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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Communities in DSpace

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Now showing 1 - 5 of 7

Recent Submissions

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Leadership and governance parity: are there adequate mitigation measures for women in sports governance in Kenya?
(Strathmore University, 2024) Njeri, C. E.
In Kenya, the under-representation of women in sports governance persists as a serious problem that reflects larger obstacles to gender equality in the sports industry. This study explores the institutional and sociocultural hurdles that prevent women from entering and progressing in sports governance to understand the motivations behind the ongoing gender disparity in leadership roles. Using a mixed-methods approach, this study examines the experiences and viewpoints of women in Kenyan and western sports governance using a thorough analysis of the body of current literature. The study investigates structural barriers, subconscious biases and conventional gender norms that marginalise women and prevent them from occupying positions of decision-making. Studies show ingrained prejudices that support the idea that sports governance is a field dominated by males and deter women from pursuing leadership positions. The low number of women in executive roles is also a result of institutional hurdles, such as uneven access to resources and few mentorship opportunities. The study assesses how this under-representation affects the growth of women's sports, the distribution of resources and the creation of laws that deal with challenges unique to one gender. To promote a more inclusive sports governance climate in Kenya, the research offers viable tactics and interventions, such as focused mentorship programs, awareness campaigns and regulatory changes. This study intends to add to the existing conversation on gender equality in the sports industry by illuminating the complex reasons behind women's under-representation in sports governance in Kenya. The results offer significant perspectives for legislators, athletic associations and advocacy groups aiming to execute efficacious strategies to tackle this structural disparity and foster a fairer and more varied sports governance terrain in Kenya.
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Killer or victim: an evaluation of the law on infanticide in Kenya
(Strathmore University, 2024) Ouma, B. A.
Motherhood is considered to be one of the greatest joys in a woman’s life. Despite the challenges that are coupled with it, most women would consider being a mother as a very fulfilling journey. Thus, women who kill their children present a profound challenge to the accepted notions of motherhood which emphasize on the security that a mother is expected to accord to their child. The offence of infanticide in modern times has been construed to mean the action of a woman causing the death of her infant due to the challenges that come with childbirth and the effects of lactation. This shows that the law appreciates the reality that the woman’s mind was incapacitated at the time of occurrence of the offence, however, the offence is still criminalized due to the life that has been lost. The study employs the use of qualitative research through the use primary sources such as statutes as well as secondary sources. This study evaluates whether the law in Kenya should continue criminalizing the offence of infanticide. The study considers the current approach taken by different courts in Kenya in deciding such cases. This study also employs the use of a comparative analysis in analysing the development of the law on infanticide using the UK as a comparative jurisdiction. Through the comparative analysis, the study recommends adapting some of the practices that courts in the UK have taken up over the years in deciding cases of infanticide. Lastly, this study examines the opportunity for reform on the law on infanticide in Kenya. It does so by analysing what the UK courts have been doing and whether the same can be adapted by the Kenyan courts.
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Kenya’s public debt position: evaluation of the effectiveness of the oversight role of parliament in public debt management
(Strathmore University, 2024) Gichungu, D. K.
This discourse examines the legal framework and oversight tools in order to assess the efficacy of Parliament's oversight of Kenya's public debt management. The study employs doctrinal legal research methodology with a focus on detailed assessment of the legal rules, legislation, and case law. The major findings of this research include, but not limited to, the shortcomings and challenges that hinder effective public debt management such as lack of public participation, delays in reporting, absence of ratification of loans procured by the Cabinet Secretary (CS) on behalf of the national government. The proposed ways to solve the foregoing legal abeyances include codifying public participation laws, civil education and awareness, capacity-building, and reinforcement of the enforcement authority of Parliament and the relevant committees. The study's findings have important implications for current and future efforts to improve public debt management and parliamentary oversight in Kenya. Through tackling the recognized deficiencies and executing the suggested remedies, decision-makers and interested parties can endeavor to augment openness, accountability, and long-term stability in the management of public resources.
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Judicial protection of matrimonial property rights: division of pension benefits at divorce in Kenya
(Strathmore University, 2024) Bereke, M. J.
Pension benefits is considered a source of wealth upon retirement and has been viewed as a marital asset during the dissolution of marriages. This paper seeks to examine pension benefits as matrimonial property in Kenya. The paper seeks to investigate whether a non-member spouse can claim a portion of a member’s pension benefit at divorce. This paper essentially covers the fundamental principles of pension law, matrimonial property law, and divorce law in Kenya. The paper conducts a comparative study on how the South African courts and legislation have interpreted and applied the division of pensions under their legislation. The paper recommends that pension benefits should be considered as matrimonial property subject to division at divorce. The recommended law reform requires the legislature to effectively recognise and protect the non-member spouse’s right to claim a share of the member spouse’s accrued pension benefit during a divorce. This research argues that there is a need to insert the necessary statutory provisions in the Marriage Act, Pension Act and Matrimonial Property Act to adequately address the rights of the non-member spouse especially when pension benefits of the member spouse have accrued to him shortly before divorce proceedings.
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Integration of traditional dispute resolution into Kenya’s criminal justice system: a proportionality perspective
(Strathmore University, 2024) Wokabi, D. M.
This dissertation explores the intricate balance linking the right to life and the right to culture within the framework of Traditional Dispute Resolution Mechanisms (TDRMs) in the criminal justice system of Kenya. The Constitution of Kenya, 2010, recognizes and shields the right to culture, allowing for the application of TDRMs in resolving felonies. However, concerns arise regarding the potential violation of the proportionality principle, especially in cases involving serious crimes like murder. Despite the historical resilience of TDRMs, questions arise about their compatibility with contemporary legal standards and the conservation of rudimentary liberties. The study starts by exploring origins of TDRMs and highlighting their importance in African communities' pre-colonial dispute resolution. It recognizes the constraints imposed by the declaration of Rights and emphasizes the constitutional protections of cultural rights. Pre-trial custody issues and case backlogs have been helped by the Criminal Procedure Code's provisions, especially those pertaining to reconciliation for non-felony offences. However, when TDRMs are utilized in place of the official criminal justice system for major offences, there may be a risk to the right to life, which is a fundamental human liberty. The dissertation undertakes a critical analysis of court rulings, in which the use of TDRMs led to the withdrawal of murder prosecutions. It finds a pattern in which the severity of the punishment administered by TDRMs is not commensurate with the offence committed, leading to unfair practices. Utilizing global human liberties documents, including the European Convention on Human Rights, the research delves into the notion of proportionality when establishing penalties for felonies. The study employs a qualitative methodology, relying on primary sources like the Constitution of Kenya 2010 and judgments. A comparative analysis is also employed to look at the formalisation of TDRMs and their incorporation into the justice system in Kenya by looking at the Gacaca courts in Rwanda. This study recommends the institutionalisation of TDRMs and proper integration into the criminal law realm. The conclusions drawn will guide future considerations on the appropriateness of incorporating TDRMs in the resolution of serious criminal offenses while ensuring the preservation of constitutional rights and principles of justice.