SLJ - Volume 1, Number 1, June 2015

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Editorial Board
  • Dr Luis Franceschi – Dean of School of Law
  • Dr Jennifer Gitahi – Director of Academic Programmes
  • John Osogo Ambani – Editor-in-Chief
  • Humphrey Sipalla – Managing Editor
  • Francis Kariuki
  • Santana Monda
  • Melissa Muindi
  • George Kimotho
  • Harrison Otieno
  • Emma Senge
Advisory Board
  • Patricia Scotland, Baroness of Asthal, QC
  • Willy Mutunga, Chief Justice, President of the Supreme Court of Kenya
  • JB Ojwang (Professor), Judge, Supreme Court of Kenya
  • Timothy Endicott (Professor), Oxford University
  • James T Gathii (Professor), Loyola University, Chicago Law School
  • Frans Viljoen (Professor), Centre for Human Rights, University of Pretoria
  • Paolo G Carozza (Professor), University of Notre Dame


Recent Submissions

Now showing 1 - 5 of 9
  • Item
    Book Review - The Constitution of Kenya, 2010 - An introductory commentary
    (Strathmore University Press, 2015-06) Kibet, Eric
    Lumumba and Franceschi’s The Constitution of Kenya, 2010: An Introductory Commentary is an indispensable handbook for readers striving for an exhaustive mastery of Kenya’s Constitution, and anyone wishing for a quick reference. It is carefully analysed, well annotated and presented in an easy-to-read fashion. Authored by two distinguished legal scholars, the tone of the book demonstrates thorough understanding of the socio-political situation in Kenya, the aspirations of its people as well as the vision and purposes of the 2010 Constitution.
  • Item
    Foreward - Strathmore Law Journal
    (Strathmore University Press, 2015-06) Franceschi, Luis
    Excellence in legal education is hinged upon appropriate infrastructural systems that support innovative learning, critical thinking and groundbreaking research, always within the context of a tireless search for truth and the pursuit of justice.
  • Item
    Editorial - Strathmore Law Journal
    (Strathmore University Press, 2015-06) Ambani, J Osogo;
    Users of academic research outputs will easily agree with me that compared to our Western counterparts, very little has been published on African law and the law in Africa North of River Limpopo. Researchers enquiring into any subject of law in Africa soon realize that literature in the area is marginal. This makes Africa a huge grey intellectual area. There are also complaints that there is a systemic marginalization of native African scholarship in leading academic forums to the extent that a consumer of the numerous works published in Western intellectual capitals may be excused for assuming that very little knowledge is generated on our continent. There may thus exist a paradoxical dual vacuum in African scholarship; the dearth of African literature, and a curious disregard for existing African contributions in foreign platforms.
  • Item
    The wretched african traditionalists in Kenya - The challenges and prospects of customary law in the new constitutional era
    (Strathmore University Press, 2015-06) Ambani, Osogo J; Ahaya, Ochieng
    The modern African judge will be the first to acknowledge that, in many senses, the problems faced by British judges in colonial Africa have not vanished. Almost one hundred percent of the African judiciary is now African. But even though there is no longer the gross disparity of national origin between a judge and his community, a judge often does not come from the particular locality whose ethnic law he is administering. A part from this ethnic question, there is an enormous educational and cultural gap between a senior judge with a western education and the ordinary families he may deal with. Thus, the judicial system may have moved from a problem of race and ethnicity to one of class.
  • Item
    The security council and the International Criminal Court - when can the security council defer a case?
    (Strathmore University Press, 2015-06) Obura, Ken
    This paper discusses the deferral power of the Security Council under Article 16 of the Rome Statute. It analyses the drafting history, provision and practice of Article 16 with a view to identifying the requirements that a situation should meet before the article may be invoked by the Security Council. The purpose is to provide guidance on the legal terrain within which the Security Council is authorized to act under Article 16, especially in light of its inconsistent invocation of the deferral power. The paper argues: firstly, that, being a creature of the law, the Security Council is governed and qualified by the law; and secondly, that Article 16 has unambiguously provided the parameters within which the Security Council should exercise its deferral power.