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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

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

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

SUCCESSION: Wills Part I

SUCCESSION: Wills PART I A will is a testamentary document that states how property shall be divided upon the death of a specific individual. The legal definition of a will is, “A document by which a person directs his or her estate to be distributed upon death.” A valid will helps a family avoid the

Lack of Jobs Myth

Majority of unemployed Kenyans are the youth. The biggest horror of a new graduate is tarmacking in search of employment after studying for four, six years or even more for the longer courses. Well, in Kenya it has become a rite of passage. You have to be mentally prepared for it. The few lucky graduates

PROVOCATION & MURDER: CRIMES OF PASSION

  MURDER: PROVOCATION & CRIMES OF PASSION CHAPTER 1 Every human being has a limit of tolerance to pain, humiliation, upset and stress. An impulse or a reaction is always instantaneous and can result in dire effects such as causing death. It is no surprise that accused persons in a murder trial use “provocation”; the
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At Mwangi Kihira & Co. Advocates we combine diverse knowledge in different specializations that allow exceptional customization of solutions for specific, unique client needs which enable us solve complex briefs fast with precision and strategy.

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Grand Motel Building
Ukunda, Kwale, Kenya
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