SU+ Digital Repository

SU+ is an online repository for the preservation and promotion of assorted digital content at Strathmore University

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[ISSN 2519-5883]
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Now showing 1 - 5 of 7

Recent Submissions

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Parole in Kenya; a case for a more comprehensive parole framework in Kenya
(Strathmore University, 2024) Wafula, B. S.
In response to the inherent challenges in fulfilling the rehabilitative aspect of sentencing within our current criminal justice system, particularly contributing to escalating recidivism rates, this research advocates for crucial reforms in the prison setup. Specifically, the study delves into a comprehensive examination and assessment of the legal, policy, and institutional framework governing parole in Kenya. The primary objective is to pinpoint potential deficiencies, inadequacies, and areas requiring improvement within the existing legal framework, in particular the Prisons Act which has mandate when it comes to matters parole. Furthermore, the research seeks to investigate the viability of conducting a comparative analysis between the parole laws of Kenya and South Africa. This comparative lens aims to discern whether leveraging insights from South Africa's legal approach to parole could contribute substantively to the enhancement of Kenya's parole laws. This paper recommends for the establishment of dedicated parole boards. These boards would be specifically tasked with hearing cases related to parole and determining whether individuals meet the criteria for release. The findings are expected to inform policy makers, lawyers, adjudicators, and scholars, contributing to the ongoing discourse on the optimization of parole administration in Kenya. Key Words: Parole, Recidivism, Framework, Commissioner, Parole Board.
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African customary marriage in Kenya: a case for notification and consent regarding subsequent marriages
(Strathmore University, 2024) Narikae, N.
The Marriage Act, 2014 is the regime of law that primarily regulates the regime of marriage in Kenya. This Act provides for Customary polygamous marriages, from their inception to their dissolution. The Marriage Act, 2014, however, is quiet on the matter of notification and consent of subsequent marriages in Customary polygamous marriages. This study purposes to examine whether the lack of a provision requiring the mandatory notification and consent of a current wife or wives of subsequent marriages in Customary marriages violates Article 45(3) of the Constitution of Kenya and Section 3(2) of the Marriage Act. The study plans to achieve this purpose by pursuing set objectives. The study will examine the legal framework governing Customary polygamous marriages in Kenya, the application and interpretation of these provisions, as well as the realisation of equality in Customary polygamous marriages. The study also seeks to analyse the effect of the absence of a notification and consent clause regarding subsequent marriages in the Marriage Act, 2014, on the equality of parties in Customary polygamous marriages. This author will undertake a desk-based approach to conduct this research. Primary and secondary sources will be used in this paper, including various pieces of legislation and journal articles, among others. This paper’s hypothesis is that the absence of a provision requiring the mandatory notification and consent of a current wife or wives of subsequent marriages, does indeed violate the equality of parties in Customary marriages. This work then intends to recommend that an amendment is made to the Marriage Act, 2014, to incorporate a provision requiring the mandatory notification and consent of a current wife or wives of subsequent marriages in Customary marriages. In order to realise the equality aims of Article 45(3) of the Constitution of Kenya and Section 3(2) of the Marriage Act, and further achieve substantive equality and equity in Customary polygamous unions.
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Compulsory licensing for pharmaceutical access in East Africa: the challenge of Kenya’s failure to adopt article 31bis of the TRIPS Agreement
(Strathmore University, 2024) Miriti, V. K.
Sub-Saharan Africa, including East Africa, grapples with profound public health challenges exacerbated by limited access to pharmaceuticals. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, enacted in 1995, introduced patent rights for pharmaceutical products, restricting generic production. Article 31 of the TRIPS Agreement permits compulsory licensing to facilitate cheaper generic versions and its amendment, Article 31bis, enables countries in a regional trade area to combine their markets and thus incentivise manufacturers to supply them with the needed medicines. However, the implementation of the Article 31bis system, intended to enhance access, remains underutilized with many smaller economies lacking legislation adopting the amendment into law. Kenya's stringent patent regime, compounded by its lack of legislation implementing Article 31bis, stifles regional cooperation within the East African Community (EAC). Kenya, boasting the largest pharmaceutical market and sector in the EAC, is therefore prevented from leverage the Article 31bis system, impeding regional efforts to increase economies of scale and alleviate pharmaceutical accessibility issues. Urgent action is needed to adopt implementing legislation and unlock the potential benefits of compulsory licensing, facilitating broader regional collaboration and addressing medication access challenges in the EAC.
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Evaluating legal and policy responses to online child grooming awareness in Kenya
(Strathmore University, 2024) Onyango, B. C.
The digital age has revolutionized access to information and communication, but it has also created fertile ground for online child exploitation, including grooming. This phenomenon, where perpetrators manipulate and build trust with minors online for malicious purposes, poses a growing threat in Kenya. This paper delves into the complexities of online child grooming in the Kenyan context. It analyses how algorithms and digital platforms both enable and complicate efforts to identify and prevent such offenses. The focus then shifts to the legal and policy frameworks in place to tackle this issue. The paper evaluates the effectiveness of existing laws and examines the policy initiatives aimed at curbing online child exploitation. Crucially, the paper analyses the limitations of these existing frameworks and identifies key gaps in legal and policy responses. Finally, the paper proposes solutions and recommendations for strengthening Kenya’s response to online child exploitation and grooming. This could involve legislative reforms, enhanced collaboration between law enforcement and tech companies, and the development of effective awareness-raising campaigns targeting both children and their caregivers. Keywords: Online child exploitation, grooming, Kenya, digital age, legal framework, policy responses, technology.
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Examining the use of post nuptial agreements: an analysis of the incorporation of post nuptial agreements in the matrimonial property regime of Uganda.
(Strathmore University, 2024) Matovu, J. H.
The right to own property has been recognized and protected under the Constitution of Uganda under Article 26 as well as other international instruments. The specific area to be discussed is matrimonial property. The allocation of matrimonial property is regulated by Article 31 of the Ugandan Constitution, along with other international agreements and legal precedents. Due to the absence of guidelines, the discretion exercised by the court has been abused by judicial officers in certain situations and this has led to injustices. In view of this, the court’s discretion needs to be guided so that more fair and equitable decisions are rendered by the courts. The paper builds a case for post nuptial agreements to bridge the gap in the matrimonial property regime of Uganda. The study recognises that these agreements act as guiding principles for courts which would prevent the abuse of their discretion without ousting their jurisdiction. Keywords: Matrimonial Property, Post nuptial agreements, Uganda