LLB Research Projects (2024)

Permanent URI for this collection

http://hdl.handle.net/11071/15698

Browse

Now showing 1 - 20 of 80

A Critique of the legal framework on whistleblower protection for employees in Kenya
(Strathmore University, 2024) Gikonyo, V. W.
This dissertation is a critique of the Legal Framework on whistleblower protection in Kenya. This study is out to find out the effectiveness of the Bribery Act and section 65 of the Anti- Corruption and Economic Act in so far as it protects employee whistleblowers. Additionally, this study is also out to assess the strengths and weaknesses of the Whistleblower Protection Bill of 2023. Lastly, the study compares the UK laws on whistleblowing to that of Kenya and seeks to find out the lessons that could be learnt from the UK laws on whistleblowing. In conducting the study, primary and secondary sources of data collection are used in answering the questions. After analysing the Bribery Act and section 65 of the Anti-Corruption and Economic Crimes Act it is discovered that the laws indeed are sector specific and do not sufficiently protect employee whistleblowers. The Whistleblower Protection Bill would remedy the situation since if enacted there would be a law specifically on whistleblowing and that specifically provides for protection of employees, but the Bill is still yet to be enacted. There are also lessons to be drawn from the UK since their Employment Rights Act protects employee whistleblowers aside from having the Public Interest Disclosure Act which protects whistleblowers. The study proposes that legislators should pass the Whistleblower Bill into law to protect employees.
A Litany for survival: a proposal to amend Kenya’s Penal Code to decriminalise theft of food for survival
(Strathmore University, 2024) Waris, N.
In the tapestry of human civilisation, the urgency of survival has woven itself as a fundamental thread, shaping the contours of law, morality, and societal norms. This imperative gains particular urgency in the realm of criminal law, where the stakes involve actions that endanger life and well-being. Within this context emerges the predicament of food theft for survival – a poignant reflection of the intersection between legal frameworks, moral imperatives, and human desperation. In light of the pervasive food insecurity and poverty in Kenya, this study aims to examine whether Section 269 of the Penal Code of Kenya (Cap 63) should be amended to decriminalise theft of food in instances where survival prevails. This will be accomplished firstly against the backdrop of contrasting moralities between African and Western societies. Here, the study seeks to unravel the communal ethos prevalent in traditional African reasoning, where certain communities historically exhibited leniency towards theft driven by hunger, contrasting this perspective with the individualistic criminalisation of theft inherent in the Western legal framework. This study posits that dissenters of this premise can find further justification for the decriminalisation of food theft within the underlying principles of criminal law defences, such as self-defence and necessity. It contends that these principles, commonly invoked to justify criminal defences rooted in the imperative of survival, can extend to the decriminalisation of food theft, highlighting the feasibility of integrating this amendment within the framework of criminal law.
A Study of mass surveillance of communications through device management systems and the right to privacy
(Strathmore University, 2024) Kigo, M. G.
The tension between mass surveillance and the right to privacy has become increasingly complex as communication technologies extend to every aspect of daily human life. This research paper investigates the implications of mass surveillance of communications through device management systems and the individual's right to privacy. An interdisciplinary approach incorporating legal, ethical, technological and social dimensions is employed to provide a holistic understanding of the phenomenon. It examines the mechanism by which the device management systems facilitate mass surveillance focusing on their capabilities, limitations and potential abuses. The paper also delves into the legal framework governing mass surveillance practices and their alignment and tensions between national security interests, individual privacy and law enforcement objectives. Ethical considerations surrounding mass surveillance are examined, seeking to uncover the moral dilemmas inherent in communication surveillance practices. The research also delves into the societal impacts of mass surveillance including its effects on social cohesion and the exercise of fundamental rights. It investigates the public perception of surveillance practices and the trade-offs between privacy and of national and government interests. This paper contributes to the scholarly dialogue on mass surveillance and individual privacy by offering insights into the implications of surveillance activities through device management systems. It aims to inform policymakers and the general public about the complexities inherent in mass surveillance practices and the imperative of safeguarding the right to privacy in the digital age.
A Study on the actualization of the right to education through a social and economic rights lens
(Strathmore University, 2024) Nafula, T. A.
Social economic rights and freedoms are essential for the life and survival of all human beings as they seek to ensure that the basic dignity of the human being is respected and ensured. This is made possible by their nature as they focus on the living conditions of people; right to housing, right to work, right to health, right to education and so many other forms through which they come as enshrined in Article 23- 25 of the Universal Declaration of Human Rights. States have an obligation to ensure that these rights are actualized in their countries, and to enforce measures which would bring people closer to an enjoyment of their social economic rights and freedoms. One of the notable ways through which this can be achieved is through empowerment. This comes in many forms, but this research will focus on how education can empower people to attain the capabilities required to live a full and flourishing life through Armatya Sen’s capability theory. Education has been termed as an upstream right through which other rights can be acquired. This research seeks to ascertain the influence of education on the future realization of socioeconomic rights and thereafter assess whether or not Uganda has actualized the right to education. The area of reference would be Uganda, which promulgated the Universal Primary Education program, to ensure free education for children, since 1997. This makes it feasible to assess the effect of education on the socioeconomic status of the citizens of Uganda since 1997, in light of the reality that it is a progressive right, whose benefits cannot be assessed with immediate effect. This research will use qualitative research, to explore the actualization of socioeconomic rights in Uganda as a result of Uganda’s investment in education.
A Study on the efficacy of anti-counterfeit laws in curbing online counterfeiting in Kenya: is this the panacea?
(Strathmore University, 2024) Munene, E. C.
The growth of the internet and e-commerce since the turn of the millennium has led to widespread benefits to economies world-wide. However, this growth has also coincided with the emergence of new crime types such as online counterfeiting. This study therefore takes a deep dive into the efficacy of anti-counterfeiting laws in Kenya and suggesting possible solutions to curb this illicit trade. The study shall primarily focus on online counterfeiting and the laws addressing this specific crime in Kenya. The research methodology involves an in-depth analysis of various sources, including the World Health Organization’s estimates on counterfeit medicines, the International Peace Institute’s estimates on counterfeit trading in Kenya, and a study conducted by the Anti-Counterfeit Authority on online counterfeiting levels in Kenya. Major findings reveal that online counterfeit goods account for a significant portion of all goods sold online which has led to Kenya losing significant tax revenue, compromised consumer safety and the exploitation of intellectual property rights. The study concludes that the growth of e-commerce has exacerbated the counterfeiting problem, with counterfeiters exploiting social media platforms and online markets. Law enforcement faces significant challenges, including anonymity issues, jurisdictional challenges, inadequate training, and low reporting of these cybercrimes. To curb this problem, I recommend the revamp of existing laws to include provisions to cater to online counterfeiting which is currently absent in the Anti-Counterfeiting Act. Moreover, my study proposes the use of Blockchain technology and the adoption of new strategies such as Situational Crime Prevention by the Anti-Counterfeit Authority to effectively curb this problem.
Addressing gender inequality: a critique of the ground for annulment under Section 73(1)(f) of the Marriage Act 2014 of Kenya
(Strathmore University, 2024) Juma, V. J.
In Kenya, laws that regulate marriage and divorce stem primarily from the Marriage Act 2014. The Marriage (Matrimonial Proceedings) Rules 2020 serve as subsidiary legislation, documenting procedural requirements. The specific area of concern is the ground of annulment of marriage under Section 73(1) (f) of the Marriage 2014. The gap in this provision becomes apparent as it allows a party to a marriage to annul the marriage if, at the time of the union and without the husband’s knowledge, the wife was pregnant and he is not responsible for the pregnancy. However, it lacks a provision for a scenario where the husband fathers a child with another woman at the time of marriage without his wife’s knowledge. The paper is quick to recognize the need for such provision as section 73(1)(f) of the Marriage Act however, the absence of an equivalent provision for wives presents as discriminatory, violating the constitutional principle of equality and non-discrimination under Article 27of the Constitution of Kenya2010. The flawed structure of Section 73(1) (f) of the Marriage Act perpetuates a system of gender-based discrimination as well as limits the legal recourse for women within the marriage institution. This paper aims to critique the constitutionality of the ground for annulment under Section 73(1) (f) of the Marriage Act and thereafter propose potential reforms to align it with constitutional principles of equality and non- discrimination as well as promote equal treatment for both genders within the legal system in Kenya.
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.
AI and personality: a case for partial legal personhood
(Strathmore University, 2024) Kitao, T. H.
What does it mean to be a legal person? Better yet, who can be a legal person? And why would one need legal personality? AI has revolutionised the world much like electricity did but unlike electricity, it is stirring waves in legal academic and policy creation circles. This is because the nature of AI, somewhere in the dissection of a Venn Diagram of things and humans, does not neatly fit into the moulds we have created in our legal regimes. This project then seeks to examine the possibility of the creation of a new category of juridical persons and if it is at all necessary, to begin with. It does this via three research objectives: separating legal personality from moral personality and how that might affect the creation of any new legal categories, considering the peculiarities of AI to our current regime to seek a justification for the creation of new categories for persons and lastly, analysing the current global position on recognition and regulation of AI to see what benefit a new category of legal personhood would entail. This project seeks to make a case for Partial Legal Personhood, a concept borrowed from the Germanic Private Law concept of ‘Teilrechtsfähigkeit’ as a possible solution to the status question. It argues that Partial Legal Personhood is not a new category of juridical persons like Electronic Personhood as proposed by the European Parliament, but a re-articulation of a contemporary understanding of what legal personhood entails. Finally, I conclude in this project that the adoption and adaptation of Partial Legal Personhood is justifiable because that would provide a means of legal redress for the continued commercialised use of AI if harms (foreseen and unpredicted) occur.
Amendment of Section 8(4) of the Sexual Offences Act to remove the minimum mandatory sentence of 15 years
(Strathmore University, 2024) Chemengich, S. C.
Sentence procedures in Kenya have been influenced by particular conditions, resulting in a specific trajectory in the terrain of defilement cases. Discretion was crucial in resolving the complexities present in every case, and these conditions were traditionally carefully considered during court proceedings. However, this discretionary liberty has been severely limited by the imposition of a mandatory penalty, as stated in Section 8(4) of the Sexual Offences Act No 3 of 2006. As a result, uniform procedures are routinely used to decide cases, ignoring the subtle differences between each case that may exist. This paper aims to critically examine whether the minimum mandatory sentence of 15 years should remain in place and to investigate whether doing so would provide a more equal means of handling defilement cases. The main objective is to ascertain if doing away with this mandatory sentencing provision would enable a more proportionate decision-making process in defilement cases, adjusting sentences to better reflect the gravity of each distinct offence.
An Assessment into whether Kenya’s Section 23 of the Computer Misuse and Cybercrimes Act unconstitutionally limits freedom of expression by how it criminalises false publications
(Strathmore University, 2024) Mwenda, C. N.
This article addresses the complex issue associated with mitigating the proliferation of false information in the framework of Kenya's Computer Misuse and Cybercrimes Act, Section 23. It discusses the unintended consequences of efforts to criminalize false publications, particularly how it's employed as a tool for suppressing journalism, in light of the critical role that social media plays in democratic societies. The paper meticulously analyses the shortcomings of Section 23, which is perceived as being too broad and vague, and considers how it might infringe on an individual's right to free speech. The argument of this paper is that the parameters of section 23 is unclear and therefore it infringes on a person’s ability to circulate and disseminate information freely which is constitutionally protected under the freedom of expression. The law under section 23 was ignorant on some intricate aspects of false information and freedom of expression. The problem that is information disorder is true and alive in Kenya, but there have been issues when considering the typology of false information and the nature of false speech in connection to free speech. While acknowledging the reality of information disorder in Kenya, the article closely examines the typology of false information, revealing nuances that challenge the current understanding of false speech in relation to free speech. This article offers recommendations that would reform Kenya's false reporting statute proposing a law that meets the legal standard of certainty and predictability of the law. The suggested reform aims to establish a law that meets legal standards of certainty and predictability, addressing the current ambiguity within Section 23. By advocating for a more nuanced approach, the article seeks to strike a balance between regulating false information and preserving the constitutionally protected right to free expression. This contribution aims to fortify the legal framework in the face of evolving challenges in the social media era.
An Assessment of how extended producer responsibility can be integrated to help tackle plastic pollution in Kenya
(Strathmore University, 2024) Kibaara, C. M.
Plastic pollution is rapidly becoming one of the world’s most pertinent concerns. The longevity of plastics, which is one of its most valued characteristics, makes management of plastic waste an incredibly difficult task. Extended Producer Responsibility (EPR) is a concept that has arisen as one of the most promising policy approaches for tackling this menace. It has been introduced by many jurisdictions globally. The Kenyan government has also begun attempts to integrate this concept into the Kenya waste management legal framework. In 2022 it released the Draft Extended Producer Responsibility Regulations under the Sustainable Waste Management Act. Many aspects of these draft regulations are commendable. They employ a broad definition of producer that defines producers of goods as any entity that introduces a product to the market, encompassing manufacturers, importers, distributors, and vendors. It also sets out obligations for these producers such as recycling and eco-design of products. It provides for creation of individual and collective compliance schemes so that producers can band together to fund raise for fulfilment of their new obligations. However, these regulations have many shortfalls that may limit the effectiveness of EPR in mitigating the plastic pollution crisis. This study seeks to assess how Extended Producer Responsibility can be integrated into Kenya’s waste management legal framework for management of plastic waste. The study will be guided by the following objectives; to examine the salient features and inadequacies of the 2022 Draft Extended Producer Responsibility regulations, to examine the current and prospective international legal framework around management of plastics pollution and extended producer responsibility, to carry out a comparative analysis of the European Union legal framework around Extended Producer Responsibility and plastic waste management, and finally to give recommendations for the amendment of the Draft EPR Regulations to effectively integrate EPR into the Kenyan environmental legal framework and for the introduction of EPR guidelines for plastic waste management. The research methodology used in this study is desk-based research. The study utilizes doctrinal analysis of legal instruments, analysis of written sources such as journal articles and books, and a comparative analysis with the European Union to assess how EPR can be integrated into Kenya’s waste management system. Shortfalls of the draft regulations include lack of provisions on regulation of imported goods, lack of provisions addressing support for Small and Medium Enterprises to comply with the new obligations, and an insufficient framework for monitoring and assessing compliance with the scheme. Introduction of guidelines for products under different product classes such as glass products and plastic products should also be implemented. This will be in consideration of the different nature of these product classes, from the processes of disposal and the different environmental risks they pose if improperly disposed of. These guidelines should introduce mandatory product requirements, which are very effective measures to reduce the environmental impact of plastic pollution.
An Assessment of the elements of affordability and accessibility of the right to housing to informal workers as a neglected disadvantaged group in Kenya.
(Strathmore University, 2024) Ombajo, N. A. A.
The 2010 Constitution of Kenya strongly advocates for the protection and enjoyment of human rights. To illustrate, it highlights socio-economic rights in the extensive chapter on the Bill of Rights, which were not comprehensively established in the repealed constitution. The right to housing is a basic need that is required for the well-being of man. Article 43 (1)(b) establishes that every person has a right to adequate housing and reasonable standards of sanitation. In response to this, the government launched the Affordable Housing Program (AHP) to provide affordable housing for all. One of the aims of this program is to reduce the growth of informal settlements by providing affordable housing especially for low-income earners. However, it is observed that in drafting this policy, only data from the formal sector of employment was considered when coming up with the rates for rent or purchase of such housing. The specific needs of informal workers were sidelined in this matter. Kenya is also party to the International Covenant on Cultural and Socio-Economic Rights. Article 11.1 of this Covenant acknowledges that every person has the right to an adequate standard of living including housing. It also expects State Parties to take appropriate steps to ensure realization of the same. This study will show that Kenya has been unable to form normative content on what exactly adequate housing entails. This is despite CESCR General Comment No. 4 outlining standards that give guidance on what adequate housing entails. It will also show that the AHP does not satisfy the standards of accessibility and affordability thereby qualifying informal workers as a neglected disadvantaged group in the realization of the right to housing. They are known to live in deplorable living conditions because majority of them face several vulnerabilities that avert their ability to efficiently satisfy their basic needs. Housing under the AHP is too expensive and therefore not affordable or accessible for this group. This study will reveal the vulnerabilities experienced by informal workers in the country. Additionally, it will analyze Kenya’s approach in interpreting this right thus proving that the country lacks normative content on what the right to housing entails and will suggest that the standards set under CESCR General Comment No. 4 should be used as a guide. A persuasive comparison from South Africa will be used to encourage the use of the Reasonableness Approach in adjudicating socio-economic right.
An Assessment on locally funded schemes as a preventive measure to human wildlife conflict and as a reasonable measure taken to protect crops, livestock or property from damage by wildlife
(Strathmore University, 2024) Nduru, R. M.
Human Wildlife Conflict (HWC) remains an ongoing issue facing Kenya and the world at large. The consequences of this conflict are detrimental to both human beings and wild animals. This study focuses on approaches to managing this conflict in Kenya with the aim of developing a more sustainable and community-inclusive solution. This study argues that community inclusive solutions are necessary to address this conflict and have proven to be effective where they have been implemented. Locally funded schemes have been proposed as community inclusive solutions which when implemented prevent the conflict and allow the communities to directly benefit from their co-existence with wildlife. It is this papers argument that community inclusive solutions should be recognized as reasonable measures taken to protect the community and their property. Data from KWS reports, reported incidences from media outlets and various publications has been relied on in analysing the current approach and its current challenges. Overall, the current approach to the conflict faces various challenges due to other different factors thus falling short of its conservation goals. A qualitative comparison between the current approach to the proposed introduction of locally funded schemes shows the latter aims to empower communities as active stakeholders through communal resources for preventative monitoring and implementation of solutions tailored to local circumstances. On the whole, this in-depth examination aims to contribute to developing Kenya's approach to HWC management through preventive, community-inclusive resolutions aligned with its legal framework. The dissertation analysis and proposes policy changes seek to balance growing human and wildlife needs through creative solutions recognizing locally led initiatives' value in sustainably safeguarding wildlife and rural livelihoods.
Analysis of the demand for a certificate of good conduct by employers in Kenya and its effects on the right to privacy of ex-offenders
(Strathmore University, 2024) Nderitu, R. W.
A certificate of good conduct is a document extracted from the judicial records of a particular country which documents convictions made against the applicant to confirm good conduct. This study sought to evaluate whether the demand for a certificate of good conduct by employers in Kenya impedes the right to privacy of ex-offenders. There is need to balance the legitimate concerns of employers with the fundamental rights of ex-offenders, particularly the right to privacy. The requirement for a police clearance certificate, while ostensibly aimed at safeguarding business interests and public safety, prompts critical questions regarding the proportionality and necessity of such intrusive measures. Moreover, it raises issues of fairness and social justice, as ex-offenders, having served their sentences, face continued barriers to reintegration into society. To provide empirical data regarding the employment history of ex-offenders in Kenya, this paper critically evaluated the existing legal framework and international standards to provide valuable insights that inform potential policy reforms and contribute to the creation of a more equitable and inclusive employment process in Kenya. The qualitative research was conducted through desktop research of both primary and secondary sources. Following this, the study explored existing legal provisions surrounding employment, which are pertinent to the utilization of certificates of good conduct by employers. Privacy rights also emerged as a central theme, with an emphasis on how the demand for certificates of good conduct intersects with the privacy concerns of ex-offenders. This paper argued that the operative phrase of Article 31 (c) is the necessity of the information being sought by an employer. While there cannot be a blanket mechanism to deal with what qualifies as necessary information to an employer, specific jobs should inherently provide what amounts to necessary information. The various reasons why traditional employment avenues often fail to accommodate individuals with a criminal history, touching upon employer biases, and systemic barriers that contribute to their marginalized status in the job market were also explored. It was established that stigma significantly diminishes the prospects of ex-offenders securing employment due to employers’ reluctance to hire them, even if they possess the necessary qualifications. The study concluded by providing recommendations related to re-evaluation of hiring criteria, education and awareness programs, ban the box legislation, alternative screening methods, incentives for employers, enhanced rehabilitation programs, and data protection measures.
Apprehension of bias treadmill: critiquing the Popat decision in light of the Capital Market Authority’s enforcement mandate
(Strathmore University, 2024) Muchesia, S. E.
Society ascribes value to the law based on its utility within society. Any such law that potentially jeopardizes the growth, development or welfare of a society is often faced with criticism and backlash. Legal decisions are no different: their value is contingent on their ability to solve societal problems and increase overall happiness. This standard remains the same for the Al Nashir Popat and others v CMA Supreme Court’s decision in 2020: its value is contingent on how it solves the existing problems and thereby increasing net happiness. This article analyses the Popat decision in light of the CMA’s enforcement mandate. The decision gives the solution on mandatory delegation under Section 11A of the Capital Markets Act. The paper argues that while the rationale behind it is proper, the mechanism under Section 11A does not deal with the recurrent problem of apprehension of bias. As a matter of fact, the solution may well exacerbate the hurdles to be faced by the regulator in the discharge of their mandate. The impact may be that investors and the regulator fall behind in ensuring market safety, while the errant market players benefit. The paper juxtaposes the current situation with the bi-furcated model in Canada’s Quebec territory, and how they have been able to deal with the problem of apprehension of bias. The paper suggests that Kenya should adopt a similar model of bi-furcation so as to curb the existing problems of bias.
Assessing the jurisdiction of the AfCFTA dispute settlement mechanism: should private parties have a seat at the table?
(Strathmore University, 2024) K'obonyo, G. A.
This study interrogates the African Continental Free Trade Area’s dispute settlement mechanism. It is mostly focused on the jurisdiction of this body and assesses whether limiting its jurisdiction to inter-state trade disputes would render the mechanism ineffective. This is because by limiting the jurisdiction of the panels and the Appellate Body to only State Parties, the body risks locking out individuals from seeking remedies at this level, a trend not common within African Regional Economic Blocs. Additionally, it has been recorded that African States rarely litigate against each other in trade-related disputes. They usually opt for alternative means of dispute settlement such as negotiation, mediation and conciliation. This paper argues that this ‘new’ trend may render the AfCFTA dispute settlement body ineffective. If the dispute settlement mechanism is ineffective, the AfCFTA may be unable to achieve the goal of continental economic integration. This is because it ideally, plays a central role in enabling the goals of the AfCFTA. It does so by ensuring that State Parties comply with their obligations. Additionally, the intended role of the panels and the Appellate Body is to interpret and apply the provisions of the Agreement, thus bringing harmony and certainty to the system. A study of the practices of the African Regional Economic Communities, specifically the East African Community and the South African Development Community shows that legal and natural persons play a vital role in ensuring that the dispute settlement body is active and effective. They most often trigger the dispute settlement process by referring matters to the adjudicating body for settlement, thus enabling it to fulfill its role in the community. This has also enabled them to achieve their goals and objectives in Regional Economic Integration. In light of this, this study recommends that the jurisdiction of the African Continental Free Trade Area’s dispute settlement mechanism should include claims raised by legal and natural persons. In doing so, the adjudicating body is guaranteed to effectively play its intended role, thus contributing to Regional Economic Integration.
Assessment of the constitutionality of Section 2 and Section 120 of the Land Act on prompt payment of compensation during the compulsory acquisition process in Kenya while comparing to India and Australia
(Strathmore University, 2024) Kuria, Y.
Compulsory land acquisition is an important process that helps with the development of a country. In Kenya, this process is acknowledged in the 2010 Constitution, Article 40. The acquisition ought to be for a public purpose and compensation to be paid justly and promptly as provided by the Constitution and Land Act. Despite this the landowners are being disadvantaged by this process because of the lack of definition of the term prompt. Therefore, this study focuses on the constitutionality of the laws on compulsory acquisition and more so, on prompt payment of compensation by conducting qualitative research. It also conducts a comparative analysis in Australia and India that has laws that ensure that the landowners are not being disadvantaged by the acquisition. This study gives a meaning of what prompt payment is and of which ensures that none of the parties involved in the acquisition are disadvantaged and their rights violated. This meaning is inspired by the systems in both Australia and India and the best practices such as the Food and Agriculture Organization and the World Bank. Hence, by adopting this meaning, the Land Act will be in conformity with the Constitution and the standards brought about by the best practices.
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.
Balancing due process and workplace safety: an analysis of the appropriate timeframe for precautionary employee suspension in Kenya
(Strathmore University, 2024) Ndolo, S. M.
This paper delves into the complexities surrounding precautionary suspensions within employment contracts, an issue posing challenges to both employers and employees in Kenya. With the absence of clear legal provisions and procedural guidelines, injustices have prevailed, leaving employees vulnerable to arbitrary treatment by employers. Issues such as the proper time frame for precautionary suspensions including procedures to be followed such as the right to be heard and remuneration form the purpose of this research. The aim of the study is to analyse the existing legal framework as regards the administrative suspension of employees in Kenya. Additionally, a comparative analysis will be undertaken using the labour laws of South Africa to determine some of the features that Kenya can borrow from their legislation when it comes to precautionary suspensions. Employing a doctrinal research methodology, the paper draws insights from literature in both domestic and foreign jurisdictions. The findings of the study seek to bridge the existing knowledge gap concerning precautionary suspensions in Kenyan labor laws, aiming to enhance understanding and contribute to legal refinement in this area. By advocating for the incorporation of principles of substantive and procedural fairness, the research outcomes endeavor to promote equitable treatment within the employment sphere. Moreover, the paper proposes the establishment of subsidiary legislation to provide clearer guidelines on precautionary suspensions in Kenya, ultimately striving for a more just and transparent employment landscape.
Balancing participation and consent: evaluating the rights of indigenous communities in Kenya regarding development projects by extractive industries on community lands
(Strathmore University, 2024) Kinyua, S. W.
The Kenyan constitution recognizes indigenous communities as integral parts of marginalized groups, granting them entitlement to participation in governance issues and affirmative action. This study examines the current legal framework concerning the participation, consultation, and consent of indigenous communities. It reveals a deficiency in legislation and procedural support for indigenous community involvement, compounded by significant state interference during implementation. Employing qualitative methods, the research explores optimal practices for involving and consulting indigenous communities in Kenya. It concludes that prioritizing a process guided by the principle of free prior and informed consent effectively safeguards the rights of indigenous communities, aligning with international instruments and Kenya's constitutional mandate to protect marginalized groups. The study identifies key principles inherent in the free prior and informed consent approach, which can inform and enhance Kenyan legal frameworks and jurisprudence, as demonstrated within the study's findings.

Browse

Browsing LLB Research Projects (2024) by Title

Results Per Page

Sort Options