The Parklands Diary

                                                    Image on Google In the wake of 2010, Kenya promulgated a new constitution that championed key developments in her legal system such as the Bill of rights, Devolved government, Leadership integrity and many more. In the legal practice, Article 159(d) of the Constitution of Kenya has since been dominant and hegemonic over the Courts decisions and dispensation of justice. The tenets of the Overriding Objective rule require justice to be affordable, expeditious and fair; a vehicle that has been used for Courts active case management. In the modern civil justice, (not only in Kenya) emphasis has therefore been put on substantive law as compared to order in the legal practice or the procedural laws. This is evident in various courts’ pronouncements and directions that has so far strengthened the wide application ...

Image by rawpixel.com on Freepik In Kenya, the month of June is one with great significance as it marks the beginning of a new financial year. This is usually characterized by the enactment of a novel finance act that is set to determine various economic factors of the country, for instance, the cost of living, for the next 12 months. This year, the finance bill that was presented to the national assembly was not received with much enthusiasm by the citizens of Kenya as well as a faction of the legislators, most of whom belong to the current opposition coalition, Azimio la Umoja.   The Constitution of Kenya 2010 under Article 37 empowers every Kenyan citizen with the right to, “peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.” Hence, while several parties including the senator of Busia County and popular activist, Honorable Okiya Omtatah filed petitions in court challenging ...

Image by Freepik T he first time I heard of cancel culture was when I was eavesdropping on my brother. See, he was leading a Bible study group from church, and the topic that night was contemporary issues of the early 2020s in relation to Christian teaching. I wasn’t really interested in what was going on until I overheard things like, "God is the supreme judge" and "Love your neighbor." Then they would proceed to coin terms like "Solomonic wisdom" and "apologetics sickening." From this discussion, I learned that when society forces people with some form of religious authority to take a stand involving a wrong in society, wisdom and apologetics guide that absolute standards may apply to bring those in offense to the book. In my law classes, this is one of the objectives of justice. Making sure people who break the law pay by applying certain principles and standards. Retribution in society brings order, and parties involved are said to be satis...

Applying Therapeutic Jurisprudence to Alternative Dispute Resolution Mechanisms In his work "Notes for a Law Lecture," Abraham Lincoln declared, "Discourage litigation! Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser—in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There still will be business enough." When Wanjiku needs legal aid, she will turn to a lawyer for help and/or guidance. However, considering a lawyer's personality, everything is carried out tactfully and with ulterior motives: money! For a lawyer, there is always a competition to win. Attention is drawn away from the client and moves to the lawyer. Wanjiku blindly agrees with everything the lawyer says because there’s a clear power imbalance. Wanjiku knows nothing about the law or how things are done, so she has no choice but to comply. It is without ...