Constitutional Supremacy and the Perils of Legislative Inertia: A Review of the Enforcement of Defunct Penal Provisions

February 2, 2026

Constitutional Supremacy and the Perils of Legislative Inertia: A Review of the Enforcement of Defunct Penal Provisions

Katiba Institute vs Kenya National Commission on Human Rights and National Assembly and 5 Others (Petition No. E036 Of 2024 (Consolidated With Petitions E080 and E497 Of 2024)). The dispute before the High Court arose from a longstanding legal impasse regarding the validity of the robbery and attempted robbery provisions within the Kenyan Penal Code. This constitutional conflict traces its…

N&N Chambers Legal Insights 0 6 min read

April 29, 2025

Untangling Property Rights in Unrecognized Relationships: An Analysis of the Supreme Court Decision in MNK v POM

The Supreme Court of Kenya’s judgment in MNK v POM; Initiative for Strategic Litigation in Africa (ISLA) (Amicus Curiae) (Petition 9 of 2021) KESC 2 (KLR) (27 January 2023) delivers crucial clarity on property disputes arising from long-term cohabitation relationships not formally recognized as marriage under the law. The case navigated complex issues surrounding the applicability of repealed legislation, the…

N&N Chambers Legal Insights 1 11 min read

April 29, 2025

NO DIVORCE BY CONSENT! High Court roars in Constitutional Petition No. E075 of 2022

This article provides a comprehensive analysis of the High Court of Kenya’s judgment in Constitutional Petition No. E075 of 2022, which considered a challenge to Part X of the Marriage Act, 2014. The petitioner sought to have the provision declared unconstitutional for failing to provide for divorce by mutual consent, arguing that the current fault-based system is detrimental to parties…

N&N Chambers Legal Insights 0 8 min read

April 28, 2025

Supreme Court Settles Key Land Law Principles: Legitimate Expectation, Bona Fide Purchaser, and the Indefeasibility of Title on Public Land

In a landmark judgment delivered on April 11, 2025, the Supreme Court of Kenya in Petition No. E033 of 2023, Harcharan Singh Sehmi & Another v Tarabana Company Limited & 5 Others, revisited and clarified critical principles surrounding land ownership in Kenya, particularly concerning the renewal of leases on public land, the doctrine of innocent purchaser for value, and the…

N&N Chambers Legal Insights 0 8 min read

Constitutional Supremacy and the Perils of Legislative Inertia: A Review of the Enforcement of Defunct Penal Provisions

Untangling Property Rights in Unrecognized Relationships: An Analysis of the Supreme Court Decision in MNK v POM

NO DIVORCE BY CONSENT! High Court roars in Constitutional Petition No. E075 of 2022

Supreme Court Settles Key Land Law Principles: Legitimate Expectation, Bona Fide Purchaser, and the Indefeasibility of Title on Public Land

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