LLB Research Projects (2024)

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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.
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.
Evaluating legal and policy responses to online child grooming awareness in Kenya
(Strathmore University, 2024) Onyango, B. C.
The digital age has revolutionized access to information and communication, but it has also created fertile ground for online child exploitation, including grooming. This phenomenon, where perpetrators manipulate and build trust with minors online for malicious purposes, poses a growing threat in Kenya. This paper delves into the complexities of online child grooming in the Kenyan context. It analyses how algorithms and digital platforms both enable and complicate efforts to identify and prevent such offenses. The focus then shifts to the legal and policy frameworks in place to tackle this issue. The paper evaluates the effectiveness of existing laws and examines the policy initiatives aimed at curbing online child exploitation. Crucially, the paper analyses the limitations of these existing frameworks and identifies key gaps in legal and policy responses. Finally, the paper proposes solutions and recommendations for strengthening Kenya’s response to online child exploitation and grooming. This could involve legislative reforms, enhanced collaboration between law enforcement and tech companies, and the development of effective awareness-raising campaigns targeting both children and their caregivers. Keywords: Online child exploitation, grooming, Kenya, digital age, legal framework, policy responses, technology.
Examining the use of post nuptial agreements: an analysis of the incorporation of post nuptial agreements in the matrimonial property regime of Uganda.
(Strathmore University, 2024) Matovu, J. H.
The right to own property has been recognized and protected under the Constitution of Uganda under Article 26 as well as other international instruments. The specific area to be discussed is matrimonial property. The allocation of matrimonial property is regulated by Article 31 of the Ugandan Constitution, along with other international agreements and legal precedents. Due to the absence of guidelines, the discretion exercised by the court has been abused by judicial officers in certain situations and this has led to injustices. In view of this, the court’s discretion needs to be guided so that more fair and equitable decisions are rendered by the courts. The paper builds a case for post nuptial agreements to bridge the gap in the matrimonial property regime of Uganda. The study recognises that these agreements act as guiding principles for courts which would prevent the abuse of their discretion without ousting their jurisdiction. Keywords: Matrimonial Property, Post nuptial agreements, Uganda
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.
Redeeming the textile industry in Kenya; a tighter policy on second-hand clothing
(Strathmore University, 2024) Rukaria, R. G.
This research project methodically examines the dynamics of the second hand clothes market and evaluates the current legislative framework to revitalize Kenya's textile industry. The main goals are to find regulatory gaps, assess how they would affect the textile industry, examine international best practices, and develop well-informed recommendations based on the lessons learned from prosperous countries like China and Rwanda. This investigation's breadth includes a thorough examination of Kenya's textile industry's past, linking its decline to the proliferation of used apparel and the effects of international trade agreements, most notably AGOA. The research broadens its scope to examine the socio-economic and environmental consequences, doing comparative evaluations with other countries such as Rwanda. Laws pertaining to resale are carefully reviewed, and several recommendations are made to rectify regulatory shortcomings that are identified. The methodology used is qualitative and makes use of a lot of secondary research from books, news articles, reports, and internet sources. The study uses a prescriptive technique, which is supported by the formulation of useful suggestions. Simultaneously, content analysis is employed to analyse prevailing viewpoints and concepts related to the market for used clothing. Important discoveries highlight a clear negative association between the rise in used apparel and the downfall of local textile industries throughout Africa. Environmental risks and skewed competitiveness are fostered in part by regulatory inefficiencies and valuation techniques' opacity. The lessons learned from Rwanda's and other successful policy implementations highlight the potential benefits of strict rules in building a resilient textile industry. The suggestions made include strengthening and enforcing laws pertaining to the importation of used clothing, copying effective policy initiatives, instituting strict quality control procedures, encouraging domestic textile manufacturing, and harmonizing legislative frameworks with global waste disposal guidelines. Although the study strives to be as comprehensive as possible, review of existing regulatory frameworks in the textile and used apparel industries could lead to even more improvement. Furthermore, a comparison analysis incorporating other African countries facing similar difficulties would enhance the study's scope and relevance. In summary, this research project aims to provide practical legal and regulatory interventions that are informed by international best practices for managing the second-hand clothing market, so making a significant contribution to the revitalization of Kenya's textile industry.
Safeguarding child content creators: towards enhanced legal protections in Kenya’s digital platform economy
(Strathmore University, 2024) Tembete, C. M.
The Kenyan digital platform economy as of July 2022, has had 11.8 million active social media users, 4.9% of which are children. Within the percentage, there is the inclusion of children who create content over different platforms including Instagram, TikTok, YouTube and Facebook. The content is either posted on the children’s personal page if they are over the age of 13, or on the pages of parent-run accounts. The content which varies, has the capability, through endorsements, advertisements or affiliate marketing to earn the creators' money. Naturally, for child creators, the money is deposited to the parents' accounts due to the children’s inability to be bank account owners. This inevitably creates the concern of the possibility of children not being able to tangibly benefit from the work that they do on social media. It further raises the question on the labour practices and laws in place to regulate the. In Kenya, the legislation that exists does not adequately protect children who actively work in the digital platform economy, which in turn potentially exposes the children in question to vulnerabilities due to the lack of protection. This dissertation therefore purposes to examine the need for new or amended child labour laws and compensation guidelines for children providing labour on social media platforms in the Kenyan context. This dissertation, through comprehensive literature review, a comparative analysis with other jurisdictions and research sought out to first investigate on the legal framework in place within Kenya in regard to child labour and the protection of child rights, identify the gaps in the area and the impact that they have on the children who work in the digital platform economy. The dissertation was able to identify the main gap as the current legal framework’s lies failure to anticipate and effectively contend with the emergence of children as active participants in the digital platform economy. The impact of this on children ranging from physical and mental consequence and the risk of exploitation and abuse. It has further sought to evaluate whether the production of content by children on social media platforms in Kenya meets the legal criteria of work as defined by Kenyan laws and international legal instruments. Through this, it was able to positively confirm that it does. The dissertation further set out to propose legislative reforms in Kenya that would better protect children who work in the digital platform economy including; legislative reforms, collaboration and adequate monitoring and enforcement. Finally, the dissertation makes the conclusion that the current legal framework is wanting but makes the observation that with proper legislative reforms, it would be able to adequately ensure the protection of children.

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