Browsing LLB Research Projects (2021) by Title
Now showing items 60-79 of 100
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On the Interplay between Stabilization Clauses and Sustainable Development: The Case of Tullow Oil plc in Turkana
(Strathmore University, 2021-03)Prior to exploration activities by Tullow Oil plc in Kenya, several Production Sharing Contracts (PSC’s) were signed between the Government of Kenya and the multinational corporation over exploration activities in Turkana ... -
Online defamation: Balancing reputational harm and the freedom of expression and the media
(Strathmore University, 2021)Legal remedies for reputational injury have come a long way since the slicing of one’s tongue. Reputational damage finds in the law a single refuge: Defamation. Black’s Law Dictionary defines defamation as ‘the offense ... -
Online music infringement v copyright law: effectiveness of the Law on notice and takedown procedure by internet service Providers in Kenya.
(Strathmore University, 2021-03)Development in technology has led to an increase in online infringement, specifically in the music industry, by a rate of 98% by the year of 2013. Kenyan Legislators have made effort to deal with this matter through the ... -
Opening a pandora’s box in investment arbitration: Redefining the murky boundaries of compensable indirect expropriation and non-compensable regulation
(Strathmore University, 2021)The concept of expropriation has developed over the years to include not only the outright taking, but also regulations whose effect is tantamount to expropriation. This is referred to as indirect expropriation. As a result ... -
Outsourcing obligations: an analysis of the principle of non- refoulement with regard to the privatized pushbacks
(Strathmore University, 2021-03)‘If someone escapes hell how can you grab them back and take them back to hell?’ -Bemba 1 This quote summarizes the plight of several refugees that are being forcefully returned to Libya on commercial ships. These forceful ... -
Payment of Royalties for Musical Works in Kenya
(Strathmore University, 2021-03)Since time immemorial, music has been viewed in the African community and as a pass time activity and not as a career. Due to this conservative belief, those who aim and pursue music as a career in this day and age have a ... -
The pivot point of sexual offences: Issue of consent in rape cases.
(Strathmore University, 2021)Rape as per the legislation is defined as any act of sexual intercourse that is forced upon a person. It can be done against an adult or a child (defilement). Rape has been closely associated and even sometimes used in ... -
The Place of Customary Law in the Hierarchy of Legal Norms in Kenya
(Strathmore University, 2021-03)The 2010 Kenyan Constitution, unlike the independence Constitution, endorses the significance of customary law and provides for its application within the legal system. The operative integration of customary law is provided ... -
A possible tax haven in Kenya: an analysis of the Nairobi international financial center act and its implication on base erosion and profit shifting
(Strathmore University, 2021-03)African states are moving towards finding mediums to facilitate domestic resource mobilization in a bid to finance their development and stop relying on foreign aid. In light of this, Kenya intends to establish an International ... -
The potential role or lack therof of public participation in the formation of the nairobi metropolitan service
(Strathmore University, 2021-03)With the 2010 Constitution of Kenya having completed its first decade, some of the boldest features include public participation. With democracy and devolution at the fore front, this has enabled the government to provide ... -
Practicality of Universal Health Coverage in Enforcing the Right to Emergency Medical Treatment Final Draft
(Strathmore University, 2021)Achieving universal health coverage is no mean feat. This study delves into the importance of delivering universal health coverage when it relates to access to emergency medical treatment. It aims to investigate the role ... -
A prejudiced citizenship
(Strathmore University, 2021)Before the enactment of section 8(1)(A) of the Registrations of Persons Act in 2014, vetting of specified communities was a common practice done. This practice now given power under statute was supposed to be agreeing for ... -
PRENUPTIAL AGREEMENTS: NON- DISCLOSURE AS A DEFICIENCY TO FAIR DISTRIBUTION OF MATRIMONIAL PROPERTY IN KENYA
(Strathmore University, 2021-03)The Matrimonial Property Act entered into force in 2013 in the jurisdiction of Kenya. One of the salient features of the Matrimonial Property Act is the recognition of prenuptial agreements pursuant to Section 6 (3). This ... -
Protecting cohabitees’ right to property within the cohabitation union in Kenya
(Strathmore University, 2021-01)As time goes by social trends arise. These social trends often affect the people of a nation thus they call for the development of laws. Cohabitation is a social trend defined as a union between a man and a woman who live ... -
Protecting environmental justice in light of developmental agendas: the case of laps set Lamu port.
(Strathmore University, 2021-03)Kenya has widely publicized its development agenda and it has been at the forefront of political campaigns under the auspices of projects such as Vision 2030. One of the biggest development projects that the state has ... -
Protecting the depositors: a case for a sui generis bank insolvency regime
(Strathmore University, 2021-01)The potential collapse of Spire Bank in Kenya gives rise to questions of bank insolvency and the potential of reviving failed banks. Over the years research has shown that several banks in Kenya have failed due to various ... -
The Protection of dependent self-employed workers against sexual harassment within the work place under labour laws in Kenya
(Strathmore University, 2021)The world of work as we know it today is constantly evolving majorly due to the ever-expanding service sector. The moribund traditional employment structures that had once informed the backdrop of labour legislation can ... -
Public participation in Kenya: a study on the effectiveness of citizen participation in constitution amendments by popular initiative
(Strathmore University, 2021-01)Public participation is so fundamental that it is core among the national values and principles of governance, meaning it is binding upon all state organs, state officers, public officers. Key among the areas of applying ... -
Recognition of the rights of unaccompanied children seeking asylum in Kenya
(Strathmore University, 2021-01)This is a study on unaccompanied children who are seeking asylum in host countries. This study shows how the current statutes are insufficient in addressing and recognizing unaccompanied asylum-seeking children. This study ... -
Regulation of digital currencies in Kenya: an analysis on the recognition of cryptocurrencies
(Strathmore University, 2021-03)Cryptocurrency is a representation of value 1 that exists on a digital platform and is transmitted through computer systems. It can serve the traditional uses of money. That is, it can be used as a means of exchange. It ...