Victor Mawira
Kenya School of Law
I am a Kenya School of Law student, passionate about the intersection of technology and law. I write to make legal knowledge accessible — breaking down complex doctrines, case law, and procedure into clear, practical insights for fellow students and practitioners.
Articles by Victor Mawira
Environmental Impact Assessment Is a Legal Precondition, Not a Government Courtesy: Why NEMA Must Enforce Section 58 Strictly
Section 58 of the Environmental Management and Co-ordination Act does not give a developer the option to proceed without an Environmental Impact Assessment licence. It prohibits it. NEMA and the courts need to treat that prohibition as what it is.
The Tender Years Doctrine Has No Statutory Basis in Kenya and Courts Must Stop Applying It
The Children Act, No. 29 of 2022 establishes best interests as the paramount consideration in custody matters. The common law presumption that mothers of young children should ordinarily receive custody is not in that Act and it is not in the Constitution. Courts that apply it are legislating from the bench.
An Arrest Made Without Informing the Suspect of Their Article 49 Rights Is Unlawful on Its Face
Article 49 of the Constitution of Kenya 2010 is not a procedural courtesy. It is a substantive right. A police officer who arrests a person without immediately informing them of their rights has committed an unlawful act, and courts must not treat that violation as technical.
Courts Applying Adverse Possession Under the Land Registration Act Are Getting the Threshold Wrong
Section 38 of the Land Registration Act, No. 3 of 2012 raised the bar for squatter claims in a fundamental way that many courts are still refusing to acknowledge. Twelve years of occupation is not enough on its own.
The Sexual Offences Act Cannot Lawfully Exempt Rape Within Marriage
The implied exemption that shields a husband from rape prosecution under the Sexual Offences Act, No. 3 of 2006, is not a defensible policy choice. It is a constitutional violation, and courts should say so plainly.