Browsing LLB Research Projects (2020) by Title
Now showing items 44-63 of 112
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Features for a sound secession referendum: How to incorporate reason in a highly emotional matter
(Strathmore University, 2021)Self-determination sometimes raises expectations that can never be realised. It could be understood as a right or a principle with numerous obstacles that come in the way of its realisation, thus raising the question ... -
‘The final door to future parenthood’: the need for a fair balance between the procedural and substantive justice in in vitro fertilization (IVF) and patient consent in Kenya.
(Strathmore University, 2020-11)Assisted Reproduction Technologies is a fairly new concept in Kenya especially when it comes to In Vitro Fertilisation (IVF). In Kenya today, IVF is an emerging area with approximately 2,000 babies born from the procedure. ... -
Financing loss and damage: the realization of distributive justice in the Paris agreement
(Strathmore University, 2020-11)The acquisition of climate finance for loss and damage under the Paris Agreement is based on the principles of distributive justice, that being cooperation and facilitation as opposed to the traditional notion of liability ... -
Finding a legal balance between the right to strike and right to education in Kenya
(Strathmore University, 2021)The teachers’ right to strike and the children’s right to education are both essential rights recognised by Kenya’s legal framework. Despite this fact, there are instances where conflicts arise between these two rights. ... -
Flaring and venting of associated gas in upstream petroleum operations in Kenya A need for a zero-tolerance policy to ensure sustainable development of the environment
(Strathmore University, 2020)This study will examine the use of legislation to stop gas flaring and venting of associated gas in upstream petroleum operations in Kenya, and proposes an alternative solution to the ongoing gas flaring in region. In ... -
Freedom of expression in Kenya: A study of section 16 of the film and stage plays act and its role in curtailing freedom of expression
(Strathmore University, 2021)The main aim of this paper is to analyse the constitutionality of Section 16 of the Film and Stage Plays Act. This will be done by considering its impact upon one’s guaranteed right to expression and the limitation clause. ... -
Fulfilling the right to maternal healthcare in Kenya
(Strathmore University, 2020)The Government of Kenya is legally bound to respect, protect, and fulfil the right to maternal health care, yet women continue to endure abuse and negligence when giving birth in public health facilities. The right to ... -
Gene editing in light of the right to human dignity and freedom from discrimination of unborn disabled persons
(Strathmore University, 2020)This paper discusses CRISPR-Cas 9’s resulting effect on disabled persons and the implication of its application on their human dignity and freedom from discrimination. This gene editing technology could be advantageous, ... -
How Exclusive is the Exclusive Economic Zone: A Balance of fishing rights between coastal States and landlocked States in Africa through RECs
(Strathmore University, 2020-11)Living resources within the fisheries zones are of fundamental economic interest to both coastal States and landlocked States. Hence, there is need to accommodate both interests for purposes of achieving equity. These ... -
Ignorance of a nation the abuse of the right to information in Uganda and its possible solutions
(Strathmore University, 2020)Uganda is party to many international treaties that aim at fighting for human rights. It has even taken the initiative to draft laws in accordance with those treaties and also establish platforms where people can access ... -
Impact of the ruling in The Prosecutor v Laurent Gbagbo and Charles Ble Goude on the Common Plan Policy provided for under Article 7(2) of the Rome Statute.
(Strathmore University, 2020-11)A statute or any codified law can be considered to be the bible of its jurisdiction. However, what happens where a verse in the bible is not clear? It is prone to varied interpretations by the religious practitioners. The ... -
Imperceptible depths: Assesment of the constrints affecting wildlife crime proceedings in the judiciary as a result of subpar cooperation of the arms of government
(Strathmore University, 2020)Kenya ranks among the world’s top wildlife destinations and wildlife is a source of national pride, the foundation for the tourism industry that contributes around 10% of National Gross development project (GDP) and 11% ... -
The implications of the Kenya vs Somalia case before the international court of justice on the territorial sovereignty of Kenya.
(Strathmore University, 2020-11)This dissertation sorts to determine the implications of the case before the International Court of Justice on the Maritime delimitation of the Somalia and Kenya coastline. As an important aspect that States still cherish, ... -
The import of declaration of sections 24(3) & 25 of the children’s act as unconstitutional on the protection of the right to parental responsibility
(Strathmore University, 2021)Parental responsibility is an essential facet in the overall wellbeing of a child. It takes into consideration the child’s best interest, which is of paramount consideration in any case where a child is involved. Parental ... -
The inception of online dispute resolution(odr) in Kenya: understanding that Kenyan legal practitioners can still have a place in the odr space
(Strathmore University, 2020-11)In what could serve as the premise for a dystopian, apocalyptic tale of the fall of humankind, in 2017 the first robotic artificial intelligence was given citizenship in the United Arab Emirates. Albeit being of purely ... -
An inquiry into the limits of judicial intervention in the impeachment
(Strathmore University, 2020)Article 181 (2) of the 2010 Constitution of Kenya instructs Parliament to enact a law highlighting the process of impeachment of a country governor. This has been done through the County Government Act. Section 33, ... -
Intercountry adoption in Kenya: A critique on the role of government regarding the modern-day human trafficking
(Strathmore University, 2021)Intercountry adoption is the process by which one takes a child from one country to their own through permanent legal means, bringing the child into their family, treating them as their own and giving them all the rights ... -
International investment in oil, environmental degradation and the developing world A (Dis)connection
(Strathmore University, 2020)The study undertaken in this dissertation seeks to assess the position of international investment in the developing world, analysed in the context of the right to a clean and healthy environment. The study highlights the ... -
Interpreting the silence of section 35 of the arbitration act 1995: a judicial dilemma for the Kenyan courts
(Strathmore University, 2020-11)Pursuant to the provision under section 35 of the Arbitration Act, 1995, in Kenya, an arbitral award may be set aside following an application to the High Court. However, a problem arises when an aggrieved party remains ... -
Just compensation in the compulsory acquisition process in Kenya
(2021)Just Compensation is a vital aspect of compulsory acquisition. It is important that upon completion of compulsory acquisition of land, the victims of the process, are justly compensated, as they have significantly ...