by Ian NjathiReview of the Sustainable Waste Mangement Bill 2021
Sustainable Waste Management Bill/Act Review By Ian Njathi Ngugi(LL.M, LL.B, KSL Dip) The Sustainable Waste Management Bill is a breath of fresh air in the sense that for a long time the issue of waste management was left to the county councils and as such it was not dealt with on a national level. The Act comes to address systemic issues that have long plagued collection and separation of...
by Ian NjathiReview of the Water Services Regulations 2021
By Ian Njathi Ngugi(LLM, LLB, KSL Dip) The regulations were formulated by the Cabinet Secretary of Water and Sanitation following her powers as stipulated under section 142 of the Water Act, 2016 and in line with the constitutional mandate of the national government to make policies and laws to ensure respect, protection and realization of human right to water and sanitation. The...
by Ian NjathiWhat You Need To Know About Rental Income Tax in Kenya
By Ian Njathi (LL.B., LLM, Dip in Law) 1. What is rental income tax? 1.1. Rental income refers to the usually fixed periodical payments made by a tenant or occupant of property to the owner or landlord for the possession or use of the property. The income, for the purposes of tax could form part of the core business of a resident or could be incidental to the core business of the person. If...
by Ian NjathiTHE LAW ON BODY EXHUMATION
By Ian Njathi (LL.B., LLM, Dip in Law) 1. Once a body has been buried, it is under the Custody the Law. 2. The law on exhumation of bodies or remains of bodies is provided for under the Public Health Act(Cap 242) section 146 which provides that it is unlawful to exhume any body or remains of any body interred in any authorized cemetery or burial ground without a permit. 3. The permit is...
by Ian NjathiREVIEW OF THE FOREST CONSERVATION AND MANAGEMENT ACT
1. Forests are important natural resources that have been accorded a certain level of importance in the protection, conservation and management of the environment in Kenya. The main Act regulating forests in Kenya is the Forest Conservation and Management Act No 34 of 2016 (FCMA). 2. The FCMA was enacted to give effect to Article 69 of the Constitution of Kenya which provides for the...
by Ian NjathiREVIEW OF THE CLIMATE CHANGE ACT, 2016
By Ian Njathi (LL.B., LLM) 1. The Climate Change Act of 2016 was enacted to provide for a regulatory framework that catered for an enhanced response to climate change in addition to establishing mechanisms and measures to achieve low carbon climate development. Goals and Objectives of the Act 2. In order to achieve its primary goals and objectives, the provisions of the Act were enacted to be...by Ian NjathiRamsar Convention on Wetlands’ Influence on National Wetlands Conservation and Management Policy and EMCA Wetlands Regulations of 2009.
By Ian Njathi (LL.B., LLM, Dip in Law) 1. The world recently celebrated World Wetlands Day on 2nd February. This is a day to celebrate and raise global awareness as to the vital importance of wetlands to people and to the planet. 2. This day is also celebrated as the day when the Ramsar Convention was adopted in the City of Ramsar on 2nd February 1971. The Convention has been instrumental in...
by Ian NjathiNoisy Neighbour Beware: What the Law States about Night Clubs in Residential Areas
By Ian Njathi ( LLM,LL.B, Dip in Law, Cert EIAA ) People, in their very nature are unique individuals, it is for this reason that not everyone has preference to the same sounds and thus a noise nuisance is bound to happen when nightclubs are allowed to operate in residential areas. Nightclubs are known to play loud music particularly at night time hours. It is during these hours that...
by Ian NjathiCase Brief Supreme Court Petition No. 4 of 2019 Law Society of Kenya (LSK) V. Attorney General (AG) and Another
By Ian Njathi (LL.M., LLB, Dip in Law) Coram: Maraga (CJ &P) Wanjala, Njoki, Lenaola & Ibrahim, SCJJ Background of the Case 1. The petition was filed on 4th February 2019 by the petitioners LSK as an appeal challenging the decision of the Court of Appeal (COA)dated 17th November 2017. The COA had reversed the order of the High Court that had declared sections 4; 7(1) (2); 10(4); 16;...
by Ian Njathi