Public Participation and the Right to Development in Kenya

by | May 19, 2020 | ANUL, ANUL 2019 I1

Public Participation and the Right to Development in Kenya

Authors Anthony Wambugu Munene

ISSN: 2521-2613 Affiliations: Source: Africa Nazarene University Law Journal, 2019, Issue 1, p. 64 – 85

Abstract

The principle of public participation has for a long time been an important feature of human rights law especially with regard to the right to development. This principle has been significant in giving meaning to international human rights instruments and has been a constant theme in many declarations, recommendations and resolutions of the United Nations. At the African regional level, the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights have both highlighted the central role that participation of the beneficiaries in their development plays in the implementation of the right to development. Under the Constitution of Kenya 2010, the general rules of international law and treaties and conventions that Kenya has ratified form part of the law of Kenya. The Bill of Rights in the Constitution sets out several fundamental rights and freedoms with the caveat that it does not exclude other rights and fundamental freedoms not included in it but which are recognised and conferred by law, such as the right to development. This means that the right to development, as provided for in the United Nations Declaration on the Right to Development and the African Charter on Human and Peoples’ Rights, is a fundamental right known to Kenyan law and enforceable as such. The Constitution further sets out participation of the people as one of the national values and principles of governance in Kenya. This contribution explores the law, policies and practices on public participation as an enabling principle in implementation of the right to development in Kenya.

‘Great Expectations’: The National Industrial Court and its Prospects of Furthering Social Rights in Nigeria

by | May 19, 2020 | ANUL, ANUL 2019 I1

‘Great Expectations’: The National Industrial Court and its Prospects of Furthering Social Rights in Nigeria

Authors Nsongurua Udombana & Ngozi Udombana

ISSN: 2521-2613 Affiliations: Source: Africa Nazarene University Law Journal, 2019, Issue 1, p. 86 – 114

Abstract

The Nigeria Constitution 1999 makes the application of treaties contingent on their domestic transformation through a legislative enactment. This requirement, coupled with the question of justiciability, poses challenges to the judicial interpretation and application of economic and social rights, in particular. A recent amendment to the Constitution permits the National Industrial Court (NIC) to interpret and apply labour rights guaranteed in treaties, though they may not have been transformed into municipal law. Working on the premise that courts have a critical role to play in realising social rights, we argue that this development gives the NIC a rare opportunity to advance social rights. We call on NIC judges to boldly deploy their enhanced mandate to interpret the relevant labour-related treaties in ways that advance social rights in Nigeria.

The Dilemma of Electricity Pricing and Cost Recovery in Nigeria: Repositioning the Law to Balance the Interests of Investors and Consumers

by | May 19, 2020 | ANUL, ANUL 2019 I1

The Dilemma of Electricity Pricing and Cost Recovery in Nigeria: Repositioning the Law to Balance the Interests of Investors and Consumers

Authors Uzezi Okpoudhu, Dr Peter Kayode Oniemola & Dr Eddy Lenusira Wifa

ISSN: 2521-2613
Affiliations:
Source: Africa Nazarene University Law Journal, 2019, Issue 1, p. 115 – 137

Abstract

The Nigerian electricity sector has been privatised and is transitioning in a competitive market. The law requires that tariffs should be cost reflective, attractive to investors and affordable to consumers. The challenges of balancing the interests of investors and those of consumers have been a bane to the development of a competitive electricity market. The progress made in the African countries of Tanzania and Kenya is commendable. This article analyses the conflicting interests, and offers solutions on how the law could be employed to balance the interests of investors and consumers in the Nigerian electricity market.

Applicability of Alternative Dispute Resolution and Plea Bargaining in the Nigerian Criminal Justice System

by | Sep 28, 2019 | ANUL, ANUL 2014 I2

Applicability of Alternative Dispute Resolution and Plea Bargaining in the Nigerian Criminal Justice System

Authors LA Ayinla, GH Olusola, B Ayinla Ahmad

ISSN: 2521-2613
Affiliations: Lecturer, Faculty of Law, University of Ilorin, Nigeria; Research Associate; Lecturer and Head of Common Law Department, Kwara State College of Arabic and Islamic Legal Studies, Nigeria
Source: Africa Nazarene University Law Journal, 2014, Issue 2, p. 173 – 189

Abstract

This article discusses the applicability of two ‘informal’ approaches to the resolution of conflict: alternative dispute resolution (ADR) and plea bargaining. More particularly, the article examines the relevance of these two approaches to the Nigerian criminal justice system. Widely used as a means of resolving civil disputes, ADR also has a role to play in the achievement of criminal justice. The article examines this role in some detail. Attention is also given to plea bargaining in the context of the country’s criminal justice framework. The article proposes that the parties to a criminal dispute, and society at large, might benefit from a more extensive use of plea bargaining, which remains underdeveloped in Nigeria.

Legal Recognition of Customary Law Marriages Celebrated by Proxy: Perspectives from Nigeria

by | Sep 28, 2019 | ANUL, ANUL 2014 I2

Legal Recognition of Customary Law Marriages Celebrated by Proxy: Perspectives from Nigeria

Authors Osose Eidenoje

ISSN: 2521-2613
Affiliations: LLB Student, University of Nairobi, School of Law LLB (Hons) (University of Benin, Nigeria); BL (Hons) (Nigerian Law School, Abuja); LLM Candidate (University of Benin, Nigeria)
Source: Africa Nazarene University Law Journal, 2014, Issue 2, p. 148 – 172

Abstract

This article examines the essential and formal requirements for the celebration of a valid marriage contracted under customary or indigenous law in Nigeria, with comparative analysis of the practice in similar Commonwealth countries, and common law jurisdictions. The celebration of a customary marriage by proxy in Nigeria is analysed against the backdrop of the various tests for the validity of customary law. The decision of the Nigerian Court in the case of Ogunremi v Ogunremi, which has been cited by many in justification of the practice of celebrating customary law by proxy, is briefly analysed. The views of the author are that, in order to determine the validity or otherwise of proxy marriages, one has to look beyond the Ogunremi decision. In addition, a marriage celebrated by proxy should be regarded as valid in Nigeria if such mode of celebration is permissible under the extant laws or prevalent customs of the place of celebration, even if it is within a foreign jurisdiction. Further, that the right to marry is an inalienable constitutional and international human right, a fact that Nigerian authorities should recognise in relation to proxy marriages. Reference is made to the toleration of proxy marriages under other legal systems and foreign jurisdictions. The article concludes that the celebration of a customary law marriage by proxy is consistent with legal provisions in Nigeria and recommends, among other things, that such marriage should be recognised by Nigerian authorities.

Family Law Reforms in Kenya: A Feminist Critique

by | Sep 28, 2019 | ANUL, ANUL 2014 I2

Family Law Reforms in Kenya: A Feminist Critique

Authors Yohana Gadaffi, Nancy Baraza

ISSN: 2521-2613
Affiliations: None; Senior Lecturer, Department of Public Law, University of Nairobi, School of Law
Source: Africa Nazarene University Law Journal, 2014, Issue 2, p. 126 – 147

Abstract

Over the past couple of years, there have been a number of reforms to the family law regime in Kenya. This began with the promulgation of the 2010 Constitution of Kenya, which set in motion the process of amending a number of laws so as to ensure their conformity to the new constitutional dispensation. The article focuses on the constitutional provisions as well as the new laws which have been enacted to govern the private sphere (family) in Kenya. In addition to the Constitution, the article focuses on the Matrimonial Property Act of 2013, the Marriage Act of 2014 and the Protection from Domestic Violence Bill of 2013. It discusses these items of legislation through a feminist critique. It specifically utilises radical feminism and narrows down to the male dominance theory advanced by Catharine Mackinnon in an effort to highlight how the laws have previously been discriminative against women. The article equally highlights how the new laws as well as the constitutional provisions will go a long way in correcting the power imbalances between men and women in the private sphere. In doing so, it weaves together various decisions of the courts to illustrate how the judicial institutions are already applying these new laws. Ultimately, the article concludes that the enactment of these laws is a step in the right direction, one which was long overdue but which will go a long way in dealing with male dominance.