Kenya Trending on Twitter

By Kamau Wanguhu Ardent twitterzens will have noticed in the past two days two distinct Kenyan topics that have been trending: firstly the passing on of Prof Wangari Maaathai a Nobel peace prize winner, great conservationist and former Member of Parliament. Secondly has been #Things stronger than the Kenyan shilling, a tongue in cheek commentary on the tanking of the Kenyan

Share
Read more

The Death of Alien torts ?

  By Charles Wanguhu The Alien Tort Claims Act was adopted in 1789 as part of the original Judiciary Act. The Alien Tort Claims Act (ATCA) allows foreign victims of human rights abuses to sue perpetrators in United States courts. In a recent development in Kiobel v. Royal Dutch Shell, the the 2nd U.S. Circuit Court of Appeals rejected outright

Share
Read more

Ethical investing vs. Shareholder activism

By Charles Wanguhu   Churches are once again taking the lead in ethical investing. A short while ago I wrote about the catholic church pulling out of a fund which was found to have investments in defense, contraception and other companies contrary to the catholic faith. Consequently the Church of England has sold its £3.8 million stake in Vedanta Resources,

Share
Read more

Indefeasibility of title? Not that indefeasible in Kenya?

By Charles Wanguhu The caveat emptor rule dictates that an individual seeking to purchase land should ensure that he is dealing with the rightful owner. Therefore upon inspection of the register kept at the ministry of lands, an individual seeking to ensure the ownership of land would request the registrar for an official confirmation of search, the advantage of the

Share
Read more

Will the real Leeds owners please stand up?

By Charles Wanguhu In the current financial crisis the role of offshore havens have been placed in the spotlight and quite rightly so. The lack of transparency in their dealings has meant that these centres have not only been used for tax evasion, money laundering, but also as bases for special purpose entities. The role of British offshore havens has

Share
Read more

The not so ethical investments

By Charles Wanguhu Financial institutions offering Ethical investment in practice exclude companies with interests in armaments, oppressive regimes, nuclear power, tobacco, vivisection, gambling, alcohol and pornography. Environmental (and ethical) investments also aim to invest in companies with positive effects on the environment. Characteristics of such companies include but are not limited to: socially responsible, environmentally conscious companies, and equal opportunity

Share
Read more

Piracy Kenyan Courts Forum non conveniens?

By Charles Wanguhu The doctrine of Forum non conveniens offers a court the opportunity to decline, in the interest of justice, to exercise jurisdiction, where the suit is between aliens or nonresidents, or where for kindred reasons the litigation can more appropriately be conducted in a foreign tribunal. Placing the above in context, what is Kenya’s interest in a British

Share
Read more

Privy Council In Bank Ruling Wraps Jamaican Judiciary On the Knuckles, Part II

By: Ainsley Brown The claims advanced by Olint, though ultimately would proven to be groundless is very important because it, gave us a brief glimpse into the subtleties of judicial politics. Before I go any further some context by way of an example I believe would be useful. The words with all due respect, seem quite mundane or you could

Share
Read more

Privy Council In Bank Ruling Wraps Jamaican Judiciary On the Knuckles, Part I

By: Ainsley Brown The House of Lords, with its Judicial Council of the Privy Council hat on, as Jamaica´s court of final appeal, handed down a judgment that is set to have repercussions well beyond the interests of the parties involved. In fact the consequences of his judgment go beyond just banking or investing but engages commercial dispute resolution, specifically

Share
Read more
1 2