Browsing LLB Research Projects (2021) by Title
Now showing items 13-32 of 100
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Children’s digital human rights: Another glitch in the code
(Strathmore University, 2021)This research study, guided by scholarly articles, institutional reports, and relevant legal instruments, sought to understand what constitute digital human rights and uncover whether children possess these rights. An ... -
Climate refugees or climate migrants? Legal protection for climate induced migrants
(Strathmore University, 2021-03)“I hear the waves on our island shore, they sound much louder than they did before. A rising swell flecked with foam, threatens the existence of our island home. A strong wind blows in from a distant place, the palm trees ... -
A close look at legal transplantation: it’s effect on Kenyan customary marriages
(Strathmore University, 2021-03)Legal transplantation has had a great effect on the application of law in Kenya. The elevation and superimposition of foreign laws degraded the place of African customary law. The purpose of this study is to analyze and ... -
The Codification of Artificial Reproduction.
(Strathmore University, 2021-03)Procreation in Africa is held with high esteem. Infertility therefore results to a great deal of humiliation, ridicule and in a worst-case scenario, physical and or emotional abuse. Surrogacy resultantly, is not a new ... -
Confidentiality and transparency in international arbitration: finding the right balance
(Strathmore University, 2021-01)Confidentiality and Transparency are both cardinal principles of International Arbitration. They are both vital aspects that are required in order to ensure the procedural integrity of the arbitral process is upheld. ... -
The consent model under the data protection act; Introducing complimentary provisions to enhance protection
(Strathmore University, 2021)Individual data is a valuable commodity. The world of today places great importance on the information derived from persons all over the globe. That data is one with the individual and thus should be accorded the proper ... -
Corporate governance principles: a solution to poor administration in national sports organizations
(Strathmore University, 2021)The purpose of this study is to analyse the incorporation and implementation of corporate governance principles as a viable solution towards curbing of the emerging instances of poor management and administration by national ... -
A critical analysis of the right to counsel as a means to a fair trial for the unrepresented accused in Kenya
(Strathmore University, 2021-03)Right to counsel is a fundamental right in ensuring a fair trial for the accused. In the adversarial legal system, an unrepresented accused is already at a disadvantage in conducting his case as compared to the prosecutor ... -
A critical appraisal of Chagos Advisory Opinion rendered by the International Court of Justice
(Strathmore University, 2021-03)The concepts of equal sovereignty and territorial integrity have formed the bedrock of delegitimizing imperial rule. Despite some success of the decolonization movement, colonial rule endures in territories such as the ... -
Cryptocurrencies effects on monetary sovereignty: Advancing a Case for their regulation
(Strathmore University, 2021)Cryptocurrencies are a form of virtual currencies that are enabled by cryptography and is supported by a technology known as Blockchain. The first form of cryptocurrency, the Bitcoin was introduced in the year 2008 by the ... -
Degendering domestic violence to enhance implementation of the protection against domestic violence act in Kenya
(Strathmore University, 2021-03)Domestic violence is violence against a person, or threat of violence or of imminent danger to a person, by any other person with whom a person is, or has been in a domestic relationship. Domestic violence based on socially ... -
The detrimental effects of invoking Moral Clauses as sufficient ground for the termination of celebrity or talent endorsements
(Strathmore University, 2021-01)The dissertation is a study of how the enforcement of moral clauses in endorsement contracts has led to the violation of the right to freedom of expression and privacy rights. For the last century, the inclusion of moral ... -
A discourse on the non-application of the training compensation system to female footballers and its ramifications
(Strathmore University, 2021)Compared to previous centuries in which female footballers faced disparaging discrimination, the 21st Century is considered as a time of progress when it comes to gender equality. It is, however, worrying that article 20 ... -
Doping in athletics A critical analysis on the right to a fair hearing of an accused athlete
(Strathmore University, 2021)Most, if not all sports are governed by a regulatory framework. However, it is the efficacy of these frameworks that ensure fair and just enjoyment of the sport. There are a number of claims that have risen in athletics ... -
The Effect of transformative constitutionalism on constitutional interpretation in Kenya An Analysis of presidential election petitions
(Strathmore University, 2021)Kenya’s history of rampant constitutional abuse is well documented. During this period of abuse, as Professor Githu Muigai demonstrates, Kenyans could not look towards the courts as the jurisprudence emanating from them ... -
Efficacy of investigative laws in Kenya: the case of the directorate of criminal investigations
(Strathmore University, 2021-03)Reports from Kenyan courts show an increasing number of acquittals due to poor and/or lack of evidence. This is the situation in Kenya despite the establishment of the Directorate of Criminal Investigations(DCI) that has ... -
Election campaign financing in Kenya: addressing financing from proceeds of corruption through transparency in disclosures
(Strathmore University, 2021-03)Political financing regulation is legally recognised in Kenya. Furthermore, with the passing of the Election Campaign Financing Act, it is expected that this would discourage money from corrupt sources being used to fund ... -
The ethical nature of legal obligation: In search of a basis for interpreting article 259(1) of the constitution of Kenya, 2010
(Strathmore University, 2021)Constitutional interpretation in Kenya is crucial for the Constitution of Kenya, 2010, to improve the lives of Kenyans as desired, so much so Article 259(1) prescribes a definite approach of interpretation. This provision ... -
The Evaluation of the executive considering the achievement of transformative constitutionalism in Kenya
(Strathmore University, 2021)This paper is a study of the concept of transformative constitutionalism; an idea developed by the American scholar Karl Klare with the basis of his study in South Africa. This study will engage with various scholars on ... -
An evaluation of the human rights jurisdictional overlap in the East African region
(Strathmore University, 2021)Even though the EACJ has no explicit human rights jurisdiction, a creative interpretation of the EAC Treaty has enabled EACJ judges to hear matters involving human rights. This has led to the creation of an overlap in the ...