Virginia Wambui Waiyaki Otieno
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Virginia Wambui Waiyaki Otieno
Virginia Edith Wambui Otieno (1936–2011), born Virginia Edith Wambui Waiyaki, who became Wambui Waiyaki Otieno Mbugua after her second marriage, and generally known as Wambui, was born into a prominent Kikuyu family and became a Kenyan activist, politician and writer.Adenekan (2011), ''Wambui Otieno Mbugua obituary'' Wambui became prominent in 1987 because of a controversial legal fight between her and the clan of her Luo husband Silvano Melea Otieno over the right to bury Otieno. The case involved the tension between customary law and common law in modern-day Kenya in the case of an inter-tribal union. The various legal hearings this case stretched over more than five months and the final verdict suggested that a Kenyan African was presumed to adhere to the customs of the tribe they were born into unless they clearly and unequivocally broke all contact with it. As Otieno retained some rather tenuous links with his clan, they were awarded the right to bury him, ignoring Wambui' ...
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Kikuyu People
The Kikuyu (also ''Agĩkũyũ/Gĩkũyũ'') are a Bantu ethnic group native to Central Kenya. At a population of 8,148,668 as of 2019, they account for 17.13% of the total population of Kenya, making them Kenya's largest ethnic group. The term ''Kikuyu'' is derived from the Swahili form of the word Gĩkũyũ. is derived from the word mũkũyũ which means sycamore fig (''mũkũyũ'') tree". Hence ''Agĩkũyũ'' in the Kikuyu language translates to "Children Of The Big Sycamore". The alternative name ''Nyũmba ya Mũmbi'', which encompasses ''Embu'', ''Gikuyu'', and ''Meru'', translates to "House of the Potter" (or "Creator"). History Origin The Kikuyu belong to the Northeastern Bantu branch. Their language is most closely related to that of the Embu and Mbeere. Geographically, they are concentrated in the vicinity of Mount Kenya. The exact place that the Northeast Bantu speakers migrated from after the initial Bantu expansion is uncertain. Some authorities sugge ...
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Kenya African National Union
The Kenya African National Union (KANU) is a Kenyan political party that ruled for nearly 40 years after Kenya's independence from British colonial rule in 1963 until its electoral loss in 2002. It was known as Kenya African Union (KAU) from 1944 but due to pressure from the colonial government, KAU changed its name to Kenya African Study Union (KASU) mainly because all political parties were banned in 1939 following the start of the Second World War. In 1946 KASU rebranded itself into KAU following the resignation of Harry Thuku as president due to internal differences between the moderates who wanted peaceful negotiations and the militants who wanted to use force, the latter forming the Aanake a forty (The forty Group), which later became the Mau Mau. His post was then occupied by James Gichuru, who stepped down for Jomo Kenyatta in 1947 as president of KAU. The KAU was banned by the colonial government from 1952 to 1960. It was re-established by James Gichuru in 1960 and renam ...
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Levirate Marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage outside the clan) is forbidden. Etymology The term ''levirate'' is derived from the Latin ''levir'', meaning "husband's brother". Background and rationale Levirate marriage can, at its most positive, serve as protection for the widow and her children, ensuring that they have a male provider and protector. Levirate marriage can be a positive in a society where women must rely on men to provide for them, especially in societies where women are under the authority of, dependent on, in servitude to or regarded as possessions of their husbands, and to ensure the survival of the clan. The practice of levirate marriage is strongly associated with patriarchal societies. The practice was extremely important in ancient times (e.g., Ancient Near East ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Next Of Kin
A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal definition and may not necessarily refer to blood relatives at all. In some legal systems, rights regarding inheritance (which imply a decision-making capacity — for example, in a medical emergency — where no clear will or instructions have been given, and where the person has no spouse) flow to the closest relative (regardless of the age, with a representative appointed if a minor), usually a child, a parent or a sibling. However, there are people without any close adult relatives and, in such a case, decision-making power often flows to a niece or nephew, first cousin, aunt or uncle, or grandparent. For example, if a person dies intestate, the laws of some jurisdictions require distribution of the estate to the decedent's spouse or c ...
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Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Nairobi
Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper had a population of 4,397,073 in the 2019 census, while the metropolitan area has a projected population in 2022 of 10.8 million. The city is commonly referred to as the Green City in the Sun. Nairobi was founded in 1899 by colonial authorities in British East Africa, as a rail depot on the Uganda - Kenya Railway.Roger S. Greenway, Timothy M. Monsma, ''Cities: missions' new frontier'', (Baker Book House: 1989), p.163. The town quickly grew to replace Mombasa as the capital of Kenya in 1907. After independence in 1963, Nairobi became the capital of the Republic of Kenya. During Kenya's colonial period, the city became a centre for the colony's coffee, tea and sisal industry. The city lies in the south central part of Kenya, at an elevation ...
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Intestacy
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ...
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Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, meaning that their members can marry one another. Clans preceded more centralized forms of community organization and government, and exist in every country. Members may identify with a coat of arms or other symbol to show that they are an . Kinship-based groups may also have a symbolic ancestor, whereby the clan shares a "stipulated" common ancestor who serves as a symbol of the clan's unity. Etymology The English word "clan" is derived from old Irish meaning "children", "offspring", "progeny" or "descendants"; it is not from the word for "family" or "clan" in either Irish or Scottish Gaelic. According to the ''Oxford English Dictionary'', the word "clan" was introduced into English in around 1425, as a descriptive label for the organization ...
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Myocardial Infarction
A myocardial infarction (MI), commonly known as a heart attack, occurs when blood flow decreases or stops to the coronary artery of the heart, causing damage to the heart muscle. The most common symptom is chest pain or discomfort which may travel into the shoulder, arm, back, neck or jaw. Often it occurs in the center or left side of the chest and lasts for more than a few minutes. The discomfort may occasionally feel like heartburn. Other symptoms may include shortness of breath, nausea, feeling faint, a cold sweat or feeling tired. About 30% of people have atypical symptoms. Women more often present without chest pain and instead have neck pain, arm pain or feel tired. Among those over 75 years old, about 5% have had an MI with little or no history of symptoms. An MI may cause heart failure, an irregular heartbeat, cardiogenic shock or cardiac arrest. Most MIs occur due to coronary artery disease. Risk factors include high blood pressure, smoking, diabetes, ...
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