LLM Theses and Dissertations (2023)

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Browsing LLM Theses and Dissertations (2023) by Author "Olinga, R."

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    An Assessment of the enforcement of banking supervision framework to avert bank failure in Kenya
    (Strathmore University, 2023) Olinga, R.
    The banking sector plays a crucial role in any economy. This thesis examined the state of banking supervision in Kenya in light of the previous bank failure cases, the economic challenges and the emerging developments in the industry. The research sought to evaluate and analyze the theoretical, policy, legal, and institutional aspects of bank supervision in Kenya, discussed the most effective supervisory tools, and recommended best practices to enhance the effectiveness and efficiency of bank supervision in the country. The study found that bank supervision is justified by the economic and social necessities, including the need to protect against emerging challenges such as digital technologies, mobile money, and unstable economic realities. Additionally, the study noted that consumer protection remains a crucial aspect of supervision. On the legal and institutional framework, the study underscored the robust laws and institutions, both domestic, regional and international, that have shaped banking supervision in Kenya. Through the CBK, these laws have enabled the adoption of international best practices for banking supervision through the implementation of risk-based supervision mode. However, the study recognizes that the evolving challenges threaten the fabric for which bank supervision has been built and calls for the adoption of novel tools and procedures for supervision that incorporate emerging realities. There is, therefore, a need for continuous review of the laws and institutions to ensure that the supervisory framework is constantly updated, in line with the changes and developments in society.