Joshua Malidzo Nyawa
@joshuamalidzo
¶Reader in Judiciaries,Comparative Constitutional law, Electoral Law, Human Rights Law, Administrative Law¶
You have started on a wrong footing: Art 19(3)(a)- Rights are not granted by the state Art 24(2)(c)- cannot limit a right so as to derogate from its core or essential content You cannot suspend the enjoyment of a right!
PRESS RELEASE ON PLANNED DEMONSTRATIONS BY KENYAN YOUTHS ON JULY 18, 2024
Here, SCORK said that public interest lies in the protection of rights. Today, COA relied on SCORK'S Finance Act ruling where SCORK adopted the state's chaos and loss argument as public interest.
SCORK issued a conservatory order stopping the construction of the Grain Handling facility. Interesting is its consideration of the public interest test, SCORK says that public interest is in the preservation of constitutional rights. Glad that the issue of losses didn't feature.
I think Selle and another vs. Associated Motor boat Company is the most cited decision of the Court of Appeal by the Court of Appeal. It earns the title much to @ochieljd's chagrin.
#hotoffthebench Interesting! Arbitration: The principle of autonomy of parties does not bar a party from appealing to COA, where one is challenging a procedural misdeed of a judge handling an arbitral matter such as whether a judge should recuse himself.
#hotoffthebench Land matters: SCORK will have a chance to consider its land jurisprudence (Dina, Torino & Sehmi) as COA certifies an appeal as GPI: Whether Dina applies to persons who purchase properties from chargees and how far should such persons investigate the title?
#hotoffthebench Fifth decision of the day: Building on Dina and Torino, SCORK holds that the doctrine of Innocent Purchaser for value Without Notice does not protect a purchaser of an illegally/irregularly allocated title over public land.
#hotoffthebench We do not have jurisdiction to stay our own judgments reiterates the Court of Appeal. The jurisdiction of the appellate court ends once it has issued a judgment.
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.
#hotoffthebench The twin mandatory requirements for advocates to join LSK and obtain CPD points in order to renew their practicing certificates are constitutional. COA agrees with Chacha J that LSK is a unique profession, and the requirements are necessary for self-regulation.
Courts are unable to differentiate between public interest and what interests the public
Including giving the rogue regime enough legroom to maneuver through creative interpretation of the law😇
Not really. There's so much a court can do. The blame should not be with the court but the political branches 🤣
Seeing this na I've been looking for what public interest means the entire day 🥲
Soon, the LSK should organize a forum to discuss the jurisprudence of the COA and SCORK on staying High Court decisions. Today, public interest means what the state says. 'There will be chaos' and oops, let us stay that decision.
Whose public interest? indconlawphil.wordpress.com/2023/08/04/gue…
THE COURT OF APPEAL GRANTS THE NATIONAL ASSEMBLY AND THE NATIONAL ROADS AGENCIES TEMPORARY RELIEF AFTER THE HIGH COURT DECLARED CERTAIN SECTIONS OF THE KENYA ROADS ACT AND KENYA ROADS BOARD ACT UNCONSTITUTIONAL, THUS STALLING DISBURSEMENT OF BILLIONS OF SHILLINGS FOR ROAD…
As the CoA found in the SLAA matter, public interest must always favour protection & upholding of the Constitution. Same views expressed by the SCOK in the Grain Handling judgment(?).
Court found a law to be unconstitutional, but public interest means state interest
Even when the stay effectively determines the substantive appeal, as happened in the Finance Act 2023 & SHIF Act. Matters not helped by decisions of SCOK to be just a mere spectator in this debacle.
Soon, the LSK should organize a forum to discuss the jurisprudence of the COA and SCORK on staying High Court decisions. Today, public interest means what the state says. 'There will be chaos' and oops, let us stay that decision.
For context, see how Court 1 deals with what public is public interest versus Court 2. Court 1 does not define what public interest means, just what the state says (&presumption of constitutionality of statutes). Court 2 invokes Con values and principles to determine it
In my 23rd Article today on the STANDARD P.16, I indict the Magistrate Courts in Kenya for failing the Constitutional test and dictates by imposing Exorbitant Bail Terms on the Poor. What appears as taking away the right by giving it to the Rich. May the @Kenyajudiciary reflect.
Once an IMEI number is linked with a mobile device and registered with a mobile network capable of linking with a mobile user’s personal data, it is personal data that requires protection under article 31 of the Constitution. new.kenyalaw.org/akn/ke/judgmen…
Now I will have to get the Barcelona Jersey Ah Rashyyyyy ⭐️
FC Barcelona and Manchester United have reached an agreement for the loan of the player Marcus Rashford until 30 June 2026. The agreement also establishes an option to buy the English forward.