KENYAN JURIST

KENYAN JURIST

CHRISTMAS HOLIDAY

Finally, we have closed the office. Last month was hectic. Trying to collect fees, clients seeking to close loose ends. I was instructed to defend to two injunctions applications of Friday! One in Kisumu last Tuesday.

I appeared in the Court of Appeal to defend my colleague and former pupil who had committed to jail by the Hon. Justice Mary Mugo. The judge committed the advocate and his client to jail for contempt after they unsuccesfully applied for her to disqualify herself from hearing the application before her. Happily, the Court of Appeal stayed the committal stayed pending the hearing of the stay application in the next term.

Like most Kenyans I am going upcountry to commune with my folks. My holiday reading includes; Mao; the Untold Story by Jung Chang and Jon Halliday and The World is Flat: A Brief History of the Twenty First Century by Thomas Friedman.

I am also putting my thoughts on the the latest judgments delivered by the High Court exercising its jurisdcition conferred under the constitution commonly referred to as the High Court siting a constitutional court.

Best wishes everyone.

KENYAN JURIST

IVO

For those who have been eagerly holding their breaths in anxious expectation, the agony is over. Legal superstar, David Pannick QC performs his usual year-end public service announcing the further great heights scaled in the law this year, here.

KENYAN JURIST

NEW JUDGES

The President couldn't wake up to swear in new judges. What a shame! Am told that during Moi's time judges would arrive at statehouse in the wee hours of the morning to be sworn in.

Of the team picked, I think Mr Aggrey Muchelule meets my expectation. He has a solid grasp of the law and good command of the court room.

Ms Abida Ali Aroni had just been appointed a judge of the industrial court last month. Reliable sources inform me that she declined this job. The industrial court lacks the authority and stature of the High Court. Unlike the High Court which is a creation of the constitution and has "unlimited, original criminal and civil jurisdiction", the industrial court is a creature of the Trade Disputes Act and has limited authority to deal with trade disputes contemplated by that Act. In fact, an argument can be made that it is a court surbodinate to the High Court. Ms Abida was the chairman of the Constitutional Review Commission before its term expired.

I once appeared before Ms Florence Muchemi years ago when I used to do alot of running down cases in Kiambu. For those who remember, Kiambu was the place to go when filing accident cases. Before the Kwach Committee intervened to prevent the abuses prevalent in the filing and prosecution of accident cases, most the the accident cases occuring inNairobi were filed in Kiambu. Anyway, I did this matter where she awarded Kshs. 700,000/= general damages to the plaintiff. As her jurisdiction was Kshs. 500,000.00 she then held that the plaintiff contributed to the accident by 28.57%. The plaintiff got his judgment for Kshs. 500,000.00.