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Showing posts from September, 2025

DEATH PENALTY IN KENYA

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794 Now onto today’s topic; The death penalty has long been one of the most debated aspects of Kenya’s criminal justice system. In this post, I’ll break down the landmark case of   Francis Karioko Muruatetu & Another v Republic to illustrate how the Supreme Court reshaped the law by declaring the mandatory death sentence unconstitutional. This ruling opened the door for judicial discretion in capital punishment and continues to influence how courts balance justice, fairness, and the right to life.  FACTS OF THE CASE   The petitioners were Francis Karioko Muruatetu (1st Petitioner) and Wilson Thirimbu Mwangi (2nd Petitioner).  The petitioners and others were arraigned before the High Court for the offense of murder . Upon...

COPYRIGHT: CREATION, ENFORCEMENT AND INFRINGEMENT

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794 Now onto today’s topic; Copyright refers to a legal framework that grants exclusive rights to creators of original works, such as literary, musical, artistic, and audio-visual creations. This protection safeguards the expression of an idea rather than the underlying concept or idea itself, and does not extend to elements like logos, titles, or factual information.  The exclusive rights granted to authors and creators, which can include authors of literary works, composers of musical works, producers of sound recordings and films, architects, performers, and broadcasters, allow them to control actions like reproducing, adapting, distributing, performing, and broadcasting their work. The primary goal of copyright protection is to encourag...

INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS

Looking for clear, detailed, and exam-friendly legal notes ? I’ve put together comprehensive materials designed to make learning and revision effortless . Grab your copy of any unit for just Ksh 1,000 ! 📞 To get your copy, reach out on 0717249794 Now onto today’s topic; Intellectual Property (IP) refers to the non-physical creations of the human mind. Think of inventions, artistic works, brand names, and secret business formulas, these are all valuable assets. Protecting these assets through Intellectual Property Rights (IPR) is vital, especially in a world driven by innovation. This legal protection is crucial for the commercial success and long-term viability of your creations.  In Kenya, the legal framework for IP includes laws like the Copyright Act (2001) and th e Intellectual Property Act (2001) , among others. These laws grant the owner of an IP right the legal power to decide how it is used and by whom.  Ownership of IP in Kenya can be established in several ways...