Legal Digest Spring 2019

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Preamble

The Legal Division continues to discharge its mandate to keep the university informed on topical legal issues. This is done on a quarterly basis through the Legal Digest: the Digest is a brief analysis of the latest developments in the legal and regulatory landscape with emphasis on the impact of the said developments on the University as a corporate entity as well as on its constituents as citizens and/or residents in Kenya. It is worth noting that the Courts have been instrumental in shaping the legal scene by rendering decisions that keep not only Parliament in check but other government agencies as well. This was recently demonstrated in the case of the NGO Coordination Board where the court restated the right of freedom of association of gay and lesbian persons in Kenya. Another apt example is the petition filed by the Kenya Human Rights Commission (KHRC) against the collection of personal information under the NIIMS system which has generated a lot of debate on the right to privacy and data protection. The Judiciary, in this sense, has justly been keen on discharging its role as the implementer of the law.

The Digest is arranged into 3 sections. In the first section, we examine Acts of Parliament. The second section reviews the changes in the regulatory and legislative environment by examining pending Bills while the third section looks at court decisions. In each of the sections, there’s a brief summary of the impact of these developments on the university or its constituents, where applicable.

Happy Reading!

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