LLB Research Projects (2024)

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Browsing LLB Research Projects (2024) by Author "Masika, D. S."

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    Digital legacy: exploring the inheritance of digital assets, bridging the legal gap
    (Strathmore University, 2024) Masika, D. S.
    This study intends to look at a rapidly developing area shaped by technology in the modern digital era. Digital assets have garnered attention due to the intrinsic value it holds yet they cannot be classified as physical assets due to their intangible nature. This disparity raises questions on how to deal with this asset when it comes to its transferability and transmission. The locus classicus case, National Provincial Bank v Ainsworth, established that for a thing to be classified as property, it must be definable, identifiable, and possess a degree of permanence. Applying these principles to digital assets, exemplified in AA v Persons Unknown, affirmed their classification as property. However, challenges arise in the devolution of such assets upon the owner's demise. With digital assets, there comes privacy and terms of conditions. These aspects are key and crucial to the existence of such assets. This means that the assets cannot be classified as traditional assets when it comes to transferability and transmission. An independent specific provision is required to give guidance on how to transmit such assets. This is where the problem lies. In my scope of study, Kenya has no laws regarding digital assets inheritance. My study intends to investigate whether the legislators should come up with new legislation that encompasses the inheritance of digital assets. In the study, I do propose that in addition to the formulation of digital inheritance specific laws, there should be an amendment in the Data Protection Act to provide for a legal provision for access to digital assets to create a balance between privacy and terms of conditions and the right of a beneficiary to inherit the property of their kin.