Quincy on the Law

An unconscionable contract is one that is extremely unfair, unduly harsh and commercially unreasonable. We expound on more about this in the context of lenders and exorbitant interest rates.

This episode episode expounds on the need for expert testimony, its qualification and probative value.

Are you facing the threat of auctioneers? Here is the law, their duties, obligations and timelines.

In a landmark judgment, Peter Mwau and another vs Insurance Regulatory Authority and two others, the IRA was found liable to settle the judgments entered against policy holders who had taken out an insurance cover with a collapsed insurance company. The insurance Co failed to settle claims leading to execution and attachment of a policy holder's personal property. The rationale of the Court was that it is double jeopardy for the state to mandate parties to take out insurance covers yet fail to monitor insurance companies to ensure that the consumers of the insurance services receive the same.

In this episode, we brief the aforementioned case. The issues that crystallised therein and are of interest are whether an authority can re-alot property without repossession from the original allotee, the importance of conducting a search at the rating authority before acting on a property and the rectification of title. #LandLitigationLaw #SpotifyLaw #TwitterLaw

In this episode we analyse cases emanating from High Court and Court of Appeal in Kenya surrounding the doctrine of the Bona-fide Purchaser for value without notice.

We cast our legal lenses upon the Bona-fide Purchase for Value without Notice of any fraud as it applies to real property, conveyancing and Land law in Kenya.

This is a case brief of the appellate decision of Musk Deer Ltd vs Benjamin Kipkurui and another. This case involved a demand for rates, failure of service, sale of property by public auction without notice to the owner. Enjoy.

What happens when you lose a case? We discuss the dynamics involved in the loss of litigation and how best to "take it with grace" or challenge it.

This episode analyses the finding of the Supreme Court of Kenya as regards Presidential Immunity. SCORK reversed the decision of the High Court which had been upheld by the Court of Appeal. The question was ultimately decided upon interpretation of the Constitution of Kenya.

This episodes discusses the Firearms Act and Firearms regulations deducing what it takes to possess and own a gun in Kenya

The death of retired president Mwai Kibaki has brought into focus the inadequacy of laws governing state Funerals in Kenya. We look a the laws governing death of the 3 types of Presidents under Kenyan law and the insufficient patchwork of laws over state Funerals.

Presidential immunity was given focus in the BBI decisions that started from the High Court of Kenya to the Supreme Court. This podcast looks into what the judges of the High Court and Court of Appeal had to say about Presidential immunity.

In this episode, we revisit the theme "Why the President of Kenya cannot be sued. We dig deeper and look at some justifications for and against the theme."

An analysis of the doctrine of presidential immunity as it applies in Kenya.