For avoidance of doubt the Non-derogable rights are :
1. Fair trial/hearing
2. Right to an order of habeas corpus
3.Freedom from torture and cruelty and;
4. Freedom from slavery and servitude.
In no particular order, remember them. Article 25.
Yesterday on behalf of a client we filed the first Marex tort claim in Kenya. We filed a suit for Kshs 5.7 billion (about US$ 45 million) against a leading commercial bank in the East African region. The Marex tort was developed by the English Supreme Court and states that where a third party gatecrashes into a suit between the parties at the stage of executing a decree and tries to help the judgment debtor delay or escape execution, the decree holder has a claim for damages againt the said gatecrasher. The Marex tort insulates the court decree againt "sponsored, mercenaries and robbers barons" hired by the judgment debtor to defeat the decree issued by court.
@abdulnassir21@MutandaLaw Safety of the accused is also a determining factor, who is to say if they are released on bail they will be alive by September?
There is a disturbing trend of young lawyers trying to be concise.
A 2nd-year drafted an executive summary for a banking client using bullet points and plain English.
She proudly stated that she reduced a 50-page compliance memo into a 2-page brief.
I asked her if she thought the client was paying $950 an hour for brevity.
She muttered something about respecting the CEO's time.
I explained that clients don't pay us to solve their problems quickly.
They pay us to make their problems look so incomprehensible that only we can solve them.
I made her rewrite the summary using dense, impenetrable legalese.
It took her 12 hours to bury the conclusion on page 42.
The client called me the next morning to thank us for our incredibly thorough analysis.
Clarity is a customer service concept.
We are in the business of intellectual intimidation.