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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Balancing act: analyzing the LAPSSET Corridor Program and its role in achieving sustainable blue economy in Kenya
(Strathmore University, 2024) Kang'ethe, N. N.
This research is critically assessing the alignment of the LAPSSET Corridor project with the sustainable development goals emphasizing economic growth, social equity, and environmental conservation framed within the perspective of the blue economy. It explores the conflicts that emerge between achieving social equity, sustainable environment, and economic growth. The results, however, show that it has prioritized economic development and paid less attention to environmental and social issues. This approach, the research concludes, leads to ecological damage, precipitating a failure of blue economy projects in balancing all the crucial elements. To overcome these challenges, it is argued, balancing of economic gains with attendant ecological and social aspects of the blue economy is a condition precedent to a sustainable blue economy. In the end, Through the implementation of recommendations Kenya can seek a more equitable and sustainable way of economic development and hence the realizations of the well-being of communities and ecosystem conservation.
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The Law of the paw; is the training of the canine necessary to prove its reliability within the Kenyan legal framework?
(Strathmore University, 2024) Taiti, H.
Dogs possess an innate talent that enables them to excel in various tasks, a skill honed by specialised training institutions to integrate them into law enforcement and humanitarian missions. Their remarkable abilities have revolutionised criminal apprehension and scent identification, extending their impact beyond traditional realms into wildlife conservation, where they aid in the apprehension of poachers, thus safeguarding endangered species. According to the Kenyan Courts, canine evidence is a very niche and new area, thus the evidence produced by canines is subject to extreme scrutiny for a court to consider it admissible. The natural olfactory skill of canines which is further sharpened through their training underscores their classification as experts, warranting their evidence to be deemed as expert opinion evidence. While expert witnesses typically require educational qualifications and training, to qualify as experts, the precedent set by R v Stockwell establishes an exception, allowing individuals to be recognized as experts even with the absence of traditional credentials. Drawing parallels between the educational qualifications of human experts and the training of dogs, it becomes evident that the training of canines should not be a strict prerequisite for the admissibility of canine evidence. This dissertation delves into the evolving landscape of canine evidence within biological science and legal contexts, advocating for the recognition of dogs as expert witnesses and delineating avenues for future research to refine the admissibility criteria for canine testimony.
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Equal treatment for all workers: an analysis of the termination of employment probation contracts
(Strathmore University, 2024) Omurunga, A. O.
The employees on probationary contracts are not protected very well under the Kenyan legal framework because the denies them from the fundamental rights like a fair hearing a fair labor practices which are guaranteed by the Constitution, the Termination of Employment Convention and the Employment Relationship Recommendation which advocate for equality of all employees including those ones under probationary contracts. The existing provisions concerning the dismissal of probationary employees as outlined in the Employment Act of 2007 have raised concerns, as they allow employers to terminate the employment of probationary staff without providing them with essential rights like providing a chance to present their case, claiming that their employment contracts were unfairly terminated and an opportunity to lodge a complaint for unfair dismissal. Moreover, although the probationary period is intended to assess the employee's suitability for long-term employment, the existing legal framework lacks established criteria for evaluating suitability during this period. Instead, the determination is solely at the discretion of the employer, who may set challenging standards for employees to meet during their probationary tenure. As a result, employees on probationary employment contracts are denied essential rights that are provided by the 2010 Constitution and international conventions. Furthermore, the employers are granted more powers to determine the suitability of the probationary employees and they can terminate the contracts of probationary employees without being reprimanded by the law. It is for these reasons that there is a need for change in the current legal framework to promote the equality to employees on employment contracts and probationary employment contracts and reduce the powers the employers have over the employees.
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When impartiality meets expediency: the dilemma of the doctrine of necessity and judicial recusal in delaying trials
(Strathmore University, 2024) Njoroge, B. W.
This study aims to elucidate that the conflict between the doctrine of necessity and the judicial recusal precludes a fair trial due to the violation of Article 50(2)(e) of the Constitution of Kenya which mandates that every accused person should have their trial begin and conclude without unreasonable delay. Amidst the conflict, the right is consistently violated due to the lack of precise definition and a standardised rule for case durations. The conflict between the doctrine of necessity and judicial recusal is pervasive across all levels of courts in the Kenyan judicial system, leading to protracted trial delays. Disqualification proceedings against judges are common, shifting the trial's focus and resulting in prolonged legal processes. The issue is particularly pronounced in the Supreme Court, the ultimate appellate body, where due to its limited size membership the conflict is magnified. Hence, the doctrine of necessity is often invoked to justify quorum deficit, leaving the parties with no avenue for appeal in the final appellate court. This not only erodes public trust in the judiciary but also raises concerns about the assurance of impartial judges. The study adopts desk-based research. The findings of the study indicate the need for reforms within the Kenyan legal system and Constitution to resolve the conflict and guarantee fair trials. The study concludes that pivotal changes should include expanding the Supreme Court bench beyond the mandated seven judges, as per Article 163 of the Constitution to counter quorum deficit arguments by biased judges. The study also proposes a statutory definition of the term ‘unreasonable delay’ to prevent discretionary determinations by judges. Emphasising alternative dispute resolution facilitates the timely conclusion of fair trials. Lastly, it suggests the establishment of a panel of judicial impartiality and emergency board consisting of almost retired judges.
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Succession in the digital age: analysing the feasibility of electronic wills in Kenya’s succession law system
(Strathmore University, 2024) Chege, S. N. W.
Technology continues to reshape many aspects of our lives. The legal field is experiencing a noteworthy transformation due to the rise of electronic wills in estate planning all over the world. The creation of laws to govern technological developments is necessitated by the direct impact that they have on a country's citizens. Kenyan laws have appropriately adapted to different types of electronic documents and welcomed several advancements that technology has brought to the legal field. However, the law is yet to provide for the making of electronic wills in Kenya. The goal of this dissertation is to examine the potential benefits of electronic wills in reshaping Kenya’s law of Succession and its concomitant ease in proving the validity of wills. The study examines already existing literature on electronic wills from other jurisdictions such as Australia to examine their approach to electronic wills and propose a befitting approach for Kenya. This study adds to the continuing conversation on the digitization of legal processes by discussing the dynamics around electronic wills. The research emphasises the importance of striking a balance between technological innovation and legal safeguards in order to ensure the accessibility and inclusivity of testamentary procedures in this digital era.