Browsing LLB Research Projects (2021) by Title
Now showing items 27-46 of 100
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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 ... -
An Examination of Gender-Based Discrimination against Women in the Kenyan Workplace in Light of Section 5 of the Employment Act, 2007
(Strathmore University, 2021)The fight against Gender Based Discrimination against women in the Kenyan workplace can be traced as far back as the years subsequent to attaining independence. During this period,the Kenyan Government, through the ... -
An examination of the Kenyan regulatory framework in promoting tbtf in relation to bank mergers
(Strathmore University, 2021-03)Kenya’s banking industry has witnessed a surge in mergers over the past decade as globalization continues to soar. The appetite for growth by financial institutions is expected to rise due to positive trade environment ... -
An examination of the Kenyan regulatory framework in promoting too big to fail in relation to mergers in the banking sector
(Strathmore University, 2021-01)Kenya’s banking industry has witnessed a surge in mergers over the past decade as globalization continues to soar. The appetite for growth by financial institutions is expected to rise due to positive trade environment ... -
Examining the role of human rights in enhancing corporate governance in private sector corporations in Kenya
(Strathmore University, 2021-01)Corporations were viewed as property institutions whose main mandate was to make profits and maximize shareholder value. The separate legal personality of corporations meant that corporations could engage in business ... -
Examining women’s access to justice when using traditional dispute resolution mechanisms to secure their land rights in Kenya
(Strathmore University, 2021-03)The crux of the study was to assess the effectiveness of traditional dispute mechanisms (hereinafter, TDRMs) in facilitating women’s access to justice when securing their land rights in land disputes. The objectives were ... -
Extent of administrative discretion of the judicial service commission on the right to be heard during removal of judges. What happens when the grounds for removal aren’t met?
(Strathmore University, 2021)A decade back, Kenya promulgated a new Constitution which has been termed as transformative. One of the salient features was the judicial independence that it introduced, an example being the formation of the Judicial ... -
The fight against money laundering vs legal professional privilege in Kenya’s anti-money laundering regime: the need to designate legal practitioners as reporting entities
(Strathmore University, 2021-03)The term “money laundering” has widely been defined as the process by which the illegitimate source of large amounts of money is disguised in order to legitimize the proceeds of crime.1 This means that large amounts of ... -
Freedom of expression in the music industry: Do the limitations make it non -existent?
(Strathmore University, 2021)The music industry is one of the most dominant industries with a lot of individuals involved. The freedom of expression is fundamental to the proper and effectively. Musicians have used their platforms and crafts to ... -
The gender principle and an appraisal of institutions’ obligations towards its attainment in Kenya’s parliament
(Strathmore University, 2021)The research is based on the 2:1 gender ratio imposed on the August House by Article 81(b).This is the Constitution’s historically motivated assertion of its aspiration enshrined in its Article 27(8) of not more than ... -
Gendered genocide: the Rome statute’s failure in recognising the inextricable role of rape and gender in genocide
(Strathmore University, 2021)The Rohingya crisis in Myanmar, ISIS, Boko-Haram in Nigeria, South Sudan: these are just a few potentially genocidal, contemporary conflicts – in which rape seems to have predominantly taken root. Unfortunately, the genocide ... -
Generational statelessness and rights A case of children from the Nubian community in Kenya
(Strathmore University, 2021)Statelessness leaves individuals in vulnerable situations, it is primarily associated with lack of having ties to a country or in other words lack of nationality. Where certain individuals lack nationality, they fall victim ... -
Homosexuality in an African concept; a study into the decriminalization of homosexuality in Kenya
(Strathmore University, 2021-03)The paper brings to light the notion that Kenya’s anti-sodomy laws are unconstitutional and incompatible with international human rights instruments. In relation, the paper looks at the constitutional approach to ... -
Implementation of the two thirds gender rule in the Kenyan parliament
(Strathmore University, 2021)The purpose of this paper is to analyse the two-thirds gender rule in Kenya and to determine whether there are sufficient mechanisms to implement it. This will be done through a specific look at women in parliament. The ... -
“In the public interest”: an introspection into the compulsory acquisition and the right to property
(Strathmore University, 2021)There are various laws in Kenya that govern compulsory acquisition powers of the State, mainly the Constitution, the Land Act and the Land Acquisition Act. Despite these various provisions provided by the legal instruments ...