Browsing LLB Research Projects (2020) by Title
Now showing items 57-76 of 112
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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 ... -
Justice in development What is the import of section 152F 2(b) on development induced forced
(Strathmore University, 2020)Forced evictions are a global issue and have led to the displacement of millions of people. The forced eviction regime in Kenya allows a person to seek redress from the court against an eviction notice that has be issued ... -
Land holding in Kenya: unpacking the concept of efficiency under Article 60(1) of the Constitution of Kenya 2010
(Strathmore University, 2020-11)In Kenya, the principle of efficient land holding is espoused in Article 60(1) of the Constitution of Kenya. This supreme law requires that land be held in a manner that is efficient. However, there is a lack of a framework ... -
Legal abortion as a viable option for victims of child sexual abuse in Kenya
(Strathmore University, 2020-11)Child sexual abuse is an emotive and sensitive issue in today’s world. It is a vice that shocks and traumatizes the victims and undermines the status of females in society. In recent years, the World Health Organization ... -
The legality and validity of the Persian Gulf war as authorized by the united nation’s security council resolutions
(Strathmore University, 2020-11)In assessing the Persian Gulf War in terms of ius ad bellum and the jus cogens norms, the implied authorisation provided by the UN Security Council resolutions exhibits considerable ambiguity in its role as a peacekeeper ... -
Legislating over the dead: revisiting the s. M. Otieno case
(Strathmore University, 2020-11)Death is the end of life. More than this, however, it is (especially in Africa) a rite of passage. Unfortunately, in spite of its significance in the African context, it remains to be (at least in Kenya) a matter that ... -
Legislating ‘coercive control’ in Kenya: A study of the protection against domestic violence act
(Strathmore University, 2021)Coercive control is a recognised form of domestic violence in Britain, Ireland and Scotland. It denotes the sequence of controlling and intimidating conduct within a domestic relationship. This dissertation seeks to ... -
The legitimacy of the unilateral use of force against non state actors and the transformation of the law of self defence
(Strathmore University, 2020)Over the past decades the UN Charter regime has been readjusted and bent to permit forcible responses to terrorism in more lenient conditions. The right to self-defense against non-state actors has increasingly been invoked ... -
Lifting the translucent Veil: The erroneous implementation of article 56 on Kenyan Somalis
(Strathmore University, 2020)Article 56 of the Constitution of Kenya dictates that the state is mandated to ensure protection of the rights of minorities and marginalised groups. This provision aims to align the social, political and economic factors ... -
Mediation and the resolution of private misdemeanors in Kenya
(Strathmore University, 2020-11)The purpose of this study is to assess whether mediation can be applied in the resolution of misdemeanors in Kenya. The misdemeanors discussed in this study, are specifically in relation to that of a private nature, that ... -
Minor-to-minor sexual consent in Kenya An analysis of the set precedent
(Strathmore University, 2020)Rising incidents of consensual sex between minors has been an area of concern in Kenya being a disputable issue until 2014 when the High court in Eldoret set a precedent in CKW v. Attorney General and Another.1Initially, ... -
Moving Kenya towards blood sufficiency: re- interpretation of ‘non-remunerated donors’ as provided in section 85 of the health act.
(Strathmore University, 2020-11)In August 2019, the chairman of the Committee of Blood Donation and Transfusion Stakeholders (CBDTS) stated that Kenya had only two weeks supply of blood bags for collection and transfusion of blood in the stores of the ... -
Moving towards a paradigm of corporate criminal responsibility for corporate manslaughter
(Strathmore University, 2021)Corporations in Kenya have progressively been seen to commit wrongdoings to the detriment of the overall population or to specific individuals. Due to the fact that Kenyan jurisprudence is not sufficiently developed ... -
The necessity and parameters of indirect intervention under the principle of non-intervention
(Strathmore University, 2020-11)Despite the United Nations Charter prohibiting states from indirectly intervening “in matters that are in essence within the jurisdiction of a state”, under the principle of non-intervention, in practice, this is rarely ...