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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A Statistical analysis of the log returns of cryptocurrencies
(Strathmore University, 2024) Ndegwa, K. I.
There has been an increase in interest and demand for cryptocurrencies and thus understanding their statistical properties is important for it implies their risk. Understanding the risk involved in investing in the cryptocurrencies allows one to evaluate the same risk against their own risk tolerance and thus determine whether it is worthwhile to venture into cryptocurrencies and if so, the optimal weight of the investment in the portfolio. This study seeks to find the statistical distribution from a family of fat tailed distributions that best explains the log returns of cryptocurrencies. lt was conducted in Nairobi between May 2021 and February 2022. The data used was obtained from Yahoo Finance. The results suggested that the Generalized Hyperbolic Distribution gives the best fit for the large cryptocurrencies ranked by market capitalization.
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State sovereignty and responsibility to protect: a case study of the Tigray conflict in Ethiopia
(Strathmore University, 2023) Wairimu, I. K.
The goal of this study was to examine the connections between the Responsibility to Protect (R2P) doctrine and the State Sovereignty (SS) principle in the context of the Tigray conflict, which lasted from 3 November 2020 to 3 November 2022. The study's three main goals were to discuss how state sovereignty affects responsibility to protect, what circumstances should have spurred R2P in the Tigray conflict case, and who is the best agent to implement R2P measures in Africa, a discussion between the AU and the UN in this study. The two theoretical frameworks that were used were liberal institutionalism, which emphasizes the function of international organizations like the African Union or the United Nations in addressing humanitarian crises through collective action and cooperation, and classical realist theory, which advocates for strict adherence to and respect of a state's autonomous privilege to determine itself within the international system without interference from any external actors. The study used a descriptive research methodology, which combined qualitative and quantitative data gathering and analysis methods to produce the research's findings. In-person interviews with two key informants and an online questionnaire with 12 respondents were used to gather the data. The main conclusions of the study were that respondents believed that SS directly affected R2P, that the humanitarian crisis that followed the conflict should have prompted R2P, and that it is the responsibility of the entire international community to address humanitarian crises regardless of which organization is tasked with doing so. The main takeaways are that states should put their citizens' interests first by making sure that their human rights are respected, and that the international community should continue to be strongly committed to protecting those who are victims of humanitarian crises by strengthening R2P and making it more robust to effectively and efficiently be accepted by states as a solution to solving humanitarian crises and not as a threat to their sovereignty.
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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.