Haki Blog-Kituo Cha Sheria Page 10 Legal Advice Centre since 1973

Haki Blog-Kituo Cha Sheria

Facing false accusations is one of the most terrible things in life. Even worse, false accusations are completely surprising and completely carelessly careless. However, there are a few things that everyone can do to protect themselves and reject false accusations. Here are some hints in case you fall into this situation.

Understand the Magnitude of False Accusation

If you are mistakenly abused, you may have a reflexes that will flow that accusation as a joke of a certain disease. But false accusations are very serious and never think lightly. Many people deny the accusation and assume that it is not a big deal. However, what to do in the initial change is very important, and it can have a serious impact on the future.

Make Sure You are Ready to Handle Defense Costs

Unfortunately, if you will not be accused, you will need to defend. This usually means hiring a person with a graduate school in criminal justice. If you are in trouble with funding, you can always choose a criminal judiciary online tutor to help you, or if you are qualified as a public election lawyer, you can choose a public lawyer. can. In any case, you should decide to defend yourself only if you have no choice but to think that you have that ability.

Make Sure You Use Documentation to Your Advantage

Creating a document is very useful in defending your case. Writing all parts of your case is very useful for you and your lawyer. Make sure that each of the facts related to false accusations is clearly documented as much as possible. If you don't know if a specific information can help your case, be sure to let the lawyer know.

Make Sure You Educate Yourself as Much as You Can

Even if you are defended by the best lawyer, it is always best to educate yourself about the entire process as a whole. If you do not understand all aspects of the trial in detail, you will not be able to defend effectively. If you ask for something from the team, don't be afraid. You can collect information from many information sources, legal libraries, no n-profit organizations, and legal advice websites. The defendant of the information is likely to win, so do your best to learn as much as you can about your case and its meaning. facing false accusations is one of the most terrible things in life. Even worse, false accusations are completely surprising and completely carelessly careless. However, there are a few things that everyone can do to protect themselves and reject false accusations. Here are some hints in case you fall into this situation.

Conclusion

The Right to Vote Dissected: Discussing the Nexus between Casting the ballot and the Four Corners of Human Rights in Kenya Today

Even if you are defended by the best lawyer, it is always best to educate yourself about the entire process as a whole. If you do not understand all aspects of the trial in detail, you will not be able to defend effectively. If you ask for something from the team, don't be afraid. You can collect information from many information sources, legal libraries, no n-profit organizations, and legal advice websites. The defendant of the information is likely to win, so try to do your best to learn as much as you can about your case and its meaning. Facing false accusations is one of the most terrible things in life. Even worse, false accusations are completely surprising and completely carelessly careless. However, there are a few things that everyone can do to protect themselves and reject false accusations. Here are some hints in case you fall into this situation.

It is not easy to clear false accusations, but acting correctly can increase the chance to fight false accusations. Learn as many things as possible about your case and educate yourself about the whole process. Promote documents in an advantageous manner and record everything worth the incident. Prepare for defense and do not underestimate the seriousness of false accusations.

Author Kitsuo Cha Sheria Posted on August 2, 2017 August 15, 2017 Access to the Category Job

"Voting is the most valuable rights of all citizens, and we have a moral duty to ensure the integrity of the voting process."

The participation of the people in the political process is regarded as a virtue by many scholars and democracy. Many aspects are not clear yet, but all processes usually begin with the appearance of voting, which is the basic aspect in democracy. Through legal processes, the movement of citizens to select leaders together has crystallized as a sacred right to vote over a long time.

In Kenya, the Kenya Constitution was promulgated in 2010, and the determination to create a society based on human rights, starting with a strong citizenship system of Kenyan people. Article 38 of the 2010 Constitution has given the Kenyan people in elections and referendums. Article 1 of the Supreme Rules also gives sovereignty to the Kenyan people, and is often exercised through the appearance of voting. The 2010 Kenya Constitution, Paragraph 5 and 6, also opened an international law to vote to sovereign people. This paper describes the right to vote and how it is now linked to political rights, social rights, cultural rights, and economic rights in Kenya.

What is voting right?

It may be true that the operation of picking up a piece of paper and choosing a name from the list, but subsequent analysis of this movement is an important process, and many scholars this right. It is also true that it takes time to consider and understand the meaning of. One is to capture the right to vote as a personal right and use the ideals of equality to solve election disputes and election wars. It's not easy to clear false accusations, but if you act correctly, you can have more opportunities to fight false charges. Learn as many things as possible about your case and educate yourself about the whole process. Promote documents in an advantageous manner and record everything worth the incident. Prepare for defense and do not underestimate the seriousness of false accusations.

Author Kitsuo Cha Sheria Posted on August 2, 2017 August 15, 2017 Access to the Category Job

"Voting is the most valuable rights of all citizens, and we have a moral duty to ensure the integrity of the voting process."

A Win for the Freedom of Expression in Kenya: Criminal Libel is Unconstitutional

What is voting right?

It may be true that the operation of picking up a piece of paper and choosing a name from the list, but subsequent analysis of this movement is an important process, and many scholars this right. It is also true that it takes time to consider and understand the meaning of. One is to capture the right to vote as a personal right and use the ideals of equality to solve election disputes and election wars. It is not easy to clear false accusations, but acting correctly can increase the chance to fight false accusations. Learn as many things as possible about your case and educate yourself about the whole process. Promote documents in an advantageous manner and record everything worth the incident. Prepare for defense and do not underestimate the seriousness of false accusations.

Author Kitsuo Cha Sheria Posted on August 2, 2017 August 15, 2017 Access to the Category Job

"Voting is the most valuable rights of all citizens, and we have a moral duty to ensure the integrity of the voting process."

What is voting right?

Proponents who focus on the technical aspects of voting argue that voting is about an individual's ability to control electoral differences, not about equality or the ripple effect of choice. In other words, for them, voting is limited to the issues on the board. But the second group sees the right to vote in a broader sense, as a fundamental right that opens the door to other ideals of democracy. In the words of the late Professor Okoto Ogendo (on constitutionalism), it's all about values and ideals.

But with less than 70 days left until the general elections and the campaign officially starting, isn't it time to examine these ideas?

First, it is clear that the idea of civil and political rights has gradually made its way into the minds of Kenyans.

Today, unlike in the past, there is freedom of speech and expression, people are free to criticize the government and demand more. There is the freedom to form and join political parties, and there is also the idea of affirmative action to address marginalized special interest groups. But this growth does not mean there are no challenges.

The loud silent calls for a free and fair electoral process are still lingering in the shadows. Kenya’s 2010 constitution provides for free, fair, accurate and verifiable elections, but even the courts have been unable to quantify these criteria, leaving Kenya in limbo as far as the sanctity of the vote is concerned. Moreover, the value of political parties also seems to have declined considerably. The institutionalization of political parties is still a white elephant, as evidenced by the large number of independent candidates registered for the upcoming general elections. While everyone agrees that fielding independent candidates opens up democratic space, their sheer number is a sign that the party system has little faith. To be sure, we will have to wait and see how many independent candidates are elected. But in general, these are signs that Kenyans need to think about their political organization.

Second, social, cultural and economic rights. The judiciary's attitude has always been towards the progressive realisation of these rights, and it is true that in the first five years of governance under the 2010 Kenyan Constitution, progressive realisation has been made in some areas, for example, health, education, infrastructure development, telecommunications and information technology. However, it is very unfortunate that in the 21st century, Kenyans have to die from drought. They have to pay taxes, work hard and raise funds for their fellow countrymen who cannot get food in places like Baringo.

It is odd that while Kenya is building standard gauge railways and roads, the prices of basic necessities have risen to all-time highs, the level of corruption is unprecedented and the public debt needs to be addressed. It is likely that most of these issues will be subject to the next election, but it remains to be seen whether the electorate will use their votes to seal the deal to address these issues.

The Kenyan Woman’s Place in Succession

In conclusion, the 2017 general elections will provide Kenyans with an opportunity to make a choice and decide on leaders who will realise their ambitions, build the country and at the same time strengthen the jurisprudence of rights.

Another opportunity to exercise your right to vote!

We pray for a peaceful 2017 general election for all Kenyans.

Ouma Kizito Ajuong”

LLB (Hons) KUSOL, DIP KSL, Advocate at the Supreme Court of Kenya.

The Supreme Court of Kenya in a recent judgement has denied freedom of expression.

The case Jacqueline Okuta & others v Attorney General & 2 others challenges the constitutionality of the offence of defamation created under section 194 of the Criminal Code. The petitioners in the case filed suit after being brought before the court for allegedly publishing defamatory statements against them on Facebook. The statements allegedly published stated that the petitioners were wanted for squatting and dealing in property.
The problem was whether defamation was a reasonable or legitimate limit on freedom of expression. The claimants argued that defamation was a "disproportionate means to protect others' honor, rights, and freedom," and contradicted Kenya's international law obligations. Article 2 of the Constitution clearly incorporates the Conventions of Kenya and the general rules of international law in Kenya's domestic law. Similar claims were also raised from NGO's Article 19, which appeared as a stakeholder in the lawsuit.
The freedom of expression protected in Article 19 of ICCPR may only be restricted when satisfying the thre e-person test specified in ICCPR (3), which is interpreted in general opinions. 34. This test requires restrictions defined by law, pursues legitimate purposes, and requires that it is necessary in a democratic society.

In this case, the court concluded that the issue was the issue of the law, which has passed the required and proportional tests.

Necessity in a democratic society

Apply the Handyside V UK test that it is necessary to investigate the presence or absence of an imminent social need, and ask if it is necessary to commit slander remarks to prevent individuals from slandering. Ta. The ruling mentioned the important role of freedom of expression in disseminating information and monitoring the people, which often leads to corruption and misconduct. Crime of defamation will cool this valuable speech. The question was whether the defamation was a reasonable or legitimate limit on freedom of expression. The claimants argued that defamation was a "disproportionate means to protect others' honor, rights, and freedom," and contradicted Kenya's international law obligations. Article 2 of the Constitution clearly incorporates the Conventions of Kenya and the general rules of international law in Kenya's domestic law. Similar claims were also raised from NGO's Article 19, which appeared as a stakeholder in the lawsuit.

The freedom of expression protected in Article 19 of ICCPR may only be restricted when satisfying the thre e-person test specified in ICCPR (3), which is interpreted in general opinions. 34. This test requires restrictions defined by law, pursues legitimate purposes, and requires that it is necessary in a democratic society.

In this case, the court concluded that the issue was the issue of the law, which has passed the required and proportional tests.

Necessity in a democratic society

Apply the Handyside V UK test that it is necessary to investigate the presence or absence of an imminent social need, and ask if it is necessary to commit slander remarks to prevent individuals from slandering. Ta. The ruling mentioned the important role of freedom of expression in disseminating information and monitoring the people, which often leads to corruption and misconduct. Crime of defamation will cool this valuable speech. The problem was whether defamation was a reasonable or legitimate limit on freedom of expression. The claimants argued that defamation was a "disproportionate means to protect others' honor, rights, and freedom," and contradicted Kenya's international law obligations. Article 2 of the Constitution clearly incorporates the Conventions of Kenya and the general rules of international law in Kenya's domestic law. Similar claims were also raised from NGO's Article 19, which appeared as a stakeholder in the lawsuit.

In this case, the court concluded that the issue was the issue of the law, which has passed the required and proportional tests.

Necessity in a democratic society

The court mentions Article 24 of the Kenya Constitution, which states the criteria for restricting rights and basic freedom, and in contrast to the purpose of this regulation, by protecting general public interests, in contrast to personal interests. He said. Therefore, the interference of the freedom of expression, meaninged by criminal penalties for defamation, did not meet the "imminent social need". In other words, Article 194 deviated from constitutional requirements. Although such interpretations may be reasonable, it remains the question of whether the rights restricted measures are not justified by referring to personal interests. 。 If so, there is a danger that minority rights will be threatened.

Problem of proportional properties

The second test used to consider the constitutionality of criminal defamation was to consider whether there was an alternative to sufficient and appropriate abuse of defamation. The court responded positively, saying that the right to act of defamation was provided to the complainant and was a more restrictive replacement.

The court has further evaluated the results of defamation, and even if the suspicion of defamation is not serious, the criminals will be impractical to be responsible for criminal liability. This crime also had the effect of cold speech and freedom of information.

What remains in this ruling is that Article 24 is accidentally described as a provision that is allowed to be applied. This is because Article 24 stipulates only the restrictions on the rights, and is particularly prohibited from restrictions on the rights that can be "excluded from its basic or essential content". This is stipulated in Article 58, Paragraph 6 of the Kenya Constitution. There are important differences between restrictions and deviation.

He was dissatisfied with the fact that some provisions of the Kenyan law were not amended to conform to constitutional language and spirit, despite seven years have passed since the new constitution has been enforced. Court mentions Article 24 of the Kenya Constitution, which stipulates the criteria for limiting rights and basic freedom, protects general public interests, contrasted with personal interests. He said that it was to do. Therefore, the interference of the freedom of expression, meaninged by criminal penalties for defamation, did not meet the "imminent social need". In other words, Article 194 deviated from constitutional requirements. Although such interpretations may be reasonable, it remains the question of whether the rights restricted measures are not justified by referring to personal interests. 。 If so, there is a danger that minority rights will be threatened.

Problem of proportional properties

He was dissatisfied with the fact that some provisions of the Kenyan law were not amended to conform to constitutional language and spirit, despite seven years have passed since the new constitution has been enforced. The court mentions Article 24 of the Kenya Constitution, which states the criteria for restricting rights and basic freedom, and in contrast to the purpose of this regulation, by protecting general public interests, in contrast to personal interests. He said. Therefore, the interference of the freedom of expression, meaninged by criminal penalties for defamation, did not meet the "imminent social need". In other words, Article 194 deviated from constitutional requirements. Although such interpretations may be reasonable, it remains the question of whether the rights restricted measures are not justified by referring to personal interests. 。 If so, there is a danger that minority rights will be threatened.

Problem of proportional properties

This advanced ruling is that the defamation law should be used in Konate V. Burkina Faso by African Court of Human and Peoples' Rights, only in the case of hate speeches and incitements. Kenya also keeps pace with local human rights courts, as did not recommend the use of.

Moi University Law School, a lawyer.

At the beginning

The inheritance law is also called the inheritance law, and basically deals with the transfer of property rights from dead to living. Inheritance is common to all human societies to handle the inheritance from the dead to the living, and thus is a universal concept.

The fifth edition of Black's Law Dictionary defines inheritance as "The Transfer of Title to Property According to the Law of Descent and Distribution". Therefore, this definition has excluded those who take over through certificates, gives, and other purchase agreements.

This is undoubtedly driven by the desire to acquire property, so if a person dies, the pleasure of ownership and property rights will disappear together, and the right to property must be obtained by someone. It is one of the ways to acquire property because of the fact that it does not.

Considering the above, it is necessary to consider the aspect of control. In most cases, people exercise this control in a legally legal way. However, the philosophical decision behind inheritance is the right to manage the property after death. Such people can do it by will.

Therefore, the main purpose of the inheritance law is to provide a mechanism in which the property is inherited from the deceased to the bereaved family, which automatically includes the following:

Specification of legal claimers who claim property.

The procedure for such legal claimers or dependents to inherit the deceased's heritage.

Identify the dispute resolution mechanism stipulated to solve the dispute between those who claim to be a legitimate holder. The African Court of Human and People's Rights 'Rights (African Court of Human and People' Rights) should use the Division Law only in the case of hate speech and fana faso. As we did not recommend the use of the Defamation Law, Kenya is also pace with the local human rights court.

Moi University Law School, a lawyer.

At the beginning

Therefore, the main purpose of the inheritance law is to provide a mechanism in which the property is inherited from the deceased to the bereaved family, which automatically includes the following:

Specification of legal claimers who claim property.

The procedure for such legal claimers or dependents to inherit the deceased's heritage.

Identify the dispute resolution mechanism stipulated to solve the dispute between those who claim to be a legitimate holder. This advanced ruling is that the defamation law should be used in Konate V. Burkina Faso by African Court of Human and Peoples' Rights, only in the case of hate speeches and incitements. Kenya also keeps pace with local human rights courts, as did not recommend the use of.

Moi University Law School, a lawyer.

At the beginning

Therefore, the main purpose of the inheritance law is to provide a mechanism in which the property is inherited from the deceased to the bereaved family, which automatically includes the following:

Specification of legal claimers who claim property.

The procedure for such legal claimers or dependents to succeed the deceased's heritage.

Identify the dispute resolution mechanism stipulated to solve the dispute between those who claim to be a legitimate holder.

However, the famil y-chief ideology is a housewife who is a housewife who is a housework that gives a family life and gains a housework, or a woman who contributes to the household budget. Define family life from a perspective. As a result, when the family income and resources are determined, men will have a greater economic power.

Inheritance is a universal concept, but there are unique rules for regions and society. However, Kenya has CAP160, a commonly applied inheritance method. There are other applicable laws, such as the Islamic method and the customs method, and fortunately or unfortunately, this law is excluded, but it is actually applied unofficially.

During the colonial era, various laws were enforced, and various laws and regulations were enforced in various communities, such as European, Africans, Hindu, and Muslims. With the arrival of independence, an attempt to integrate various inheritance laws into one law and harmonize to respond to various ethnic groups in Kenya. This reached the top in the enactment of the 1972 inheritance law. This was done to achieve discriminatory treatment of people inherited during the colonial era. After independence, equality was emphasized, and the enactment of the inheritance method was an equality attempt.

However, there are two forms in the succession of the deceased property. This is an inheritance when there is a will called inheritance or if there is no will. Both forms are recognized by the Kenya inheritance law. Inheritance inheritance mentioned the will of the will, if a will or the will of the will, or if the will, the will will be invalidated by the court, the will fail, or the will by the will. Later, it occurs if you die without creating another will. However, the famil y-chief ideologies are often done by men, despite the fact that some women, who have a wife who can do their family lives and do housework with their husbands, or have a great contribution to their household budget. Define a family life from the perspective of a ful l-time housewife. As a result, when the family income and resources are determined, men will have a greater economic power.

Inheritance is a universal concept, but there are unique rules for regions and society. However, Kenya has the CAP160, a commonly applied inheritance method. There are other applicable laws, such as the Islamic method and the customs method, and fortunately or unfortunately, this law is excluded, but it is actually applied unofficially.

However, there are two forms in the succession of the deceased property. This is an inheritance when there is a will called inheritance or if there is no will. Both forms are recognized by the Kenya inheritance law. Inheritance inheritance mentioned the will of the will, if a will or the will of the will, or if the will, the will will be invalidated by the court, the will fail, or the will by the will. Later, it occurs if you die without creating another will. However, the Father's ideology is a ful l-time housewife who is a housework that is a wife who is a wife who gives a family life and is doing housework with a husband who gives a feet, or a woman who contributes greatly to the household budget. Define family life from a perspective. As a result, when the family income and resources are determined, men will have a greater economic power.

Inheritance is a universal concept, but there are unique rules for regions and society. However, Kenya has CAP160, a commonly applied inheritance method. There are other laws that are applied, such as the Islamic method and the customs method, fortunately or unfortunately, this law is excluded, but it is actually applied unofficially.

Therefore, there are overall and partial claims for reducing the remaining portion. Overall, when the testator does not leave any valid wills. Partial is that if the will, if the willing will not include all of his property in the valid will, if a part of the will is canceled, or a permanent property after the will. Properties that are not included in the will are subject to the inheritance of the survivors.

However, the provisions of the remaining portion are not applied to the property that can be disposed of by the will and does not apply to the property that is inherited or inherited by the remaining or nominated, life contracts written in the trust, or the property to be eligible for Dornatio Mortis Causa. The 160 corresponds to both the Kazuo and the polygamy system. Therefore, the nature of the transfer of property differs depending on whether the deceased was a polygamy or a wife of Kazuo.

The succession of the property of the deceased is also established by the fact that the person has died, leaving an effective will to relocate the pos t-death property. In some cases, women are still alienated and are greatly influenced by cultural and customs.

This can happen when the deceased died of a will, but excluded a girl from a valid will due to cultural requirements. As a result, such a girl does not have a position as a successor, because the background of society allows it. This indicates that even if the heir is killed, women are facing the risk of inheritance and may have no place in the inheritance.

Most of the customs in most communities are not fair, and they do not even follow the rights of husbands, wives, or girls. Therefore, in this context, a woman is also included. In any case, the girl will be affected by the problem that has already been affected by the mother or the same as the problem that has affected the mother.

What is going on in the inheritance law?

In the inheritance law, "the provisions of this law, unless otherwise provided in this law or other native grammar, is all in all, as a will or in the property of the person who died after this Act. The management of the property of the person will be a Kenya law and will be applied universally. [2] Therefore, there are overall and partial claims for reducing the remaining portion. Overall, when the testator does not leave any valid wills. Partial is that if the will, if the willing will not include all of his property in the valid will, if a part of the will is canceled, or a permanent property after the will. Properties that are not included in the will are subject to the inheritance of the survivors.

When he said “I do” he never said what he did…

This can happen when the deceased died of a will, but excluded a girl from a valid will due to cultural requirements. As a result, such girls cannot gain their position as the successor, because the background of society allows them. This indicates that even if the heir is killed, women are facing the risk of inheritance and may not be in the inheritance.

What is going on in the inheritance law?

In the inheritance law, "the provisions of this law, unless otherwise provided in this law or other native grammar, is all in all, as a will or in the property of the person who died after this Act. The management of the property of the person will be a Kenya law and will be applied universally. [2] Therefore, there are overall and partial claims for reducing the remaining portion. Overall, when the testator does not leave any valid wills. Partial is that if the will, if the willing will not include all of his property in the valid will, if a part of the will is canceled, or a permanent property after the will. Properties that are not included in the will are subject to the inheritance of the survivors.

Most of the customs in most communities are not fair and do not protect the rights of husbands, wives, or girls. Therefore, in this context, a woman is also included. In any case, the girl will be affected by the problem that has already been affected by the mother or the same as the problem that has affected the mother.

What is going on in the inheritance law?

The Inheritance Act provides for various provisions regarding inheritance depending on the type of marriage. The Act provides for both monogamous and polygamous marriages. The nature of property division in a representational inheritance varies depending on whether the decedent was polygamous or monogamous. However, the rule of union does not apply to the provisions of Section 32 of the Act.[3]

Most Kenyans are Christians and naturally marry under the African Christian Marriage and Divorce Act. Since marriages conducted under these two Acts are monogamous, the second wife and second children born from such marriages are respectively consanguineous marriages and illegal under the provisions of the Act.[4]

However, legislative measures have resolved this issue. With the amendment of the Inheritance Act, second wives are now considered spouses and second children are considered legitimate children.[5]This is for the sole purpose of ensuring that everyone is serviced and that the success of the person in the event of death is guaranteed. This amendment is due to the recognition of the family unit in traditional African society.

Monogamous Marriage

In accordance with the provisions of Article 40, the Inheritance Law provides that if the survivor leaves a spouse and children, the survivor has an absolute right to inherit the movable and household goods of the deceased, as well as a life share of the pure inheritance. [6]

On the other hand, the Matrimonial Property Law provides that a married woman has the same rights as a married man. These rights include the acquisition, maintenance, management, control, use, and disposal of property, whether movable or immovable, as well as the entering into contracts and lawsuits in her own name. [7] This is a provision whose main purpose is to ensure that men and women have equal, or rather equal, status in a marriage relationship.

The inheritance law stipulates that spouses that contribute to the improvement of property that are not married will acquire beneficiary rights that are equal to the spouse's contribution. In this case, contribution means contributions other than cash and money, such as housekeeping, childcare, childcare, friendship, family business and property management, agricultural work, etc., and is also stipulated by law. 。

The above claims have been repeatedly stated in Karanja V. Karanja [10], and the court acknowledges the fact that wives can help the husband's property acquisition through direct economic contributions. It is also important to contribute as a housewife as a housewife, and it is not possible to overlook the duty of the wife and children.

Doubleing of continuity is also a major issue on inheritance issues. This is between a Western approach to the inheritance issue and a traditional African approach. In Western law, the property of the couple is located on a limited boundary of family, which has been defined and interpreted in the past by court.

In Rono V. Rono [12], the sons claimed more share than their brothers and father's widow for their deceased father's heritage. They argued that the girls had no right to inherit their father's property, according to Kayo's traditions, and even the customs law supported their claims. However, the court determined that if discrimination is a problem, the constitution and human rights standards must be given priority.

In 2008, the above issues were again taken up. RE ESTATE OF LERIONKA NTUTU (death) claimed that the Masai customs did not acknowledge the right of the daughter who inherited property from the dead father's heritage. The court, in particular, quoted the RONO V. RONO ruling, and denied the application of the Masai customs law. As a result, the daughter of the Masai tribe, who died without a will, has the right to inherit its property. The inheritance law stipulates that spouses that contribute to the improvement of property that are not married will acquire benefits equal to the spouse's contribution. In this case, contribution means contributions other than cash and money, such as housekeeping, childcare, childcare, friendship, family business and property management, agricultural work, etc., and is also stipulated by law. 。

In 2008, the above issues were again taken up. RE ESTATE OF LERIONKA NTUTU (death) claimed that the Masai customs did not acknowledge the right of the daughter who inherited property from the dead father's heritage. The court, in particular, quoted the RONO V. RONO ruling, and denied the application of the Masai customs law. As a result, the daughter of the Masai tribe, who died without a will, has the right to inherit its property. The inheritance law stipulates that spouses that contribute to the improvement of property that are not married will acquire beneficiary rights that are equal to the spouse's contribution. In this case, contribution means contributions other than cash and money, such as the management of housework, childcare, childcare, friendship, family business and property management, and agricultural work, and is also stipulated by law. 。

In 2008, the above issues were again taken up. RE Estate of Lerionka Ntutu (death) claimed that the Masai customs did not recognize the right of the daughter inherit the property from the dead father's heritage. The court, in particular, quoted the RONO V. RONO ruling, and denied the application of the Masai customs law. As a result, the daughter of the Masai tribe, who died without a will, has the right to inherit its property.

In the above case, it was a matter of whether the court applied the inheritance law or the Masai customs method. The issue was clear that the doctrine of customs laws that destroy the daughter's inheritance, in particular, was contrary to justice and morality, and could not be applied. This means that the daughter's inheritance right was recognized by the law, and it was a victory for women.

Marriage of polygamy system

Forced Migration Programme-Kituo Cha Sheria

Supremacy of ‘State operated offenses’ in Kenya

According to the inheritance law, if the bereaved family gets married twice or more under the legal system that recognizes the polyamas, the peripheral goods, household goods, and remains are first, according to the number of children in each house. , Divided into each house. [14]

The marriage law stipulates that Islamic and customary marriage is deemed to have a polygamy or polygamy. [15] As a result, these marriage is deemed to be a polygamy system. The law further stipulates that those who are married to the Ichisan polygamy should not get another marriage of the couple. [16] Therefore, once you get married, you have no ability to get married.

A similar exploitation was also performed in the inheritance of Recola. Judge Simpson is prohibited by law to marry a man who has been married in a legal marriage by law, the contracted marriage is invalid, and the married woman with the child with the child. There is no right to inherit. The ruling r e-accused the woman who was a man who was already married under laws and regulations. [18] In the above case, it was a matter of whether the court applied the inheritance law or the Masai customs law. The issue was clear that the doctrine of customs laws that destroy the daughter's inheritance, in particular, was contrary to justice and morality, and could not be applied. This means that the daughter's inheritance right was recognized by the law, and it was a victory for women.

Marriage of polygamy system

Previously, the woman who was addicted to the Ichio (Ichisan polygamy labyrinth could receive any heritage from a dead husband, but this was very unfortunate. In Re Ruenji's Estate, marriage was carried out under the Christian marriage and divorce law in Africa, but Sachdeva J. had already been married, or rather, a man and a man who had been married before the legal law. The women who were married under the wives were not the wives, and they were not the right to share the deceased's heritage because they were not children's inheritance for heritage.

A similar exploitation was also performed in the inheritance of Recola. Judge Simpson is prohibited by law to marry a man who has been married in a legal marriage by law, the contracted marriage is invalid, and the married woman with the child with the child. There is no right to inherit. The ruling r e-accused the woman who was a man who was already married under laws and regulations. [18] In the above case, it was a matter of whether the court applied the inheritance law or the Masai customs law. The issue was clear that the doctrine of customs laws that destroy the daughter's inheritance, in particular, was contrary to justice and morality, and could not be applied. This means that the daughter's inheritance right was recognized by the law, and it was a victory for women.

Marriage of polygamy system

The marriage law stipulates that Islamic and customary marriage is deemed to have a polygamy or polygamy. [15] As a result, these marriage is considered to be a polygamy system. The law further stipulates that those who are married to the Ichisan polygamy should not get another marriage of the couple. [16] Therefore, once you get married, you have no ability to get married.

A similar exploitation was also performed in the inheritance of Recola. Judge Simpson is prohibited by law for a man who has been married to another marriage during the validity period of the legal marriage, the contracted marriage is invalid, and the married woman with the child with the child. There is no right to inherit. The ruling r e-accused the woman who was a man who was already married under laws and regulations. [18]

Regarding the heritage of Samuel Hopewell Gacharamu, the deceased married the first wife and Gikuyu's customs. When he married his second wife, he married under Kanba's customs law, but he again married his second wife. The issue was which was the inheritance widow and inheritance right. In addition, if both were said to be widow, what would happen to the share of wives and children was also an issue.

In the court, each of them is married based on the customs law of Gikuyu and Kanba, and the fact that the second wife is married under the marriage law simply makes it easier to register for that marriage. He said that it does not change the personality of marriage, but does not affect its effectiveness. Therefore, the two wives had the right to distribute the property of the deceased with their children.

Samuel Hopewell Gacharamu's ruling was repeated in Duncan Kiiru Karuku's ruling, and in the court, the first marriage was based on the law, but for the purpose of inheritance, other wives and children. [19] He was the wives and children of the heir, and thus he had the right to inherit. In the above case, without the court intervention, the remaining spouses would have been unrivaled. This seems to be a direct interpretation of Article 3 (5) of the inheritance law.

In the land of Benson Lang Gang Mahenge, the deceased had two widow and their children. The first widow had four children, and the second widow had six children. Judge Ondo said that the first house was five and the second house was seven units. The court stated that there were 12 units in total for two houses. The distributed 4 0-acre land is divided into 12 units, of which five are the first widow and four children, and the remaining seven units are given to the second widow and six children.

How was the married girls? The deceased married based on the first wife and Gikuyu's customs on the heritage of Samuel Hopewell Gacharamu. When he married his second wife, he married under Kanba's customs law, but he again married his second wife. The issue was which was the inheritance widow and inheritance right. In addition, if both were said to be widow, what would happen to the share of wives and children was also an issue.

How was the married girls? Regarding the heritage of Samuel Hopewell Gacharamu, the deceased married the first wife and Gikuyu's customs. When he married his second wife, he married under Kanba's customs law, but he again married his second wife. The issue was which was the inheritance widow and inheritance right. In addition, if both were said to be widow, what would happen to the share of wives and children was also an issue.

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How was the married girls?

A married daughter has the right to inherit his father's property. The 2010 Kenya Constitution stipulates that under Article 65, all people have the right to acquire and hold property in collaboration with or with others. [23] The constitution is also a race, gender, pregnancy, the presence or absence of a spouse, health status, ethnic or social, skin color, age, religion, conscience, trust, culture, and clothes, It is stipulated that it must not be directly or indirectly discriminated against anyone, such as language and birth. [twenty four]

In the Samson Kiogora Rukunga V. Zipporah Gaiti Rukunga case [25], the married daughter was inherited. This was contested in the Meru High Court, and the opponent, Consolatata NTITKA, made a trial to disagree with his brother's decision trying to get rid of her from his late father's land because she was married. Ta. The issue was raised in front of Judge Mary Casango. Judge Mary Casango stated in her view that in the current law, it is not a matter of whether the daughter is married when considering whether she has the right to inherit her parents' property. 。

The 2010 Kenya Constitution stipulates the discrimination of gender discrimination in the Land and Land Property, one of the principles of land and environment, in the 5th Chapter of Land and Environment. The constitution further stipulates that women and men have the right to receive equal treatment, including equal rights in political, economic, cultural and social fields. The above provisions of the 2010 Kenya Constitution have been adjusted to ensure equality between gender regardless of the superiority of men and women.

Even if she is a married daughter, she has the right to inherit the heritage of her deceased father has also been reconfirmed in the inheritance case of PRICILLA WAIRIMU KAMAU [28], and the court, especially Mrs. MARTHA KOOME, her daughter, her daughter. The laws were reconfirmed the provisions of the inheritance law that had the same right to inheritance as his son, so the law did not discriminate against children who died due to gender or marriage. This ruling is also a victory for women and a step to ensure gender equality.

What if I was a Muslim woman? Married daughter has the right to inherit his father's property. The 2010 Kenya Constitution stipulates that under Article 65, all people have the right to acquire and hold property in collaboration with or with others. [23] The constitution is also a race, gender, pregnancy, the presence or absence of a spouse, health status, ethnic or social, skin color, age, religion, conscience, trust, culture, and clothes, It is stipulated that it must not be directly or indirectly discriminated against anyone, such as language and birth. [twenty four]

Even if she is a married daughter, she has the right to inherit the heritage of her deceased father has also been reconfirmed in the inheritance case of PRICILLA WAIRIMU KAMAU [28], and the court, especially Mrs. MARTHA KOOME, her daughter, her daughter. The laws were reconfirmed the provisions of the inheritance law that had the same right to inheritance as his son, so the law did not discriminate against children who died due to gender or marriage. This ruling is also a victory for women and a step to ensure gender equality.

What if I was a Muslim woman? A married daughter has the right to inherit his father's property. The 2010 Kenya Constitution stipulates that under Article 65, all people have the right to acquire and hold property in collaboration with or with others. [23] The constitution is also a race, gender, pregnancy, the presence or absence of a spouse, health status, ethnic or social, skin color, age, religion, conscience, trust, culture, and clothes, It is stipulated that it must not be directly or indirectly discriminated against anyone, such as language and birth. [twenty four]

What if I was a Muslim woman?

Furthermore, the inheritance law does not apply to a will or inheritance of the heritage of the person who was Muslim at the time of the death, based on the condition of paragraph 4 (4). The transfer of the heritage of such a person is compliant with the Muslim method. "

The inheritance law is an important aspect for Islam's religion. Unfortunately, the members who believe in this religion are not equal to inheritance. For example, St. Cruan has the following provisions: "Allah has ordered that you have the right to inheritance for two girls. If it is a woman, it will be an apparently unlikely between the son and the daughter. Nothing is applied to the inheritance.

Synaptic

Laws are everywhere, literally affecting everything. Every time a real layer is peeled off, the law is soaked in all aspects of life as the law is on the net. So, where is this law, which is said to have a wide range when women are disappointed by a society that violates men and women's rights? Does this law hate women? Is it an extrinsic law? Looking back at the above claims, it is clear that women's issues are closely related to the stagnation of the law, the attitude toward women, the ignorance of the law, the insensitivity to gender, and closely related to the gender. The inheritance law does not apply to a will or inheritance of the heritage of the person who was Muslim at the time of the death, based on the condition of paragraph 4 (4). The transfer of such a person's heritage is compliant with the Muslim method. "

Synaptic

Laws are everywhere, literally affecting everything. Every time a real layer is peeled off, the law is soaked in all aspects of life as the law is on the net. So, where is this law, which is said to have a wide range when women are disappointed by a society that violates men and women's rights? Does this law hate women? Is it an extrinsic law? Looking back at the above claims, it is clear that women's issues are closely related to the stagnation of the law, the attitude toward women, the ignorance of the law, the insensitivity to gender, and closely related to the gender. Furthermore, the inheritance law does not apply to a will or inheritance of the heritage of the person who was Muslim at the time of the death, based on the condition of paragraph 4 (4). The transfer of the heritage of such a person is compliant with the Muslim method. "

The inheritance law is an important aspect for Islam's religion. Unfortunately, the members who believe in this religion are not equal to inheritance. For example, St. Cruan has the following provisions: "Allah has ordered that you have the right to inheritance for two girls. If it is a woman, it will be an obviously unbalanced share between sons and daughters. Nothing is applied to the inheritance.

Synaptic
Laws are everywhere, literally affecting everything. Every time a real layer is peeled off, the law is soaked in all aspects of life as the law is on the net. So, where is this law, which is said to have a wide range when women are disappointed by a society that violates men and women's rights? Does this law hate women? Is it an extrinsic law? Looking back at the above claims, it is clear that women's issues are closely related to the stagnation of the law, the attitude toward women, the ignorance of the law, the insensitivity to gender, and closely related to the gender.
The government has a role to play through legislation to combat the social ills and corruption that level the playing field against women in the issue of succession. Therefore, mechanisms should be created to ensure equality between men and women and support women's advocacy. This is the best approach and solution to the paralysis of desperate women trying to discern the way forward. It is the best way to understand the contours and cracks of women's despair and distress. Women should be empowered to demand their rights and not wait for things to happen to them.

By: Kaere Ephraim

Red Kituo Cha Shelia

[1] See. Article 34 of the Succession Law

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[2] Article 2, paragraph 1 of the Succession Law

[Article 32 of the Succession Law provides that the provisions of this part shall not apply to agricultural land and agricultural crops. or livestock located in an area designated by the Minister by notification in the Official Gazette. ''

[4] See. Inheritance Act, Article 2, Paragraph 2 [5] Inheritance Act, Article 3, Paragraph 5 [Inheritance Act, Article 35, Paragraph 1 [7] Marriage Act, Article 4 [8] Section 9 of the Marriage Act [section 2 of the Marriage Act [10] See Karanja v Karanja [1976] KLR 356.

[11] See the case of Hyde v Hyde [1861-73] Aller 175.

[12] Rono v Rono & amp; amp; Arother [2008] KLR G & amp; F 803 [13] RE Estate of Lerionka Ntutu, [2008] EKLR [14]. Section 40(1) of the Inheritance Act

[15] Section 6(3) of the Marriage Act

[16] Section 9(b) of the Marriage Act

[17] Re Ruenji's Estate (1977) KLR 21

[18] RE Ogola's Estate (1978) KLR 18

[19] Cause of Inheritance No. 74 of 1987, Estate of Duncan Kiir Kalk

[20] Sections 40-42 of the Inheritance Act

[21] Section 52 of the Inheritance Act provides that, notwithstanding any other provision of written law, a woman married under a law which recognises polygamy, and whose husband has entered into a monogamous marriage with another woman, is a wife for the purposes of this Act, and in particular sections 29 and 40 of the Inheritance Act, and her children are children within the meaning of this Act.

[22] Causes of Succession High Court Case No. 231 of 1998

[23] See Article 40(1) of the Constitution of Kenya 2010

[24] Article 27(4) of the Constitution of Kenya 2010

[25] See Samson Kiogora Rukunga V. Available in http: // www. kenyalaw. Org.

[26] See. 2010 Kenya Constitution Article 60 (F)

[27] 2010 Kenya Constitution Article 27 (3)

[28] RE Estate Pricilla Wairimu Kamau [2005] See the EKLR case.

[29] Article 2 of the inheritance Act (3)

[30] Refer to St. Clearn Chapter 4

Everyone applauded that he caused one. After the kiss, her cheeks dyed red and it was the happiest day in my life. He deprived her heart, and she took his surname-at least in the wedding invitation.

The sermon of the day was about the success of marriage as seen from the Lord's eyes. "But I want you to be aware that all the men's heads are Christ, the head of the woman is a man, and that Christ is a god."

The imbalance between the couple does not start on the day of the wedding, but began before that. As described above, it continues as a result of the power given to men (and their families), which has been strengthened by religion and paid the bride's property. (DODOO, 1998). These change gender dynamics in family relationships. Restrict women's independence, spread inequality in sex, and change sexual intercourse abilities.

Payment of deposits and brides price-what kind of poison it is widely done in African society. This is accompanied by the transfer of wealth from the husband's family to the wife's family. In the past, he expressed his gratitude for handing over livestock and was handed over as a symbol of wealth. The deposit has evolved into a bride. As the monetary system was introduced, species honor and gestures began to trade. The daughter was invested, and the wife became a property.

The market cannot be in the same position as the buyer. For this reason, women do not have a great remarks on their especially sexual autonomy. Whether the husband comes home and returns with a shiraf, his wife's opinion is not respected. Some rape for discipline, while others rape to assert their family. As a whole, the payment of the bride price plays a major role. According to Dr. Onyango, the property of the bride suggests that the man has been paid for reproductive labor, and he will buy his libido itself.

Young girls who are married off because a "rich" husband will pay the price are also vulnerable and often become victims of marital rape. In pastoralist communities, it is common to marry young instead of sending children to school. In some cases, sisters, who are seen as sex objects who give birth and take care of babies, are sacrificed to get money to pay back the bride price for their brothers. Women who are forced into marriage have less control over their sexual desires.

Husbands in Africa do not believe that marriage requires marital consent. Some justify it with religion, others with cultural beliefs. So, is it really rape if the perpetrator is the husband?

Rape can be defined as having sexual intercourse with another person without their consent. This can be through physical force or threat, because the other person is unconscious or asleep, or because consent to the act is obtained by fraud (Campbell, 1979). (Rape can also occur when the other person is not mentally capable of understanding that they are consenting. The defendant must prove that they knew the other person did not consent or were reckless about the consent. Campbell further defines rape as unwanted sexual intercourse by a married or ex-married partner without the consent of that partner or against the will of that partner. This can be done by force or threat of force, intimidation, or when the person is unable to consent. Such sexual acts include intercourse, anal sex, oral sex, forced sex with another person, or any other sexual act that the victim perceives as degrading, humiliating, painful, or unwanted.

1 Corinthians 7:3-5 states:

A husband must perform his marital duties towards his wife. A wife has no authority over her own body but gives it to her husband. Similarly, a husband has no authority over his own body but gives it to his wife. Do not deprive one another except by mutual consent and for a short time in order to devote yourself to prayer. Then come together again, lest Satan tempt you because of your lack of self-control.

This can be interpreted to mean that once you are married you have no authority over your own body.

In an Islamic context, Abu Hurayra (may Allah bless him) is reported to have said: "The Messenger of Allah (peace and blessings of Allah be upon him) said: "If a man invites his wife to bed and she refuses and he goes to sleep angry with her, the angels will curse her until morning. (Al-Bukhari, 3065; Muslim, 1436).

This is called a hadith, in which the wife is instructed to help her husband to be satisfied. Since the biggest concern for men is sexual urges, Islam urges women to help their husbands in this matter. (Quoted and summarized from Al-Hafiz ibn Hijr's commentary on this hadith in Fath al-Bahri, may Allah have mercy on him).

Furthermore, a jurist, when formulating a sexual offense law, said:

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"The act of a man and a woman in the bedroom cannot be considered rape. Many believe that this is not an African issue. Marriage creates sexual permission everywhere. It is permission that comes from saying 'I do.'"

Sir Matthew Hale's proposal (known as the Hale Doctrine) explains the same as follows:

"But rape committed by a husband against his lawful wife is not culpable because, by marital consent and contract, she has given herself to her husband which he cannot withdraw.

This clearly proves that the idea of proving the wife inferior to her husband is shared by people from all walks of life. The Sexual Offences Act, in section 43(5), states:

"The Act does not apply to persons lawfully married in respect of any allegation of sexual assault such as rape. A husband must perform his marital duties towards his wife. A wife has no authority over her own body but gives it to her husband. Similarly, a husband has no authority over his own body but gives it to his wife. Do not deprive one another except by mutual consent and for a short time in order to devote yourself to prayer. Then come together again, lest Satan tempt you because of your lack of self-control.

This can be interpreted to mean that once you are married you have no authority over your own body.

Furthermore, a jurist, when formulating a sexual offense law, said:

Sir Matthew Hale's proposal (known as the Hale Doctrine) explains the same as follows:

"But rape committed by a husband against his lawful wife is not a crime, because by marital consent and contract she has given herself to her husband which he cannot withdraw.

This clearly demonstrates that the idea of proving the wife inferior to her husband is shared by people from all walks of life. The Sexual Offences Act, Section 43, 5 In the paragraph it states:

"With regard to allegations of sexual assault such as rape, this does not apply to those who are lawfully married. A husband must perform his marital duties towards his wife. A wife has no authority over her own body but gives it to her husband. Similarly, a husband has no authority over his own body but gives it to his wife. Do not deprive one another except by mutual consent and for a short time in order to devote yourself to prayer. Then come together again, lest Satan tempt you because of your lack of self-control.

Prisoners’ right to vote.

This can be interpreted to mean that once you are married you have no authority over your own body.

Furthermore, a jurist, when formulating a sexual offense law, said:

Sir Matthew Hale's proposal (known as the Hale Doctrine) explains the same thus:

"But rape committed by a husband against his lawful wife is not an offence, because by marital consent and contract she has given herself to her husband which he cannot retract."

A married daughter has the right to inherit his father's property. The 2010 Kenya Constitution stipulates that under Article 65, all people have the right to acquire and hold property in collaboration with or with others. [23] The constitution is also a race, gender, pregnancy, the presence or absence of a spouse, health status, ethnic or social, skin color, age, religion, conscience, trust, culture, and clothes, It is stipulated that it must not be directly or indirectly discriminated against anyone, such as language and birth. [twenty four]
1. "The Act does not apply to persons who are lawfully married in respect of allegations of sexual assault such as rape.
2. Kenya has one of the most comprehensive bills of rights in Africa, addressing many human rights issues. Article 45 of the constitution recognizes that the parties to a marriage are equal. This means that everything that happens after marriage must be done with the knowledge and consent of the parties. Furthermore, Article 29 guarantees immunity from inhuman and degrading treatment to all, including the spouse.
3. Marital rape is a form of domestic violence that is often overlooked by society due to patriarchal ideology that emphasizes male dominance in marriage and stereotypes that justify marital rape. This book presents the arguments and reasons for criminalizing marital rape. Marital rape is common and causes health problems and distress to abused women. Children in families where marital rape occurs often suffer from the psychological effects of the violence, and it can also undermine the mother's ability to care for her children (Amnesty, 2002).
1. Marital rape is one of the violent crimes that go unreported because of its social acceptability (Mbote, 2000). Some abused women fear to report the violence because they are financially dependent on their husbands for support and child rearing. Other women feel unable to speak up due to fear or humiliation.
2. This blending of traditional and modern concepts should not be underestimated or easily overlooked when addressing the issue of marital rape. Therefore, research, prevention, intervention and treatment programs must be sensitive to culturally appropriate approaches to this issue and be mindful of the language used to express different experiences and perceptions in order to accurately assess the prevalence of marital rape. .
1. Recommendations
2. Criminalization of Marital Rape
3. The Kenyan legislature has three options. One is to repeal the exceptions contained in Article 43. 5 of the SOA without adding any additional wording. This would treat marital rape and rape by other perpetrators the same. The second option is to enact a provision that specifically addresses domestic rape, either by specifying that a husband is liable for rape against his wife or by adding that the perpetrator must be in a marital relationship with the complainant to be raped. Third, the legislature can enact additional laws to protect women from sexual violence. However, while criminalization is a necessary first step to protect women from domestic rape, it is not sufficient as the only remedy. This is due to the inherent limitations of criminal law.
Criminalization does not necessarily lead to a change in people's attitudes towards the act.

Judicial Intervention

The courts play an important role in the enforcement and protection of human rights. A proactive and creative judiciary is crucial in protecting married women from sexual violence. An important tool at the disposal of the Kenyan judiciary is the power of judicial review, which includes the right to strike down and enact legislation on the grounds that it is unconstitutional. Thus, the exemption for domestic rape in section 43. 5 of the SOA can be challenged constitutionally under the equality and non-discrimination clause of the Constitution.

Public education and awareness

Continued public education and awareness-raising on the issue of gender-based violence is also needed to remove gender stereotypes and negative cultural attitudes towards women. Women and men need to be made aware of the physical, psychological and economic damage caused by sexual violence at both the individual and societal levels. It would also be useful to involve traditional and community justice institutions in such campaigns to make them more democratic and gender sensitive.

James Anyanswa, Kabra Mbilili

In the court, each of them is married based on the customs law of Gikuyu and Kanba, and the fact that the second wife is married under the marriage law simply makes it easier to register for that marriage. He said that it does not change the personality of marriage, but does not affect its effectiveness. Therefore, the two wives had the right to distribute the property of the deceased with their children.

The predominance of "state abuse" in Kenya

Chapter 4 of the 2010 Kenya Constitution provides for extensive rights and fundamental freedoms for all citizens. However, most citizens have had to dance feebly to the tune of police officers blatantly violating these rights and fundamental freedoms guaranteed to them by a grossly ignorant public.

I call these "state-operated crimes," which are not even crimes in themselves as they are not backed by any written law, but are sadly enforced on ordinary citizens by an ignorant police force. Such crimes are unscrupulous police officers who have no understanding or even seem to understand the laws of the land.

Various written laws such as the Constitution, the Police Act, and even the Traffic Act, which is the highest law of the country, issued in 2010, provide specific guidelines and prescribe procedures that police should follow in the performance of their duties. It is rather sad that such people do not even understand the laws and guidelines that guide and regulate their duties as they should.

If we look at Sections 42 and 43 of the Traffic Act, we can easily see that they provide the maximum statutory penalty for speeding. For example, the fine for exceeding the speed limit must not exceed Kshs. 100, 000. But is this applied in reality?

Section 54A Section 1 of the Traffic Amendment Rules 2009 only applies to public service vehicles and taxis. This is a regulation on the tinting of vehicle windows. However, the Inspector General of Police issued a notice to remove all tinted vehicles. This is illegal and the court clarified the position of the law by ruling by Justice Odunga George that this provision only applies to public service vehicles.
1. Can a police officer enter your vehicle?
2. Article 117, Paragraph 3 of the Transportation Law, in the event of a minor traffic violation, a police officer has been accused of you or the owner of the vehicle that he committed a crime listed on the form. It is stipulated that it must be done. This paper is sometimes stuck on the vehicle, and the law stipulates that those who have been prosecuted must appear in the court within 48 hours.
3. However, the privacy rights of automotive drivers have been infringed by police officers who should protect this right. This is a complete intimidation and a complete infringement of privacy rights stipulated in Article 31 of the 2010 Constitution.
A man in uniform reported his license?

You might wonder why I don't give him a license. The simple reason is that the provisions of the Transportation Law do not acknowledge it in all cases. Article 79 (1) of the Transportation Law (1) is a crime based on this law, which may include a penalties that include the loss of a license or the qualification of obtaining a license, the suspension, cancellation, or approval. In the event of a prosecuted, if the person has a driver's license or a temporary driver's license, the license must be presented at the time of a trial in a court in which the prosecution is informed. I am.

Article 79 (3) states that "when the person who applies to (1) is charged with a crime, police officers in uniforms have their driver's license or temporary driver's license. It is possible to ask for a proof. "

The effects of the abov e-mentioned laws are that if a police officer arrested you for disqualification or obtaining a license, suspended or canceled a license, or an unpolished crime including the clause of the license, your police officer your driver's license. There is no right to confiscate a certificate. Well, you've understood this.

Did you request to get off the public service vehicle? Article 117, Paragraph 3 of the Transportation Law shows the police that the police officer has committed a crime on the paper in the event of a minor traffic violation. It is stipulated that the book must be delivered. This paper is sometimes stuck on the vehicle, and the law stipulates that those who have been prosecuted must appear in the court within 48 hours.

Elim Poon - Journalist, Creative Writer
Last modified: 27.08.2024

Website: lcusoccer.org © Kituo cha Katiba First published of the defendants in the courts of law lacked legal advice Legal and Human Rights Centre and Zanzibar Legal Services Centre, Tanzania Human Rights Report , March Page STATELESSNESS. Kituo Cha Sheria is a leading Human Rights and Legal Aid providing NGO since We are seeking to recruit dynamic, self driven and result.

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