Kenson Mutethia

I have posted a Draft Commentary on The Supreme Court's recent Decision on Article 24(4). In this Commentary, I have explained why I have deliberately characterized Fatuma as a bold decision and why in my view it is Sound. The Draft can be accessed here:papers.ssrn.com/sol3/papers.cf…

May God Bless Pupil Masters who take in Pupils, and train them to be excellent!

Advocates un-admitted assistants and clerks should not bow to any court. This privilege, is by custom, restricted to Members of the Bar appearing before the Court (LSK Digest of Profesional Conduct and Etiquette, 2000 Rule 9). Eeii Yaaawa 🤣

For the avoidance of doubt—Faith Ndubai was recognised as the Best Overall Speaker at the Nuremberg Moot Court!🏆 Hats off!👏 #KabarakPride

Appeals arising from arbitral proceedings are entertainable without leave on decisions or applications made at the High Court, other than on the arbitral award itself for – which there must be leave. If a Judge refuses to recuse, for instance you don't require leave to appeal.

CoA has upheld Mwita's Judgment that dismissed a Non-Advocate's Petition that challenged the mandatory requirement for Advocates to be members of LSK and to obtain CPD points before renewing their PCs.CoA agrees with the HC that the regulation of the profession is constitutional.

I remember reading the infamous 'High Flyer Series' Trademark case for infringement of trademark & passing off for my Bar Exams. The Dispute has finally come to a still end after CoA refused to certify the intended Appeal to SCORK. CoA held that the law on Trademarks is settled.

I've seen this issue arise severally and Advocates should take judicial notice by now: The Court of Appeal does not have jurisdiction & it is restated so severally, to stay its own Judgments. Theres no equivalent O42 R6 in CoA Rules by which you stay HC & Subordinates Judgments.

One thing that makes studying Supreme Court cases interesting is that the Justices are human. The pieces never fit together perfectly; there are always odds and ends.

The Supreme Court's Finance '23 Judgment is the most consequential decision on Kenyan Courts role in Policy & Governance. I've expressed my few misgivings about it but largely I reckon it's not an overtly reckless decision except, the Decision was designed for serious Government.

Kenson, You deserve the descriptions given. I enjoy reading your analysis. Dont stop writing. Keep it up and congratulations

Current conclusion: Out of all the levels of schooling, a bad undergrad experience does the most damage to what you could become

So glad to have successfully completed my 6 months of pupilage under amazing tutelage, submitted my workbook and cleared with KSL. ATP has certainly been a worthwhile thrill. Totally recommend 😅

Aluochier is staking his argument on the constitutional text specifically Article 99(1)(c) and positioning himself as the only one who met the eligibility criteria for Speaker of the Senate. It's a bold legal interpretation, and on the face of it, not entirely baseless.

Non-justiciability is comprised of three doctrines– political question doctrine, the constitutional avoidance doctrine and the ripeness doctrine. NB:None of these doctrines bars a court from interrogating whether the Executive or the Legislature has violated the Constitution.