1. Law Lecturer and Advocate of the High Court of Kenya (). I wish to express my gratitude to Henry Mutai, Christine Bell, Terri Drage, Mary O'Rawe, and Clare Dwyer for their valuable comments and insights on drafts of this article. The useful suggestions by the reviewers of King's College Law Journal are also appreciated. Thanks are due too to Catherine Turner for her editorial advice. Any errors are mine. This article is dedicated to my family for their endless support and encouragement.