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Articles

The Office of the Data Protection Commissioner’s Guidance Note on Consent

Section 30 of the Data Protection Act provides for nine lawful bases for processing personal data. Of these nine, consent is arguably the most important—and the most contentious. The vast majority of the 31 reported determinations of the Office of the Data Protection Commissioner (ODPC) in 2023 dealt with situations where a data subject objected to the...

Kenyan High court upholds the doctrine of ius accrescendi 

The doctrine of "ius accrescendi," also known as the right of survivorship or the right of accrual, originates from Roman law. Under this doctrine, upon the death of one joint owner, their interest in the property automatically passes to the surviving joint owner(s)rather than becoming part of the Deceased's estate for the purposes of testamentary distribution or intestate succession.

Understanding the Conflict of Interest Bill, 2023

At the heart of the Act are the specific and general Codes of Conduct and Ethics, which lay down the fundamental principles guiding public officers. These codes emphasize efficiency, honesty, conflict of interest avoidance, political neutrality, and the shunning of nepotism. Moreover, they mandate public officers to submit biennial financial declarations, enhancing financial transparency.

Comments on the Marriage (Amendment) Bill, 2023

Marriage is not simply the legalization of an informal union, of some “set of heterosexual unions undertaken with some idea of duration and manifested to the relevant social environment.”[1] Rather, marriage is a union of unconditional love between a man and a woman. In marriage, a man and a woman pledge to love each other without conditions, giving themselves completely to each other.

The National Housing Development Fund (III) – The Taxes We Ought (Not) to Pay

Ultimately, it is land and labor that produce wealth.[3] Land, considered as such, cannot have duties since it is an inanimate object. Therefore, naturally occurring resources (e.g., trees, water, etc.) should be freely available for use or consumption. As Adam Smith recognized, it is the institution of private property or, in more expressive terms, private sovereignty over property[4] that puts a price tag on these resources – and unjustly so.[5]

The National Housing Development Fund (I): What Exactly is the Problem?

Few people, if any, doubt that housing is a problem worth resolving. The Center for Affordable Housing Finance Africa (CAHF) estimates that Kenya faces a housing deficit of 80%. While the demand for housing is estimated at 250,000 units per year, only 50,000 new units are delivered annually. The National Housing Corporation estimates that Kenya faces a housing deficit of 2 million units and counting.

Matrimonial Property in the Supreme Court – Part III: A Holistic View of Matrimonial Property

If the matrimonial property belongs entirely to each spouse, it is simply incorrect to speak of them owning the property in “proportions” as the Supreme Court did. The proportion proper to each spouse is the whole. And while it is true that some people may actively mistreat, manipulate, or exploit their spouses, these problems are properly dealt with according to the logic of self-gift that animates the union of marriage. What a man has given does not belong to him anymore.

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