Guandaru Thuita & Co. Advocates

25/09/2024

In days gone by, it was rare to hear that a Statute or even a regulation had been declared unconstitutional. Of late however, the declaration of statutes as unconstitutional by the High Court is so commonplace that it has become the norm. According to a compilation done by the Kenya Law Reports at https://www.kenyalaw.org/kl/index.php?id=8662 more than 80 provisions of the law have since been declared unconstitutional. These do not include the recently pronounced decisions on the Privatization Act and Finance Act 2023. The main reason cited has been lack of public participation. The trend is worrying and it is high time that Parliament considers how it passes Bills. As a matter of fact, even private entities are having their instruments declared unconstitutional. For instance, Justice Rika of the Employment and Labour Relations Court Nairobi about 4 days ago in Mark Ngugi Mwaura Vs. G4S recently declared manuals prohibiting office romance as unconstitutional.

24/09/2024

For the Office of the Director of Public Prosecutions Kenya to gain confidence of kenyans and all court users, it must stop acting like an extension of the Kenyan Police. It needs to cease being a rubber stamp of every charge/count brought by the Police and independently evaluate every case before deciding to prosecute. A lot of malicious prosecution cases are costing tax payers millions due to abdication of responsibility by the ODPP and officers under him.

05/08/2024

When one appears virtually in courts especially at the Milimani Law Courts, it is not unusual to end up getting confused as there is either no cause list or the cause list being followed by the court is different from the one posted on Kenya Law or the Causelist website or the court is having multiple cause lists for various divisions or the court is calling out matters randomly without following a cause list. The court in this image has adopted features that enable one to see the cause list being followed in real time thus making kuchanganyikiwa a thing of the past. other courts should borrow a leaf.

25/06/2024

Know your law - Article 241 (3) (b) of the Constitution which has cited by CS Defence in his Gazette Notice allows the KDF to be deployed to assist other authorities in case of emergency or national disaster. No state of emergency has been declared. The CS only calls it a security emergency. The CS has avoided the more applicable Article 241 (3) (c) which allows KDF to be deployed in areas where there is unrest or instability. The mischief the CS has avoided is the mandatory Parliamentary Approval required before deployment under Article 241 (3) (c). The only thing required of Parliament under Section 31 of the Kenya Defence Forces Act is to be informed of such deployment but there is no provision for it to do or not do anything about it. The status is now that ALL areas in Kenya are to be overseen the military and not just a single area. The deployment is indefinite and the Terms of Reference (TORs) are also vague. Parliament has no role to approve or reject such deployment under the provisions mischievously adopted by the CS. The other shortcomings of the Deployment is that there is nothing to show that it has been approved by the Defence Council as required by Section 20 (1) (ga) of the Kenya Defence Forces Act. In addition, the purported deployment does not comply with Section 35 (9) of the Kenya Defence Forces Act which requires the military officers involved to be trained appropriately prior to such deployment. It will be interesting to see whether the courts will have the spine to point out the various mischiefs employed by the executive in this deployment and to quash the decision that has just made Kenya a police state. iwe ngao na mlinzi

13/03/2024

Yes, Joseph Irungu alias Jowie has been sentenced to death for the murder of Monica Kimani. For those asking, the Death Sentence has not been outlawed in Kenya. It is still in the statute book and is not prohibited by the Constitution. The Supreme Court in the famous Muruatetu decision only decided that the Death penalty was not mandatory contrary to previous holdings of all other courts below. Lady Justice Nzioka therefore had the discretion to impose any sentence she deemed fit ranging from one day sentence, through life to death sentence. She found Jowie's actions gross enough to warrant the death sentence. Jowie can now appeal against both his conviction (finding of guilt) and sentence - if he so wishes.

10/10/2023

Happy Utamaduni day to all our clients

02/09/2016

https://youtu.be/-AEhS5LOL4o Our local teams should learn to be tactful and patient.

Kenyan premier league giants AFC Leopards head coach Ivan Minnaert has been fired, following a series of poor results that sees the team on the 10th position...

30/06/2016

Dirty politics of dishing out money
http://guandaruthuitalaw.co.ke/blog/category/politics/politic-of-dishing-money

The election fever is progressively increasing in every Kenyan mind. The Politicians are positioning themselves for the election while the voters are readying themselves for the windfall that comes with it.

08/05/2016

Happy Mothers day to all mothers

27/04/2016

https://www.youtube.com/watch?v=OM7qZNmzP-E

Political analyst and Advocate Guandaru Thuita sheds more light on the IEBC stalemate by CORD Watch KTN Live http://www.ktnkenya.tv/live Watch KTN News http:...

15/03/2016

What is it with EACC and Governor Wa-Iria? It seems a soft target for harassment was found by the Commission. EACC should recognise that he is an elected leader and regardless of whether he has committed crimes or not, he should be handled with some decorum

02/10/2015

I can hardly believe that our Judges want to cling to their positions till they are 74. NKT