US health deal: The law is strict on transfer of data out of Kenya

The Data Commissioner needs assurance that the receiving country upholds comparable legal principles, ensuring personal data remains shielded from misuse, unauthorised access, or exploitation.

By Ndong Evance 1 month ago

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Courts and judicial temperament in Kenya

When the Judiciary forgets this moral axis, justice is demeaned.

By Ndong Evance 1 month ago

Land fraud in Kenya and prophetic task of 'due diligence'

The recent Supreme Court decisions on land and the most recent High Court decision that stripped Equity Bank CEO James Mwangi of ownership of land claimed by the Magugu family.

By Ndong Evance 2 months ago

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Why Constitution needs a Legal profession rooted in social justice

Kenya urgently needs a legal profession that believes in social engineering, one that sees law not as a tool for privilege.

By Ndong Evance 2 months ago

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How soldier's court win emphasises freedom of religion in the military

The Court of Appeal, in a decision steeped in principle and courage, answered in the language of constitutional transformation.

By Tobias Alando, Ndong Evance 2 months ago

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Why hiring and firing of vice-chancellors is often contentious

From Nairobi to Eldoret, Egerton to Kisii, corridors have whispered of suspensions, court orders, reinstatements, and hurried replacements

By Ndong Evance 2 months ago

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Why Raila Odinga never lost faith in courts despite painful legal defeats

It was not the language of defeat but the language of a democrat who understood that even flawed institutions must be strengthened through faith, not fury.

By Ndong Evance 2 months ago

Raila, the strong defender of devolution and gender justice

Through decades of struggle, exile, detention, and reform, Raila's political vision has remained anchored in the dispersal of power through devolution and the pursuit of gender equity.

By Ndong Evance 3 months ago

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Raila stretched court limits and entrenched constitutionalism

Raila Odinga's involvement in electoral disputes was not merely about personal ambition; it was a contest over the integrity of institutions.

By Ndong Evance 3 months ago

Yes, you can be moved from witness stand to the dock

The line between the witness stand and the dock may sometimes shift, but it must never do so at the expense of the Constitution's promise of justice for all.

By Ndong Evance 3 months ago

IEBC must embrace proactive communication ahead of 2027

Too often, the IEBC waits until rumors, half-truths, and political spins dominate the public space before it clarifies its position.

By Ndong Evance 3 months ago

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Why you would be in trouble if someone dies after meeting you

If a person was last seen alive with someone, and shortly thereafter is found dead, the burden falls on that companion to explain what happened in the intervening period.

By Ndong Evance 4 months ago

Populist, generalised attacks slow down judicial reform

Instead of reasoned, evidence-driven discourse, political and social actors increasingly rely on emotionally charged rhetoric and social media disinformation to delegitimise courts.

By Ndong Evance 4 months ago

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Why KRA looks at firms' bank deposits as taxable income first

In Kenya, one of the most common disputes between businesses and the KRA is whether money deposited into a company's bank account should automatically be treated as taxable income.

By Ndong Evance 4 months ago

Reject Bill that will allow State to have authority over the pulpit

By allowing an executive committee to block websites and censor sermons under the guise of stopping "extreme" practices, it obliterates the principle of separation of powers.

By Ndong Evance 4 months ago

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15 years of the Constitution: Kenya's journey of promise and paradox

Fifteen years after its birth, the 2010 Constitution remains both Kenya's boldest achievement and its most unfulfilled covenant.

By Ndong Evance 5 months ago

Prenup: Perfect shield against matrimonial property battles

A prenuptial agreement is simply a contract that two people sign before getting married to decide what will happen to their property if the marriage ends, whether through divorce or death.

By Ndong Evance 5 months ago

Supreme Court has protected devolution through its decisions

Twelve years on, devolution remains a living reality in large part, albeit with challenges, because the Supreme Court has defended it with clarity, courage and constitutional fidelity.

By Ndong Evance 5 months ago

Employees who admit guilt can be dismissed without a hearing

The employer must act as a quasi-judicial authority, balancing the need to enforce discipline with the duty to uphold fairness.

By Ndong Evance 5 months ago

IEBC can facilitate recall of MPs even without an enabling law

The electorate under Articles 97 and 98 have the right to recall the MP representing their constituency before the end of the term of the relevant House of Parliament.

By Ndong Evance 5 months ago

Magistrate courts punishing the poor with exorbitant bail terms

Bail terms for arrested protesters and those charged with petty offences border on punitive excess, guised as judicial discretion.

By Ndong Evance 6 months ago

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Why Passaris' Bill on public demos is unconstitutional

Demonstrations outside Parliament or the Judiciary can be critical in influencing policy or highlighting miscarriages of justice

By Ndong Evance 6 months ago

Mugonyi has no constitutional powers to stop media coverage

The recent directive by Communications Authority of Kenya to suspend live media coverage of the Gen Z protests is an affront to Article 34 of the Constitution.

By Ndong Evance 6 months ago

Citizens not duty-bound to give the State reasons for a protest

You cannot ask citizens to choose between security and liberty, between order and expression, between business and protest.

By Ndong Evance 7 months ago

EACC has completely neglected its ethics enforcement role

Kenya has long lived in a path where the polity does whatever pleases them once ingrained in power, they act whimsically with reckless abandon.

By Ndong Evance 7 months ago

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Why Finance Bill is not an Annual Constitutional requirement in Kenya

While the Public Finance Management (PFM) Act, 2012, provides for an annual Finance Bill, the Constitution itself contains no such obligation.

By Ndong Evance 7 months ago

Investigative agencies should reject political manipulation

Politically-timed arrests create a dangerous paradox that becomes increasingly difficult to distinguish a genuine fight against corruption from political theatre.

By Ndong Evance 8 months ago

Why Kenya should rethink presidential pardon powers

A presidential pardon does not undo the conviction, it just provides for a shorter sentence for the offence committed.

By Ndong Evance 8 months ago

What MPs should do to avoid people's wrath over Finance Bill

The people must first be empowered with knowledge so that their opinions are informed, not reactive. This duty lies squarely with government agencies.

By Ndong Evance 8 months ago

Task forces aren't created to find truth; they are designed to delay justice

The history of Kenya's governance is littered with these entities which are quick convenient ghost ships of reform that never dock.

By Ndong Evance 9 months ago

The touch, joke that cost bank manager his job

A touch to the neck and waist, a pat on the back, all while overseeing cash balances at the tellers. Innocent in task, perhaps. But not in contact.

By Ndong Evance 9 months ago

Why school managers should be extremely careful with children's data

The law demands explicit, informed consent for the processing of minors' personal data. This is not an optional bureaucratic nicety. It is a non-negotiable legal prerequisite.

By Ndong Evance 9 months ago

Why all candidates' scores should be made public after IEBC interviews

The IEBC commissioners' interviews run the risk of exemplifying this persistent challenge.

By Ndong Evance 9 months ago

Widow's humiliation and the shame of our deeply patriarchal society

The Nyamira widow's humiliation is a reflection of the deeply entrenched patriarchal character of our nation where women are still seen through the lens of men.

By Ndong Evance 10 months ago

Stand up and resist State's unconstitutional silent gag on Kenyan media

By financially starving independent journalism, the government is attempting to control public narratives and silence dissent.

By Ndong Evance 10 months ago

How court misstep in Uhuru case dimmed the promise of Chapter Six

A leader must meet a higher test that goes beyond legal technicalities and speaks to the spirit of leadership. Leadership is not a criminal trial but a sacred trust.

By Ndong Evance 10 months ago

Let Judiciary take control of its narrative after false Waititu case claims

The recent decision in the Ferdinand Waititu corruption case is a sobering reminder that while justice may be blind, the public is not and neither is social media.

By AFP, Ndong Evance 10 months ago

Wetang'ula's defiance of court decision and the Kenyan curse

National Assembly Speaker Moses Wetang'ula's blatant defiance of a High Court decision which affirmed Azimio as majority in Parliament is a textbook of the erosion of the rule of law.

By Ndong Evance 10 months ago