivery.

g. Parties who wish to file submissions may file them together with their pleadings but it is enough that the court acknowledges them.

h. Whichever the case, submissions in the small claims court should never exceed 3 pages of font 12 size 1.5.

i. The court is encouraged to use provisions of section 30 of the small claims court for matters that are past 40 days.

j. For matters where the court has no jurisdiction strictly by dint of section 12 of the Act, the court ought to strike out not dismiss the claim.

k. In respect to objections, there are no obligations to have a reasoned ruling. It is enough to have an ex tempore written ruling decide the Application.

Read the full ruling here: https://t.co/TdBEMrb76w

[Joshua Malidzo Nyawa @joshuamalidzo]

#Hotoffthebench
Wonderful news from Mombasa:
Justice Kizito holds that the 60 days jurisdictional limit for SCC is aspirational. Interestingly( unlike the SCORK in Karua), he centres the decision on access to justice (art 48) and judicial authority (art 159) (1)

[Hawkers Welfare @Nai_Hawker]

@opol_francis @Disembe Leo umetweet bila chuki.

[Zinduko @Zinduko]

1. Such an embarrassment, @NationAfrica. Why would your editorial team degrade your brand by publishing this?
If an academic is to contribute to an intellectual debate about the weight of another academic’s contributions, one expects that the debate would engage the work itself.

[Ndong@Conslaw @Ndonglaw043]

For Public Law and Policy Analysts & Constitutional Enthuasists.@CaxstonePKigata @owade_eugene

[Hawkers Welfare @Nai_Hawker]

This song sends shivers down my spine

[Cyprian, Is Nyakundi @C_NyaKundiH]

Who was the young boy leading Kwe Kwe shambani song? https://t.co/LAzvx63UGx

[The Odira Odira @OdiraTeddy]

In a very progressive judgment by H. I Ongudi, we now have Individual liability for rogue police officers.

Case law; Petition No 217 of 2019. Moses Macharia Kigo v The Attorney General and 4 others

[Ochiengwally @ochiengwally]

4/4: I think the late Oki Ombaka and Atieno-Odhiambo would be impressed with the anti-autocracy orientation of the Judiciary. As to the other two institutions, I leave judgment to history.

[#LandIsNotProperty Mwalimu Wandia @wmnjoya]

I was called by the Oxford economist a one-trick pony, but on this matter of the imperial roots of our education, elitism and crony capitalism, I don't care what I get called. Our bad manners in politics came from somewhere.

https://t.co/5frEHtA09L

[Tali Israel Tali @taliisraeltali]

The President has blanketly commuted all death sentences to ‘life imprisonment’ which has recently been improperly declared unconstitutional by the Court of Appeal. This is yet again another recent development on sentencing in Kenya which in my opinion, is null and void.1/6

[Joshua Malidzo Nyawa @joshuamalidzo]

#hotoffthebench
What a progressive ruling by the magistrate on pre-trial detention application:
1. A Pre-trial detention application MUST be accompanied by a holding charge.
2. State must adduce sufficient reasons to justify the detention.

Wonderful!

[Nairobi Law Monthly @NLM_Magazine]

ARCHIVES: Can customary trust be implied?
https://t.co/cRO6yXAhz3

[Hawkers Welfare @Nai_Hawker]

@Disembe @RobertAlai Utaendelea na hizi rants Hadi kifo. Your hatred towards Kikuyus makes us want to keep you in that political cold forever.