KNOW YOUR RIGHTS

This was Chapter 3 of my dissertation. A wonderful read for lovers of corporate governance especially as relates to the Nairobi Securities Exchange 3.1 INTRODUCTION Traditionally the idea of starting a business was driven by one motive only; that is to make profits. Questions of good corporate governance and business ethics never arose. All that mattered to organizations was whether they made profits and not how the profits were made [1] . Indeed most private business leaders are driven by profits and make no apologies for it. Ellen J Kullman , president of E. I. Du pont de Nemours and Company states that: “ Without profits, our system literally cannot be maintained anymore than man can survive without oxygen. No one would argue that breathing is an objective of life but no one could deny that, without it, no other objectives would be conceivable. And so it is and takes with it any possibilities of improving man's state of affairs. ” [2] This statement only s

Thinking out loud if “ A party who is deprived o f their basic freedom by way of enforcement of a civil debt through imprisonment is also curtailed of their ability to move and even seek ways and means of repaying the debt” as held by Koome J in Re Zipporah Wambui Mathara [2010], does it mean then that the provision of committal to civil jail under the Civil Procedure Rules 2010 is unconstitutional? Koome J in this matter stated that imprisonment in civil jail goes against the International Covenant on civil and political rights that guarantee parties basic freedoms of movement and of pursuing economic social and cultural development. This ruling was made in an application for stay of execution of order of committal to civil jail pending bankruptcy proceedings by Zipporah Wambui Mathara. The Applicant had filed Bankruptcy proceedings where a receiving order was issued in respect of her estate on May 21, 2010. She had earlier been committed to serve a jai