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DOES A REVOLUTION BEGET ITS OWN LEGALITY

A revolution is a term used to describe the action of a New Order taking over an Order already in existence: it is when something new takes over the old. A country is said to have undergone a successful revolution when a new government takes over an old government. The revolution can either be violent and bloody or it can be peaceful. Kenya for instance underwent a peaceful in the year 2002 when a new regime NARC took over the old regime KANU which regime had been in existence since independence of Kenya from the British colonialists. According to Hans Kelsen, a norm is validated by a higher norm which is in turn validated by another higher norm. This chain of validity stretches back to the grund norm . In law this basic norm is the constitution of the state. In his general theory of the law and the state, Kelsen states that , “it cannot be maintained that legally, men have to behave in conformity with a certain norm, if the total legal order of which that norm is an integr

GOOD GOVERNANCE AND DEVELOPMENT

 I wrote this essay back in the year 2007. Most of the situations have drastically changed either in the positive or negative. The principles remain the same though. The concept of good governance and development is as old as the human civilization. Governance can be described as the process by which decisions are implemented. It is a process by which decisions are implemented in a way that is consensus oriented, participatory, accountable, transparent, responsive, effective, efficient, equitable and inclusive and follows the rule of law. Development on the other hand may be described as the climbing up of the social ladder either as an individual, community, an organization or a nation. It is brought about by the presence of good economy and good governance. It can be observed through presence of quality infrastructure, health care and educational facilities and quality service to citizens. Without god governance there is seldom peace and without peace there can be no lon

BAKARI HAMISI AND ANOTHER VERSUS THE REPUBLIC [1987] KLR

The Appellants in this matter were charged with burglary and theft but were charged with the offense of handling stolen property contrary to section 322 (2) of the Penal Code (Cap 63). The charge on that count stated that they had otherwise than in the course of stealing dishonestly received certain property knowingly or having reason to believe it to have been stolen or unlawfully obtained. In convicting the appellants the trial magistrate observed that the appellants had dishonestly undertaken or assisted in the retention of the stolen items despite the knowledge that they had been dishonestly obtained. The Appellants appealed to the high court which appeal was unsuccessful hence the appeal to the Court of Appeal. The Court of Appeal held that; ·          In a charge of handling stolen goods under the Penal Code, the prosecution after having proved that the goods are stolen, it is necessary to prove that the accused handled them either by receiving, by undertaking to assi

DO YOU KNOW YOUR EMPLOYMENT RIGHTS?

Under the Employment Act, there are five major avenues through which an individual’s employment can be determined. They are Termination of Contract by either party in accordance to the terms and conditions of the contract. Termination of Contract in accordance with Section 35 of the Employment Act Summary Dismissal Unfair Termination of employment and Unlawful Termination or Wrongful Dismissal I shall endeavor to impart some knowledge on any employer and more so the employee out there on what to expect from the other party in the event your contract comes to an end.  Termination of an Employment Contract The general provision of the law is that any contract of service for a period of more than three months should be in writing. The law further provides that it is the duty of the employer to ensure that the contract of employment is drafted and that the same is issued to the employee. However where the employer for whatever reasons fails to put the co

The Commission on Administrative Justice Bill, 2011

Human rights can be defined as the fundamental rights which the humans have by the fact of being human, and which are neither created nor abrogated by any government . Human rights are the rights and freedoms of all human beings. They are fundamental and universal. Human rights consist of civil and political rights as well as economic, social and cultural rights . Human rights attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. They specify the minimum conditions for human dignity and a tolerable life. Human rights are those which are inherent to all human beings whatever be the nationality, place of residence, sex, national or ethnic origin, color, religion, language, or status in the society. Human rights encompass a wide variety of rights. Human rights are universal and moral. All individuals entitled to these rights without any discrimination on any ground. All these rights are interdependent