Browsing LLB Research Projects (2020) by Title
Now showing items 12-31 of 112
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Analyzing the efficacy of article 44(3) of the new constitution of Kenya (2010): a study on female genital mutilation in Kenya
(Strathmore University, 2020-11)FGM is a malpractice in Kenya that continues to be the bane of the girl child’s existence. The practice is believed to have originated from Ancient Egypt due to the discovery of circumcised female mummies from the 5th ... -
Appraising the legal and regulatory framework on medical negligence in Kenya
(2021)The medical profession is one that is heavily regulated in Kenya. However, the cases of medical negligence are rampant and most offending medical practitioners go unpunished. There exists a regulatory and legal framework ... -
The appropriate remedy for the breach of the 24-hour rule
(Strathmore University, 2020)This dissertation is an introduction into a research concerning the suitable remedy for the breach of the 24-hour rule. The philosophical basis of this dissertation is hinged on Pheroze Nowrojee and Issa Shivji’s political ... -
Assessment of the role of the government in providing adequate housing for vulnerable elderly persons
(Strathmore University, 2020-11)This paper examines the role of the government in providing adequate housing for vulnerable elderly persons. This is conducted by analysing how the Government of Kenya has complied with international law and standards that ... -
Attribution and state responsibility in cyber warfare: a case study of the not Petya attack
(Strathmore University, 2020-11)This dissertation addresses attribution and the attaching of state responsibility in cyber-attacks using primarily a case study methodology. It seeks to address its three objectives: an analysis on the threshold in which ... -
Balance of power in kenya: analysing the contribution of the ODPP
(Strathmore University, 2020)The 2010 constitution of Kenya provides for independent institutions which play an important role in the balance of power among the different branches of government. Their major responsibilities as provided for by article ... -
Balancing children's right to education and criminal responsibility in arson cases in Kenya
(Strathmore University, 2020)The arson incident at Moi Girls Nairobi was a wake-up call to the Ministry of Education. Kenyans watched as firemen struggled to put out the raging fire. 9 students died. Property was lost to the fire. Many fires had been ... -
The best interest of a Kenyan child in inter-country adoption
(Strathmore University, 2020-11)International adoption is the most widely form of adoption practiced in most developed countries. Although many people consider this form of adoption as a “chance to save the day and become a hero”, it also opens the door ... -
The Blame game An analysis of the application of the principle of ministerial responsibility in Kenya
(Strathmore University, 2020)Ministerial responsibility is a constitutional principle applied primarily in the Westminster parliamentary system. The principle empowers Parliament to hold ministers accountable for the conduct of their ministries and ... -
Bridging the gap between politics and international criminal justice: a closer look at advancing the independence of the prosecutor of the international criminal court
(Strathmore University, 2020-11)The International Criminal Court is considered the embodiment of international criminal justice, fairness, rule of law, and impartiality. However, in recent times, these principles and values have tainted the view of the ... -
Child custody: a study of the application of the best interest standard
(Strathmore University, 2020-11)Child custody with respect to a child, means so much of the parental rights and duties relating to the possession of the child after dissolution of a marriage. 1 The best interest principle has been at the heart of all ... -
Codifying the best interests of the child in post-divorce custody cases with regard to legal certainty
(Strathmore University, 2020)The Children Act of 2001 can be considered to be the most important legal source in Kenya as it is the pioneering statute that introduced the concept of the best interests of the child. The concept was later buttressed by ... -
The constitutionality of committal to civil jail in Kenya.
(Strathmore University, 2020-11)A conflict between local and international instruments usually brings confusion and dissimilarity, especially in judgements delivered by courts. Article 11 of the International Covenant on Civil and Political Rights provides ... -
The constitutionality of mandatory academic qualifications for elective posts The case of Kenya
(Strathmore University, 2020)This thesis studies the political right to stand for election also referred to as the right to candidacy in other regimes. In so doing, it evaluates the legal framework on political rights in Kenya with a bias of article ... -
The content and context of unnecessary suffering under Kenya’s prevention of cruelty to animals act of 2012: towards an effective standard of domestic animal welfare
(Strathmore University, 2020)“Humanity's true moral test, its fundamental test consists of its attitude towards those who are at its mercy: Animals.” -Milan Kundera- The Prevention of Cruelty to Animals Act of Kenya of 2012 is the main legislation ... -
Corporate criminal liability in Africa: The discomfiture surrounding the protocol on the amendments to the protocol on the statute of the African court of justice and human rights
(Strathmore University, 2020)The corporate criminal liability doctrine has not always been met with open arms in international law. The main concern being the difficulties in assessing the mens rea of a legal entity as opposed to a natural person. The ... -
Corporate criminal liability the need to reconceptualize existing corporate criminal liability laws in Kenya
(Strathmore University, 2020)Corporate criminal liability is not a foreign concept in Kenya. Numerous legislations are in place and acknowledge its existence and importance in society. However, the statutes assume that there exists no distinction ... -
Corporations on trial: introducing corporate complicity for international crimes into the ICC to end impunity
(Strathmore University, 2020-11)Following the mandate of Special Representative John Ruggie’s guidelines on Business and Human rights, urging the need for corporate regulation in international environmental law, questions have arisen on the possibility ... -
Critical analysis into the protection of traditional medical knowledge in Kenya : Lessons from India and Peru
(2021)The practice of traditional medicine amongst communities has taken place from time immemorial. Such practices are so engrained to the culture and identity of the communities that lack of recognition and protection would ... -
A critical analysis of the laws on the remuneration of members of parliament in Kenya
(Strathmore University, 2020)There are multiple laws in Kenya that govern the roles, responsibilities and remuneration of political representatives. These laws include the Constitution, the Leadership and Integrity Act, the Salaries and Remuneration ...