In our last article on medical consent, we examined the repercussions of medical procedure(s)/operation(s) on patients without their informed consent. In this article we shall briefly examine ethical concerns revolving around forceful, mandatory or coerced medical tests. Our focus shall be on patients of HIV/AIDS and more particularly a preview of the recent declared pandemic,…
MALICIOUS PROSECUTION
Definition Oxford Law Dictionary defines malicious prosecution to mean “……The malicious institution of legal proceedings against a person. Malicious prosecution is only actionable in tort if the proceedings were initiated both maliciously and without reasonable and probable cause and they were unsuccessful. No one who has been convicted of a criminal charge can sue for…
Enforcement of Foreign judgments in Kenya
Introduction Foreign judgements are judgments that have emanated from another court in another country. For valid reasons, a party would want to have it enforced/applied in different A country. E.g the person they sued no longer resides in the country which judgement was delivered. In Kenya this is governed by the Foreign Judgments (Reciprocal Enforcement)…
IS ‘FORCED QUARANTINE’ LAWFUL?
In the wake of the global pandemic Corona virus (Covid -19), many countries have put in place measures such as lock-downs, curfews and rules on social distancing, hygiene e.t.c. to stop the spread of the virus (flattening the curve). Kenya has for instance enacted rules;- Legal Notices 36, 49, 50, 51, 52, 53 and 54…
MEDICAL CONSENT
Consent according to Black’s Law dictionary (8th Ed) is the ‘Agreement, approval, or permission as to some act or purpose, esp. given voluntarily by a competent person; legally effective assent.’ Article 43 (1) (a) the Constitution of Kenya provides that:- “Every person has the right to the highest attainable standard of health, which includes the right…
THE RIGHT TO PRIVACY: EMERGING ISSUES
Under the previous Article, we observed that there are certain instances where the Right to Privacy can be breached/challenged. Recently, there has been emerging issues that have posed a threat to the Right to Privacy. On 6th February 2017 the government through the Communications Authority intended to install a communication surveillance system named Device Management…
THE RIGHT TO PRIVACY
DEFINITION Privacy as defined by Wikipedia ‘is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.’ Privacy as defined by Merriam Webster dictionary is ‘the right of a person to be free from intrusion into or publicity concerning matters of a personal nature.’ Privacy as…
Cab Rank Rule
It is common in all religions, doctrines and philosophies that no wrong should go unpunished and persons who are suspected to have committed crimes have to face the full wrath of the law and pay for their sins. To the eye of the public, a lawyer’s moral compass is measured the moment they represent a…
ARREST
ARREST What is an arrest? Blacks Law Dictionary defines arrest to mean “A seizure or forcible restraint. The taking or keeping of a person in custody by legal authority, especially in response to a criminal charge…. the apprehension of someone for the purpose of securing the administration of the law, especially of bringing that person…
Kenya Depository Insurance Corporation Proposed increase of the protected deposit
The Kenya Depository Insurance Corporation (KDIC) is a corporation created under The Kenya Deposit Insurance Act, 2012. The object and purpose for its establishment under Section 5 is to provide a deposit insurance scheme for customers of member institutions and to receive, liquidate and wind up any institution in respect of which the Corporation is…