LLB Research Projects (2017)

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    Effect of wide judicial discretion on the legality of sentencing at the Icty
    (Strathmore University, 2017) Kinyanjui, Ivy Nyambura
    This dissertation looks into the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and identifies that the judges enjoyed unfettered judicial discretion in sentencing due to the minimal provisions on sentencing within the Statute and Rules of Evidence and Procedure. This wide judicial discretion has led to inconsistency in the determination of gravity of crimes, aggravating and mitigating circumstances and reference to the general practice of the former Yugoslavia. The study then uses Hart’s theory of judicial discretion within the larger context of positivism, in order to determine that the inconsistent jurisprudence of the tribunal has violated the principle of legality. The hypotheses was that there was inconsistent sentencing in the ICTY. The dissertation looked into the sentencing practice of the International Criminal Court as the future of international criminal justice and determines that there are possible challenges to sentencing there and offers recommendations. One of the recommendations is to have the Assembly of State Parties pass a document with sentencing ranges or a more detailed sentencing policies in order to make the sentencing more consistent.
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    Enhancing the fight against corruption in Kenya: making the case for conferral of prosecutorial powers on the Ethics and Anti-Corruption Commission
    (Strathmore University, 2017) Mwaniki, Brian Kimari
    The main objective of this dissertation is to prove that the EACC has been ineffective in the fight against corruption due to the absence of prosecutorial powers. It analyses the history of corruption in Kenya in order to demonstrate the factors which often frustrate the fight against corruption. It also scrutinizes the legal framework of the EACC in order to establish whether it allows the EACC the authority and independence it needs to reduce corruption and economic crimes in Kenya. The dissertation then analyses the successes of the Sierra Leone Anti-Corruption Commission with regards to prosecution of corruption and proposes recommendations that the EACC should adopt in order to enhance the fight against corruption. This dissertation shall be limited to corruption offences that have occurred within the territory of Kenya. Moreover, the dissertation shall only deal with two specific types of corruption, grand corruption and looting. It analyses the prosecution of public officials for the offences of looting and grand corruption. It shall also look at the impediments to prosecution of these corruption offences as opposed to any other criminal prosecution. Secondary sources have been the only form of data relied upon in this dissertation. Qualitative data revealed that anti-corruption institutions in Kenya have been ineffective in the fight against corruption. This has been attributed to many factors including the fact that it lack powers of prosecution. This dissertation has found that the DPP has frustrated the successful conviction of corruption cases owing to the lack of political will to conduct prosecution. The justification for undertaking this dissertation is that corruption causes us massive economic losses every year. This cost is unjustifiable and so it is crucial that we seek to protect our economy from these losses. The anti-corruption initiatives undertaken should be more effective for their purposes, the EACC should in this regard be empowered as is necessary to ensure efficient prosecution of graft. The dissertation proposes that the current anti-corruption law be amended in order to confer prosecutorial powers upon the EACC.
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    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.
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    A Contractual marriage: what is the place of prenuptial agreements in Kenya
    (Strathmore University, 2017) Mwaura, Lucy Wangari
    The laws of Kenya define a marriage as a voluntary union between a man and a woman whether in a polygamous or monogamous union and must be registered in accordance with the Marriage Act'. The Holy book defines marriage as an intimate and complementing union between a man and a woman where they become one body in flesh till death separates them from the legal definition and a sentimental approach to marriage it is not difficult to draw that, indeed marriage is a very important stage within one's life cycle. Therefore it is prudent for one to enter this union with a degree of legal and psychological preparedness. Hence prenuptial agreement is one such step towards preparedness.
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    A Critique of the victim protection act, 2014 from the point of view of women as victims of crime
    (Strathmore University, 2017) Cherotich, Viola Anne
    Women in African societies have always been "victims" of their own societies with lower status and fewer rights than their male counterparts. They have been considered inferior to men, with the consequence that power, prestige and property are unequally distributed on the basis of gender. Regarding crimes and abuses against women in more modern times, accessing justice has often been futile owing to ridicule, discrimination, victimization and fear. All this is as a result of discriminatory laws as well as customary beliefs and practices.