MS RUTO

Question 1

What is Testate Succession?

Answer 1

Testate succession occurs when a person makes a valid and enforceable will that ensures that upon their death, their property passes on to the person/people of choice.

Question 2

What is the Oxygen Principle?

Answer 2

Article 159(2) (d) of the Constitution provides that “justice shall be administered without undue regard to procedural technicalities.” This principle is known as “the oxygen principle”, and it is meant to avoid the unnecessary miscarriage of justice by allowing the courts more discretion.

Question 3

What did the Court of Appeal caution in the case of Nicholas Arap Korir Salat vs Independent Electoral and Boundaries Commission

Answer 3

The application of the oxygen principle resulted in a challenge where litigants seem to disregard court rules and procedure, seemingly comfortable in the knowledge that failure to adhere will not necessarily be fatal to their case.
In the case of Kiptoo Arap Korir Salat vs Independent Electoral and Boundaries Commission & 6 Others (2013) eKLR, the Court of Appeal seemed to be wary of this trend when it cautioned, “…it ought to be clearly understood that the courts have not belittled the role of procedural rules …parties and lawyers ought to be reminded that the bare invocation of the oxygen principle is not a magic wand that will automatically compel the court to suspend procedural rules.” Thus, the courts have had to walk a fine line between giving force to the oxygen principle and at the same time upholding procedure where necessary.