India’s Allahabad High Court Sunday issued notice to the government of Uttar Pradesh regarding the grossly misconducted magisterial inquiry into the death of a prisoner in May. The court held that the inquiry was a “dereliction of duty and gross abuse of power, affecting the rule of law.” The petitioner’s father, Sudhakar Prasad Dubey, was [...]
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Aynsley Genga is a JURIST Staff Correspondent in Kenya. She reports from Nairobi. Monday September 5 was the day the Kenya Supreme Court delivered its final verdict on the presidential election petition. Or maybe, as others have said, it was the day Kenya officially lost its democracy. It was the day the judges declared William [...]
Indonesia activists ask court to allow human rights case against Myanmar junta
Leading Indonesian public figures Wednesday petitioned the Constitutional Court of the Republic of Indonesia to permit a case against the Myanmar junta. The application claims that the junta must be tried for crimes against humanity, war crimes and genocide against Myanmar’s Muslim population. The Constitution of the Republic of Indonesia speaks of human rights abuses [...]
The Supreme Court of Kenya Monday dismissed a challenge to the victory of Kenya’s president-elect William Ruto. The ruling puts an end to a tough electioneering period and paves the way for the president-elect’s swearing-in next week. Following the declaration of the presidential results by the electoral commission on August 15, the court received a [...]
Aynsley Genga is a JURIST Staff Correspondent in Kenya. She reports from Nairobi. Friday was the final hearing day for the presidential election petition before the Supreme Court of Kenya. The Supreme Court’s agenda for the day was listening to the answers given by both the respondents and petitioners to outstanding questions judges had asked [...]
Kenya dispatch: lawyers press case for Ruto, IEBC chair as Supreme Court weighs election challenges
Aynsley Genga is a JURIST Staff Correspondent in Kenya. She reports from Nairobi. Earlier this week Kenya’s Supreme Court issued an order for the recounting of voting in 15 constituencies during Kenya’s recent general elections following a request made by the Azimio party. Once the recount was completed, the Registrar of the Supreme Court submitted [...]
Kenya dispatch: Supreme Court hears presidential election challenges
Aynsley Genga is a JURIST Staff Correspondent in Kenya. She reports from Nairobi. This has been a very hectic week for Kenya. Mombasa and Kakamega had their gubernatorial elections on Monday, while Rongai, West Pokot South and Kacheliba had their Member of Parliament (MP) elections the very same day. The Azimio La Umoja party won [...]
India court rules Islamic call to prayer does not violate fundamental rights
India’s Karnataka High Court Monday dismissed a petition challenging the contents of the Islamic call to prayer (Azaan). The petition asserted that the term “Allahu Akbar,” Allah is the greatest, hurt the sentiments of other religious beliefs. The court held that Article 25 and 26 of India’s Constitution “embodies the principle of religious tolerance” and [...]
Kenya dispatch: multiple election petitions flood Supreme Court as presidency hangs in the balance
Aynsley Genga is a JURIST Staff Correspondent in Kenya. She reports from Nairobi. Kenyan elections are like a movie – a really good movie, in fact. We have the theatrics and the suspense element and our elections have enough plot twists to leave the whole world at the edge of their seats as they wait [...]
India high court rules online intermediaries immune from criminal prosecution for counterfeit goods
The Delhi High Court Wednesday ruled that Flipkart Internet Private Limited has intermediary status under Section 79 of the Information Technology Act and is therefore entitled to safe harbour immunity from criminal prosecution. The proceedings arose out of a criminal complaint registered with the Delhi Police under Section 63 of the Copyright Act and Sections 103 and [...]