Category: Landmark Cases

Unconscionable Contracts: A review of the Law on Duress and Undue Influence- Stella Wairimu Njagi

In order to determine that a contract is unconscionable, “coercion of the will” of the disadvantaged party must be established. This essentially means that a certain amount of pressure is exerted by the ‘stronger’ party to ensure that the other party accedes to the terms of the contract. This pressure, however, must be illegitimate and thus encouragement by a person of influence over a party does not suffice.

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Hijab High-jack: The Supreme Court of Kenya

In the late January this year, the Supreme Court of Kenya in its majority decision, and with the dissenting opinion of one of the Supreme Court Justices- Prof JB Ojwang’ held to the effect that the decision to allow Muslim girls wear their hijab and trousers was discriminative, unconstitutional and unlawful.

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