Kenya

New Kenyan judgment shows difficulties for courts when adjudicating environmental matters

A cohort of judges has been carefully trained by Jifa to deal with environmental and climate change cases. But what if those who bring petitions to court, even those who may have a genuine case, don’t present evidence that measures up? The latest decision from Kenya’s environment and land court illustrates the problem.

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A new decision by Kenyan environment and land court judge, Anne Koross, illustrates some of the difficulties for courts handling environmental matters when litigants do not understand what is required in cases of this kind.

Health activist loses court battle for complete tobacco ban in Kenya

A spirited fight for tobacco to be completely banned on tobacco in Kenya has gone up in smoke: the constitutional and human rights division of the high court has refused a petition brought to overturn the existing laws controlling the production and sale of tobacco in Kenya. Instead, the unsuccessful litigant wanted tobacco to be outlawed completely to safeguard the health of that country’s people.

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Convinced that tobacco smoking poses a far greater health hazard than the government realised, Kenyan Ibrahim Mahmoud Ibrahim brought a high court application in 2019, asking for tobacco, in all its forms, to be completely outlawed.

Kenya’s independent electoral commission boss faces possible jail over contempt of court

The head of Kenya’s independent electoral and boundaries commission has been found in contempt of court and will be staring some serious punishment in the face when he appears in court for sentencing. An office technology company brought an application against commission CEO, Marjan Hussein Marjan, asking that he be fined and/or jailed for six months for having ‘deliberately disobeyed’ earlier court orders and a 2016 judgment to pay the company. The judge who heard the company’s application had some tough words for Marjan about heeding court orders.

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At stake in this application was Ksh 7,243,568 still owed by Kenya’s independent electoral and boundaries commission. This after the commission had run up a total debt to Office Technologies Ltd of Ksh 200,440,000 and the court gave summary judgment for this amount plus interest as from March 2013. Although some of the amount has been paid, the commission still owes a substantial sum and has been dragging its feet about payment.

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