LLB Research Projects (2017)

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Access to employment for persons with disabilities: the case of Kenya.
(Strathmore University, 2017) Njoroge, Esther Nyaguthii
This study sought to investigate access to employment by PWDs in Kenya, the law surrounding the issue of disability, the factors impeding the application of these set out laws and to come up with recommendations on the ways in which the state of persons with disabilities (PWDs) can be improved within the employment sector.The study was done through assessing the adequacy of the current legal framework in curbing discrimination faced by PWDs in accessing employment. It established that the laws in place create a sound legislative framework, that at its current state should, to a larger extent, protect the right of PWDs to accessing employment save for various loopholes in the law. Through brief case studies of good anti-discrimination practices and laws, the study was able to bring out the prominent features of practices that allow PWDs to effectively access employment. Reasonable accommodation of PWDs was seen as a major factor that would contribute to allowing PWDs to confidently access employment.In order for PWDs to access and secure employment in Kenya, the study recommends that the barriers hindering the application of the laws concerning disability be dealt with. It also proposed that the government should take initiatives to obligate employers to make reasonable accommodation. In the end, the study makes the findings that the laws pertaining to PWDs are sound, save for some loopholes, but a more pragmatic way of approaching the subject should be considered. Through case studies of other legal frameworks that are purportedly better in other jurisdictions, the study was able to bring out the prominent features that are necessary for a sound system of laws that would sufficiently ensure PWDs the right to employment without hindrances. The study then recommends various changes aimed at curbing this discrimination.
Access to healthcare among marginalized Kenyan communities: A Case study of the People of Turkana County, Republic of Kenya
(Strathmore University, 2017-01) Nyambura, Mburu Ivy
Over time during the ensuing years of the late 20th century, Kenyans came to view the Kenya Constitution of 1963, under which Kenya gained independence from British rule in December 1963, as inadequate and in need of Reform. The Kenya Constitution 2010 is the result of this general dissatisfaction with the original 1963 Constitution. The new Kenya Constitution was promulgated on the 27th August 2010 after a long period of review, discussion and drafting that lasted close to 20 years. The new Constitution is said to be a great improvement towards development of a developing country in Kenya, since it was able to identify and address critical issues at the hearts of the people and provided practical ways of reforming governance at the subnational level of the country. This 2010 Kenya Constitution provides for the principle of sovereignty of the people and creates 47 counties, each with their own subnational governments1 as outlined in the First Schedule. The Country was divided into 47 counties, 2 each headed by a county government, thereby abolishing the provincial, district and local government administrations that had been in force since independence
Access to information and rights of third parties to contracts in the Kenyan extractives-mining industry
(Strathmore University, 2017) Wangui, Lucia Tatenda
The resource curse paradox is quite queer indeed however it can be explained simply. On one hand, there needs to be significant foreign investment and technology to exploit natural resources. On the other, state revenues from the sale of these resources on international markets are substantively less as compared to revenues from other productive activities. Both these circumstances, combined with little public monitoring, mean that multinational corporations, producing country governments, and specific interest groups use these contracts for their sole benefit to the detriment of the majority.To counter that, transparency initiatives in the extractive industry have become a norm rather than the exception to the norm. Various processes have been established internationally to monitor the disclosure of these contracts. These establishments have also been used to identify how the revenue from the extractive industry is being utilised. This study sought to investigate methods which can be used in the endeavour for more disclosure on contracts.It sought to determine who the beneficiaries of such projects are and what contractual measures can be taken to identify and protect these third-party beneficiaries. It seeks to find out the safeguards to the environment and human health thus showing the necessity for companies to disclose their environmental costs and plans. To ensure accountability, this paper proposes certain checks and balances that should be implemented by governments throughout different stages in the mining projects thus maximising on the potential revenues from the project
Access to information in Kenya: statutory enactment of Constitutional rights
(Strathmore University, 2017-01) Kimalel, Linda Jemtai
Access to information in Kenya was not adequately catered for in law. It has taken too long to enact an access to information law thus leaving room for violation of the right of access to information. This study seeks to establish the need for statutory enactment of Access to Information Law. The study was done through literature review on access to information and adopted a qualitative analysis. Thus establishing the scope of the right as being public and private bodies dealing with records of any form. A comparative analysis with South Africa brought out the grounds of refusal that are permissible without violating the right of access to information and role of a Commission as an oversight mechanism. For the purpose of upholding and protecting the right of access to information in Kenya, the study recommends that legislators must formulate laws that can be easily implemented. It also proposes that instruments such as political will and open government partnership commitment must be incorporated during enactment as well as implementation. In the end, the study concludes that enactment is necessary and will indeed uphold the right of access to information as guaranteed in Article 35 of the Constitution of Kenya 2010.
Addressing ethnic based politics in Kenya: a socio-legal perspective
(Strathmore University, 2017) Njoroge, Eunice Wanjiku
The political pillar of Kenya’s Vision 2030 seeks to achieve the development a political system that is issue-based, people-centered, result-oriented and accountable to the public. Despite these aspirations, politics in Kenya falls short of the ideals and best practices of a democratic political system. The political arena in Kenya is characterised by ethnic based politics, that is, the formation and sustenance of ethnically motivated and ethnically based political parties and coalitions. This research assesses whether the current constitutional efforts and those of the National Cohesion and Integration Commission of Kenya (NCIC) are effective tools to mitigate ethnic-based politics in Kenya. More specifically, the study assesses the role of ethnicity in politics and the degree to which the Constitution of Kenya (2010) and the NCIC have been effective in mitigating this. Finally, the study identifies ways in which these two might be strengthened and recommends what other additional legal solutions might be adopted in order to deal with ethnic-based politics.The study was conducted through literature review on polarization of ethnicity and the formation of ethnic based political parties and coalitions, and adopted a qualitative analysis. It established that though the law may help to mitigate the ethnicity component of politics in Kenya, the long term goal of the NCIC of promoting and strengthening national social cohesion is the only truly effective remedy for the eradication of ethnic based politics in Kenya. Through a comparative analysis with other jurisdictions the study was able to identify practical measures which can be put in place to promote a national identity and decrease the saliency of ethnic identities in Kenyan politics.In order to mitigate ethnic based politics in Kenya, the study recommends the strengthening of the NCIC. It also recommends the facilitation of conditions for full social, economic and political participation of all people irrespective of their ethnic identity. Furthermore, it proposes the strengthening of checks on political parties and the promotion of policy-oriented coalitions. In the end, the study makes the conclusion that the current legal framework is still wanting and that the sustained saliency of ethnicity in politics requires further reform of existing frameworks.
The Administrative factors hindering the efficient accountability of public officers in fulfilling public functions
(Strathmore University, 2017-01) Ahere, James Ochong
This dissertation focuses on the regulation and holding to account of public officers with regard to fulfilling public functions, which can be understood as the responsibility taken up by the state to provide public services to its citizens. There has been an exponential increase in cases reported of public officers mismanaging and embezzling public funds in Kenya, leading to inefficient provision of services to the public and a reduction in the socio economic welfare of the citizens due to mismanagement of tax payer’s money. This research paper outlines the administrative measures stipulated by law with respect to policies made and the institutions established in regulating, monitoring, investigating and prosecuting actors. Moreover, the dissertation seeks to assert the real issues that have inhibited the efficient regulation and holding to account of public officers by providing a historical account of the role of regulatory bodies mandated with the role of investigating corrupt public officers in public office. The research paper further highlights the National Youth Service corruption scandal as its case study, providing the facts of the case and thereafter providing new reforms/approaches that can be implemented in the ongoing probing of the public officers accused of the corruption offences. Inherently, this research paper seeks to outline the statutory loopholes in the law with respect to regulation of public officers. It also outlines general institutional measures, internal and external, necessary to maintain efficiently provided public functions guided by the principles set out in the constitution with respect to leadership, integrity and the rule of law
An Analysis of the challenges facing Kenyan prisoners during their rehabilitation
(Strathmore University, 2017-01) Mutemi, Peter Mutui
The purpose of carrying out this study was to analyse if the Kenya Prison service can effectively fulfil their mandate of rehabilitating offenders while facing challenges of inadequate resources and unprofessional personnel. The specific aim of the study was to assess these challenges and discuss how they affect the personal lives of inmates. The goals of the study were to also develop recommendations based on the research findings. The scope of this research is limited to the challenges facing African and Kenyan prisons. The primary subjects of this study are prisoners. This research therefore encompasses a phenomenal study that aspires to identify what leads to occurrence of a certain phenomenon in this case being the creation of inmates sub-culture from the prisoner’s perspective, reactions and perceptions. The theory of Prisonization guided in answering the research problems. The research design is purely qualitative and will seek to understand the research problems from the perspective of inmates. This design is advantageous because of its ability to provide textual descriptions of how prisoners experience the research issues. Due to the closed and secure nature of Kenyan prisons, the data for this study was collected on a desk review basis from previously published reports, journals, books and internet resources. The study hypothesis was that the challenges facing the Kenya prisons service impede its mandate of rehabilitating convicted criminals and ultimately affects the personal lives of prisoners. The collected data supports the view that the challenges faced by the Kenya prisons service of inadequate resources and incapable personnel limit its operations and corrode its rehabilitation programmes. Inmates who are introduced to the criminal justice system are not availed with the necessary interventions they require hence upon release they remain un-rehabilitated. These unrehabilitated ex-offenders do not acquire necessary skills of social reintegration to help them reunite with society as law abiding citizens hence they remain criminal minded; a factor which causes them to reoffend and return to prison making the Kenya prison service fail in its mandate. The results of the study also reveal that the challenges cause inmates to form societies of social interaction which repudiate interactions between prison management and inmates hence making it difficult for inmates to participate fully in rehabilitation programmes. The study recommends there should be increased support for the Kenya prisons service; courts should also make use of alternative sentencing options and the government of Kenya should invite civil society and the community to participate in reintegration programmes.
Analysis of the effectiveness of technovation law in Kenya
(Strathmore University, 2017-01) Ndaruzi, Odette NahabandI
The idea of technovation law is a fairly recent practice in Kenya that has risen from technological advances which influence innovation. This research paper focuses on the implementation of the law in Kenya in comparison to other countries and the recommendations that would be relevant to Kenya. The objective of this research is to determine how effective the laws in Kenya are as compared to other states having carried out an assessment of the awareness among employees and employers of their rights with regards to technovations. To achieve this, we must understand the idea behind technovation laws through the theories so as to conduct a thorough analysis between the legislation available in Kenya and other countries. In addition, a quantitative research must be conducted to assess the work environment in Kenya and how well it has embraced the law. The provisions for technovations in the laws of Kenya are quintessential to encourage innovation in the work environment which in turn will lead to improved efficiency and consequently, a positive impact in the economy as a whole. The advancements in technology leave room for further inventive measures which must be protected in the law
An Analysis of the legitimacy of self defence against non-state actors in international law
(Strathmore University, 2017) Ngolo, Emily Sharon Wakesho
In recent years, there has been a proliferation of non-state actors that have proven to be a credible threat to the survival of states and mankind. These non-state actors are strong not only in number and ammunition but also economically. In the event a sovereign state is attacked or threatened to be attacked, it is within its rights to defend itself and its people. Historically, the right of self-defence in international law could only be invoked as between states. The question as to whether the inherent right of self-defence arises in the case where the attacker is not a state under international law, has been seen to creep into numerous legal discussions recently, as a result of the emergence of these dangerous non-state actors all over the world, and subsequently, retaliatory actions by states in the façade of self-defence. This paper intends to analyse the provisions of international law to determine what the future holds, if at all the international community is to curb the threat posed by these non-state actors while still upholding the spirit and purpose of the United Nations Charter, by preventing the unilateral recourse to use of force by states. The paper finds that, self-defence against non-state actors should be permitted for states but with various limits in the law. The right should have stringent limits.
Analysis of the State’s legal obligations in reducing the gender gap witnessed during transition to secondary schools : a focus on the Girl child
(Strathmore University, 2017-01) Obat, Juliane Verra
The research analyses the obligation of the state in reducing the gender gap witnessed during transition to and retention in secondary school. The focus is on the girl child. The state’s obligation is a broad spectrum encompassing the right to fulfil, respect and protect the right to education.1The attention is on the girl child since indicators show that despite enrolment of girls being slightly higher than boys in primary school, there is a shift when transitioning to secondary school.2The gender gap widens, increasing the probability of boys graduating secondary school double the number of girls.3The research methodology involved qualitative data analysis, where the causes of gender gap were explored and data collected from both primary and secondary sources including the constitution and statistics from international organizations such as UNICEF. Gender disparities widen in secondary school with the most witnessed in upper secondary class 4. The causes of such disparity vary from socio-cultural factors to educational institution issues. Socio cultural issues include ethnicity and Social Economic Status (SES) of an individual. Ethnicity affects gender parity where some ethnic groups uphold certain practices such as early marriage, which affect the girl child education. Educational issues may include the curricula and school related violence such as physical and sexual abuse against the girls in the institution. Using indicators such as literacy rates and transition to other levels of education can help track any gender disparity in the education sector. There is need to improve accessibility and availability elements of education to tackle the disparity witnessed since the above aspects are the ones that hinder secondary education for the girl child.5There is need to continue with gender mainstreaming while involving different stakeholders especially at the grass root levels since they are able to help in implementation and monitoring strategies and policies by the government.
An Analysis of water resource institutions and their efficiency in water pollution prevention: the case of Nairobi water
(Strathmore University, 2017) Tuiyot, Barbara Chemutai
The starting point of this research the extent of water pollution problem in Nairobi River. Poor water governance has been found to be among the major contributors of water pollution and this paper explores the institutions governing water resources (an element of water governance) with the aim of the adequacy of the current institutional frameworks in controlling water pollution.
An Analysis on child labour laws in Kenya; a quest for the best interests of the child
(Strathmore University, 2017-01) Tuwei, Chepchirchir Daisy
Child labor continues to be widespread phenomena across the globe. Worldwide over 215 million children have been reported to be working many of them fulltime. Some of the regions that have recorded the highest numbers of child labourers include Asia and Sub- Saharan Africa. The ILO has taken initiative to ensure eradication of child labour. There is the ILO Convention 138 on Minimum Age of Employment that seeks to ensure children below a certain age are not engaged in child labour. ILO Convention 182 is on the Worst forms of Child labour its’ aim is to ensure that children are not engaged in hazardous activities that may be harmful to their health or may interfere with their education. The African Charter on Rights and Welfare of a Child has also outline the need for protection for children’s rights and encourages state parties to ensure that the best interests of a child prevails. Kenya has ratified all three instruments as an initiative to ensure children rights are protected. Various pieces of legislation such as the Constitution of Kenya 2010, Employment Act, Children’s’ act have provisions to ensure that child labour is eradicated. Despite all this pieces of legislation there is need for a child-centered policy on the elimination of Child Labour. Such a policy would take into account the nature of work done by the child and consider what is best for the child. This study will thus analyses the legal provisions on child labour and the steps taken by Kenya to fulfil its obligations. It will also give a recommendation on how to formulate a child centered policy to eradicate child labour and ensure the best interest of a child prevails.
The Applicability of mediation in the resolution of criminal disputes in Kenya: a case for restorative justice in the criminal justice system
(Strathmore University, 2017) Mugo, Alice Kahithe
The purpose of carrying out this study is to discover whether mediation can be applied in the resolution of criminal disputes in Kenya and specifically, to find out at what point of the trial process criminal cases can be referred to mediation; whether mediation by itself, is sufficient for the resolution of criminal disputes; and the contribution that mediation can make to the offender’s rehabilitation. The research methodology for this study entails the use of journals and other secondary sources from Strathmore University’s online library resources, and international legal instruments. This study begins with the research proposal under which the problem, the research questions, and the purpose of the study are introduced. Chapter 2 deals with the theoretical framework, consisting of three interrelated theories, and the views of different authors are encompassed under the literature review. Chapter 3 entails a critical interrogation into the applicability of mediation in criminal cases. Chapter 4 is an examination of the international legal framework in place to deal with mediation of criminal matters. The last chapter contains a summary of the main findings of this study, in addition to the conclusion and recommendations. The main findings of this study are the following: mediation can be used to resolve criminal disputes; mediation can be introduced prior to the presentation of the case before court, after a guilty verdict but before sentencing, or after sentencing; and mediation can lead to a positive outcome for the case and a positive change on the offender’s behaviour. The major recommendations of this study are that mediation should be applied in Kenya in the resolution of criminal cases and that a legislation on criminal mediation would be necessary and would have to address three key areas- the conditions of referral of cases to mediation; the training and qualifications of mediators; and the outcome of cases after mediation.
The Applicability of traditional dispute resolution mechanisms in criminal cases in Kenya
(Strathmore University, 2017) Chepkoech, Carol
Before the advent of colonialism, Africans had their own mechanisms of dispute resolution which were based on the customary law applicable at the time. These mechanisms, otherwise referred to as traditional dispute resolution mechanisms (TDRMs), had provisions for all kinds of disputes arising including those of a criminal nature. Colonialism resulted in the importation of laws from other jurisdictions, particularly England, specifically through the reception clause. Pursuant to the repugnancy clause, customary law could only be used to the extent that it was consistent with written law and was not repugnant to justice and morality. Article 159 of the Constitution of Kenya (2010) states that in discharging its mandate the judiciary has an obligation to promote Alternative Dispute Resolution Mechanisms, under which it specifically mentions TDRMs. The objective of this study is to establish whether TDRMs are currently applicable in criminal cases in Kenya, and if establish the scope of their application. Chapter 1 lays the background, states the objectives and explains the theoretical framework of this study. Chapter 2 looks into the historical development of TDRMs in Kenya as it pertains to the resolution of criminal disputes. In answering the question as to whether TDRMs are applicable in criminal matters, chapter 3 examines the various enabling constitutional and statutory provisions as well as the jurisprudence that has been developed by the court on the same. Chapter 4 seeks to address the question of the extent of TDRMs in criminal cases; whether it can be used for both felonies and misdemeanours, at what point it can be invoked during a trial and which parties should be involved in the course of resolving disputes through TDRMs. Chapter 5 explains the findings of this study then goes ahead to make the conclusions and recommendations.
An Assesment of the enforcement of minimum wage legislation in Kenya
(Strathmore University, 2017) Thuita, Eric Mwangi
This dissertation looks to assess on the enforcement of minimum wages laws in Kenya. It does this by investigating on the exact extent of the enforcement of these laws and thereafter looking to evaluate on the factors causing such an extent of enforcement. Additionally, the dissertation looks to analyse and suggest the various approaches that could be considered so as to improve said enforcement.This dissertation does not look to question the viability of minimum wage legislation by itself as a policy instrument, but instead confines itself to assessing the enforcement of these laws; an area of research it identifies as generally ignored and minimally explored by the academic community.To achieve this, the dissertation primarily relies on secondary data from numerous strands of literature that have looked to analyse, whether partly or wholly, the questions that the dissertation seeks answers to. Thereafter, the dissertation combines and conceptualizes said data to paint a picture of the enforcement of these laws in contemporary Kenya as well as offer avenues through which the rate of enforcement can be improved.The dissertation indeed establishes that enforcement of these laws is dismal in Kenya, with the most relevant and latest source placing said non-enforcement at an astounding 42% of all of Kenya’s labourers. Some of the reasons behind this poor extent of enforcement are identified by the dissertation as a poorly capacitated labour inspectorate as well as on the manner in which the minimum wages are set, including the considerations looked at in the process of such setting. The high informality rate that characterises Kenya’s labour force, and a general lack of awareness of these laws on the part of the various labour market players are too identified as major causes behind the poor rate of enforcement. The dissertation thereafter identifies ways in which such enforcement can be improved, and such measure as the sustainable formalization of the informal economy, the enhancement of the labour inspectorate as well as the spreading of information and awareness about these laws are identified to that effect. In the end, the dissertation concludes and offers recommendations stemming from its writing.
Assessing realization of gender rule in parliament: in light of the political history of Kenya and the advisory opinion no. 2 of the supreme court of Kenya [2012].
(Strathmore University, 2017-01) Kimere, Ivy Nyokabi
Women in Kenya have struggled historically to be included in politics. For a long time, women’s rights have been sidelined because the male population have been the majority players in politics. Furthermore, the society is yet to accept women as capable of taking up leadership roles as they are still influenced by the patriarchal views embedded in the Kenyan culture. With time, women became aware of their inherent right to equal treatment and began to fight to be included. They did so by forming women movements and running as aspiring election candidates in elections. The likes of Martha Karua and Phoebe Asiyo tabled several affirmative action bills in order to increase the number of women in parliament. This push from female politicians and other factors that shall be discussed in this study led to the inclusion of the two-thirds gender rule in the new Constitution of Kenya. The realization of this rule was not outlined clearly thus causing havoc for parliament as they were unable to meet this threshold and feared being deemed unconstitutional. It has been five years since the last general election and parliament has not implemented any bills that would realize the two-thirds rule. This study was thus conducted to assess the capability of realizing the two-thirds gender rule in parliament in light of the factors such as looming male superiority in parliament, political parties’ dynamics, the political history of Kenya and the nature of this rule. The study shows that political parties play a critical role in determining the number of both men and women in parliament as they are involved in the nomination process. Furthermore, the study notes that Kenya still has patriarchal notions embedded in its society. In order to realize the two-thirds rule, the study suggests that there be a legal quota for political parties. That is, political parties be subjected to a minimum threshold of the number of women and men they can be nominated to compete in elections. Furthermore, the constitution should be amended to shed clarity on the nature of the two-thirds rule and ways of implementing this rule.
Assessing whether codification of directors’ fiduciary duties will facilitate at least partly improved corporate governance in Kenya: a critical analysis of the duty to promote the success of the company
(Strathmore University, 2017-01) Chemutai, Kosgei Brenda
Kenya has in the past witnessed numerous collapses of banks, insurance companies, stockbrokers as well as state corporations. These failures have highly been attributed by numerous authors to the weak regulatory framework governing directors’ duties. The new Companies Act which was assented to on September 2015, proposed to introduced a written statutory statement of directors’ duties, and this was seen as a positive change within the realm of Kenya’s corporate governance, at least on the face of things. However, these duties, particularly that set out in section 143 (1) (af), are coupled with uncertainties and it begs the question as to whether these uncertainties will curtail the achievement of that which was intended by the codified duties. This research paper therefore attempts to analyze the duty set out in section 143 (1) (a-f) which obligates directors to promote the success of the company for the benefit of its members as a whole with due regard to a list of factors set therein. This analysis shall seek to identify the advantages of codification as well as the uncertainties associated with the duty. It shall endeavor to explore a comparative analysis of the corporate law in the United Kingdom and attempts to analyses the manner in which the identified uncertainties in the new Act have been resolved
Assessment of the legislative safeguards present in Kenya with regards to unhealthy foods in light of them being identified as a contributing factor to non-communicable diseases
(Strathmore University, 2017) Zinzi, Natasha Mutiso
Non Communicable Diseases (NCDs) pose a significant threat to economic production and growth. One of the risk factors that can be attributed to the rise of NCDs is an unhealthy lifestyle which consists of consumption of unhealthy food, tobacco use, lack of physical activity etc. This paper focuses on the risk factor that is unhealthy foods to examine if there are sufficient legislative measures protecting consumers. The important of food should not be taken lightly the fact of the matter is as much as it's a commodity in the market it is intrinsic to our human survival. Looking at the legislative measures in protecting consumers was an examination on the information and safeguards available to consumers when faced with unhealthy food options i.e. did they have necessary information on food and nutrition to make an informed purchases, are there alternative options to purchase, and what current codes and standards were in place with regards to food? The fact of the matter is consumers require better legislative safeguards when it comes to unhealthy foods. The main way tackle this is providing better consumer education whether in the form of risk communication, labeling or nutrition.
Balancing competing interests: a study on Kenya’s: ability to reconcile national security with the right to privacy
(Strathmore University, 2017) Oyatsi, Trufena Rita
This study investigates whether Kenya can maintain the balance between upholding national security and protecting the right to privacy in effecting counter terrorism measures. It examines the implementation of local and international counter terrorism legislation in the domestic jurisdiction. Furthermore, it analyses the extent of derogation from the right to privacy as provided by Article 4 of the ICCPR. In addition, it carries out a comparative study between Ghana; a state that has managed to maintain its national security whilst respecting the right to privacy, and Ethiopia, a state that has countered terrorism through wanton violations of the right to privacy. Best practices are drawn from England. The study concludes by providing viable recommendations on the various issues raised.The central theme of this study investigates whether Kenya can sustain the balance between maintaining national security while respecting the right to privacy in this era of counter terrorism. In attempting to answer this question, a plethora of related questions emerge: How flexible are human rights norms when it comes to extreme threats to national security like terrorism? Do Kenya’s geopolitics warrant a greater margin of appreciation in favour of security? Do the security measures employed meet the aim for which they are intended, that is to prevent, reduce or completely eradicate terrorism? The study recognises the proclivity of terrorism to pit the right to privacy against national security. With the evolution of terrorism from significant suicide bombings to now include mass causality shootings, states have adopted measures to counter the crime. Steps towards making national security paramount have taken centre stage and dominated the on-going conversation on dealing with terrorism. Nonetheless, these steps have been highly criticised by various human rights advocates and labelled as anathemas to civil liberties such as the right to privacy. Reconciling the notion of upholding liberties with preserving national security has proven to be one of the greatest challenges of modern times. This study, therefore examines whether this reconciliation can be achieved in Kenya.
Bio-piracy and the case for traditional medicine in Kenya
(Strathmore University, 2017-01) Nyamongo, Rhodah Noreen Kwamboka
Traditional medicine as a form of traditional knowledge has for the longest time been inadequately provided for within the legislative framework both locally and internationally. In spite of being in existence for a long time and the awareness of its reliability, it has been poorly protected and the consequence has been biopiracy, that is, unfair misappropriation and exploitation. Only recently has the populace and government in developing countries recognised the necessity of protecting it and ensuring that the rights members of the indigenous and local community who discovered the medicinal knowledge are recognised, preserved and protected. The study examined the current legislative and regulatory framework globally and in Kenya and came up with recommendations which Kenya can implement in order to prevent biopiracy and create systems through which the holders of traditional medicine can benefit from them. The study was conducted through comparative analysis of the approaches taken by Thailand, India, South Africa and Portugal as opposed to Kenya. It has found that the newly enacted Statute and international intellectual property laws have loopholes that greatly foster bio-piracy. It has also found that the protection of traditional medicine in Kenya will be greatly promoted through the establishment of an independent institution whose members are well versed or experienced in the area of traditional knowledge, particularly the medicinal practices. The study proposes that the Digital Repository to be established be made available and accessible globally to institutions that deal with the registration of intellectual property rights in order to prevent bio-piracy not only locally but internationally.

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