LLM Theses and Dissertations (2022)

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Browsing LLM Theses and Dissertations (2022) by Subject "Contract disclosure regulations"

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    The Impact of contract disclosure regulations on the competitiveness of the Kenyan upstream petroleum industry
    (Strathmore University, 2022) Abira, Thomas Louis
    In this study, the researcher examines the relationship between contract disclosure laws in the recently published Kenyan Petroleum Act, 2019 and the competitiveness of Kenya’s upstream petroleum industry. The researcher delves into literature around contract disclosure examining arguments for and against the rule against the backdrop of the mandatory constitutional provisions on the values and principles of national governance. This study examines the Kenyan Cabinet Secretary’s discretion to publish petroleum contracts and its impact on transparency hence the competitiveness of petroleum corporations as well as the Kenyan petroleum industry in Kenya. The researcher, through this lessons learnt study draws examples from two African countries being, Nigeria and Ghana in a bid to explain the lessons learnt on the impact of contract disclosure laws to the competitiveness of other petroleum corporations and fellow African petroleum industries. Through the infamous lenses of Michael Porter’s (Harvard) five forces of Competitiveness, the researcher measures the competitiveness of the Kenyan upstream petroleum industry drawing a relationship between contract disclosure, transparency and the competitive strength of the Kenyan upstream petroleum industry. The research provides examples of corporations whose competitiveness has been measured against Porter’s model and the role of government policy in impacting the competitiveness of such corporations. Aided by the stakeholder and shareholder theories, this study supports the hypothesis that contract disclosure laws have an impact of the competitiveness of corporations in the upstream petroleum industry and in turn petroleum industries.