Unravelling Towards Babel: Jurisdictional Controversies – High Court, Employment And Labour Relations Court & Environment & Land Court
< Back to Insights Unravelling Towards Babel: Jurisdictional Controversies- High Court, Employment And Labour Relations Court & Environment & Land Court It is most true that this Court will not take jurisdiction if it should not; but it is equally true that it must take jurisdiction if it should. […] We have no more right […]
Towards Understanding The Bar Against The Enforcement Of Illegal Contracts
< Back to Insights Towards Understanding The Bar Against The Enforcement Of Illegal Contracts I While it seems a truth universally acknowledged elsewhere, Kenyan Courts are oblivious of it. The state of the law in respect to the illegality defence has been a bit of a mess. Commenting on the foundation case of Holman v […]
Charges Over Books Debts – Subversives In Robes?
< Back to Insights Charges Over Books Debts- Subversives In Robes? A. Amoko I It seems self-evident that any commercial lender (almost invariably a bank) anxious to make a buck would like to see the borrower (almost invariably a limited liability company) if a trader, make a profit from which such greedy lender could claim […]
The Fragility of Judicially Crafted Constitutional Protection of Abortion Rights
< Back to Insights The Fragility of Judicially Crafted Constitutional Protection of Abortion Rights “[A] T our foundation, ‘at the very bottom,’ there is clearly something that will not learn, a brink wall of spiritual fatum, of predetermined decisions and answers to selected, predetermined questions. In any cardinal problem, an immutable ‘that is me’ speaks […]
