The Interface between the New and the Previous Land Laws in Kenya: Is there a Philosophical Shift?

by | Aug 9, 2025 | ANUL, ANUL 2013 I1

The Interface between the New and the Previous Land Laws in Kenya: Is there a Philosophical Shift?

Authors Tom Ojienda and Mathews Okoth

ISSN: 2521-2613
Affiliations:LLB (University of Nairobi), LLM (King’s College), LLD (UNISA), Associate Professor of Law, Moi University School of Law; Advocate of the High Court of Kenya; LLB (Hons) (Moi University), Dip Law (Kenya School of Law), MBA Candidate (Edinburgh Business School); Advocate of the High Court of Kenya.
Source: Africa Nazarene University Law Journal, 2014, Issue 1, p. 107 – 121

Abstract

The Constitution of Kenya 2010 sought to redress the perennial problems associated with land access, use and management in Kenya. Consequently, Parliament has enacted statutes to operationalise Chapter Five of the Constitution dealing with land and the environment. The Land Act, for example, allows for conversion of public land to private land with the approval of either the National Assembly or County Assembly. However, the circumstances for granting the approval are not circumscribed with certainty, thus susceptible to abuse. Again, although the Constitution provides that the maximum period in which non-citizens can hold land in Kenya is 99 years, the Land Act fails to specify whether the period runs from when existing titles held by non-citizens were granted, or from the date of promulgation of the Constitution. The truncation of leaseholds that are for periods longer than 99 years will no doubt present myriad property rights claims, and a framework ought to have been laid out on how to redress such peculiar claims. In light of the foregoing, this article evaluates the interface between the new and previous land laws in Kenya with a view to establishing whether the latter are a philosophical shift from the former. The article seeks to achieve this objective principally by analysing the extent to which the new land laws address the issues that informed land reform in the first place.

The Prosecutor v Thomas Lubanga Dyilo: Emerging Jurisprudence on the Principles of Reparations for Victims of International Crimes

by | Aug 9, 2025 | ANUL, ANUL 2013 I1

The Prosecutor v Thomas Lubanga Dyilo: Emerging Jurisprudence on the Principles of Reparations for Victims of International Crimes

Author Colbert Ojiambo

ISSN: 2521-2613
Affiliations: LLM (International Trade and Investment in Africa) University of Pretoria, LLB (Honours) University of Nairobi; Lecturer in Law at the Africa Nazarene University; Advocate of the High Court of Kenya
Source: Africa Nazarene University Law Journal, 2014, Issue 1, p. 122 – 129

Abstract

None

Remote commissioning—Signing an affidavit in the “virtual presence” of the commissioner of oaths

by | Aug 4, 2025 | SLR, SLR V35 I3

Remote commissioning—Signing an affidavit in the “virtual presence” of the commissioner of oaths

Author: Ciresh Singh

ISSN: 1996-2193
Affiliations: LLB LLM PhD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 221-237
https://doi.org/10.47348/SLR/2024/i3a1

Abstract

Advances in technology since the turn of the millennium have resulted in technology being infused into all spheres of life. Most, if not all, human functions can now be performed with the use of technology. The law has not been immune to the influence of technology and legislation has been implemented, both abroad and domestically, to encourage the use of technology in law and commerce. Within the South African context, the use of technology was significantly accelerated during the Covid-19 pandemic. Despite the pandemic’s lockdown restrictions, technology allowed courts to conduct trials and other court applications virtually by making use of video conferencing. Technology also allowed contracts and agreements to be signed electronically, and notices and applications to be delivered or served via the use of electronic delivery mechanisms such as e-mail. Currently, there is some uncertainty as to whether a court affidavit can be signed and commissioned virtually. Section 10 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, read with regulation 3(1) of the Regulations Governing the Administration of an Oath or Affirmation of 1972, provides that an affidavit must be signed in the presence of a Commissioner of Oaths. While some courts have adopted a broad interpretation of section 10, and allowed affidavits to be signed and commissioned remotely in the “virtual presence” of the Commissioner of Oaths, other courts have not taken such a modern approach. Given that the Justices of the Peace and Commissioners of Oaths Act was promulgated over 60 years ago, the time may have come to amend it to allow for the remote signing and commissioning of court affidavits.

The rights of transgender children in South Africa to gender-affirming care in the form of puberty blockers

by | Aug 4, 2025 | SLR, SLR V35 I3

The rights of transgender children in South Africa to gender-affirming care in the form of puberty blockers

Author: Sophy Baird

ISSN: 1996-2193
Affiliations: LLB LLM
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 238-256
https://doi.org/10.47348/SLR/2024/i3a2

Abstract

The provision of gender-affirming care to transgender children has sparked significant discourse within medical, ethical, and legal realms. This contribution examines the evolving conceptualisations of children’s autonomy and decision-making capacity within the context of paediatric health care, with particular attention devoted to the unique challenges posed by gender dysphoria. It also investigates the legal landscape surrounding the rights of transgender children to access gender-affirming care. This contribution advocates for a rights-based approach that prioritises the autonomy and well-being of transgender children in the provision of gender-affirming care, while also acknowledging the complexities and ethical dilemmas inherent in navigating this terrain.

The concept of dominance through the lens of Babelegi and Dis-Chem [Discussion of Competition Commission v Babelegi Workwear Overall Manufacturers and Industrial Suppliers CC CR003Apr20 and Competition Commission v Dis-Chem Pharmacies CR008Apr20]

by | Aug 4, 2025 | SLR, SLR V35 I3

The concept of dominance through the lens of Babelegi and Dis-Chem [Discussion of Competition Commission v Babelegi Workwear Overall Manufacturers and Industrial Suppliers CC CR003Apr20 and Competition Commission v Dis-Chem Pharmacies CR008Apr20]

Author: Phumudzo S Munyai

ISSN: 1996-2193
Affiliations: LLB LLM LLD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 257-272
https://doi.org/10.47348/SLR/2024/i3a3

Abstract

This contribution provides an analysis of two landmark decisions of the Competition Tribunal in Competition Commission and Babelegi Workwear Overall Manufacturers and Industrial Suppliers CC CR003Apr20 and Competition Commission and Dis-Chem Pharmacies CR008Apr20. Arising from broadly similar sets of facts, and producing almost identical responses from the competition authorities, the decisions are significant for South Africa competition law, not only as the first to be considered under section 8(1)(a) of the Competition Act 89 of 1998 but also due to a range of novel issues arising from the cases and findings of the Competition Tribunal. While the judgments, which were handed down a few years ago, remain sensations in many competition law lecturing halls across the country, they have to date elicited a disappointing rate of return in terms of legal academic commentary and debate. This contribution provides an overview of the two decisions, focusing particularly on the Tribunal’s decision to avoid defining the relevant markets for purposes of establishing dominance, but concluding nevertheless that the two firms were dominant and ultimately that they had abused their dominance by charging excessive prices in violation of section 8(1)(a) of the Competition Act.