Tharuma Trevisan Advocates

09/08/2023

"Closing a case file as a lawyer brings unique happiness. It's when all the pieces of hard work, dedication, and legal expertise come together. It's a moment of satisfaction and achievement, like guiding justice to its rightful place."

10/01/2023

Fairness in all forms of termination is the staple of industrial law.

08/09/2022

Judgment writing is the hardest of the legal arts to master in the entire common law world. It requires a mastery of legal methods and pure writing skills, not merely wisdom, learning, good temperament, common sense, devotion to duty, and hard work.

According to Rtd Justice Lee Muthoga, a Judgment is about telling the losing party why it lost. It is best to approach it by explaining its position because it is the party most interested to know why it did not win and also most likely to appeal or seek a review. The winning party would care less how it won.

Following the decision of the Supreme Court of Kenya in the presidential petitions of 2022, there have been numerous criticisms about the language used by the Court in the abridged version of their judgment. The complaints express that the choice of words by the Court was unnecessarily harsh and punitive.

Before we censure the Supreme Court, we ought to interrogate what is the language through which our legal system operates.

What is the language of our law?

“this is without any doubt the most gruesome murder of my career, it is my intent that you never see the sun rise, the sunset or take a breath outside the walls of prison”

05/08/2022

https://tta.co.ke/review-of-the-sustainable-waste-mangement-bill-2021/

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 separat...

03/08/2022

https://tta.co.ke/case-brief-peter-mwau-muinde-and-another-vs-insurance-regulatory-authority-and-2-others/

Peter Mwau Muinde and another filed a Petition in Court seeking a declaration that the Insurance Regulatory Authority and Invesco Assurance Limited had violated their rights and that they should be ordered jointly and severally to settle all decretal sums and costs entered against the Petitioners in...

18/05/2022

https://tta.co.ke/case-brief-musk-deer-limited-vs-benjamin-k-kipkurui-another-2018-eklr/

Prior to an incident that happened on 16th June, 2007, Benjamin K. Kipkurui (1st respondent) may have thought he was the absolute registered proprietor of a property comprised in a Title registered at the Lands Titles Registry, Mombasa as C.R. 21127.

01/03/2022

The life of the law has not been logic, it has been experience - Oliver Wendell Holmes

04/09/2021

There is an accuracy that defeats itself by the overemphasis of details...The sentence may be so overloaded with all its possible qualifications that it will tumble down of its own weight. Justice Benjamin Cardozo

23/08/2021

Because law is a system of social control, it depends in a democracy on faith—not guns—to achieve its purposes. People must believe in the majesty of the law. The language of the law is, according to this argument, a form of magic, a ritual incantation. (Centuries ago, the ritual function was all there was. The litigant or lawyer would recite a formulaic defense, and if he stumbled or misspoke, his misstatement was taken as a sign from God that his cause was wrong.) In some contexts even today, such as the taking of an oath (“the truth, the whole truth, and nothing but the truth”), ritual phraseology “is designed to convey, not information, but emotion—fear, awe and respect,” says Lawrence Friedman.

21/07/2021

https://tta.co.ke/kenyas-e-waste-management-strategy/

UNEP estimates the current e-waste generated annually in Kenya at 11,400 tonnes from refrigerators, 2,800 tonnes from TVs, 2,500 tonnes from personal computers, 500 tonnes from printers and 150 tonnes from mobile phones. Due to a lack of adequate or efficient regulatory framework, electronic devices...

29/06/2021

https://tta.co.ke/a-review-of-the-environmental-management-and-coordination-act-extended-producer-responsibility-regulations-2020/

1. Extended Producer Responsibility (EPR) refers to the obligations placed on producers and manufacturers of goods and services to reduce pollution through implementation of environmentally sound practices in all phases of a products life cycle including post- consumer and the end of life cycle of t...

22/04/2021

https://tta.co.ke/review-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).