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SU Books+ [3]
Full-text of open-access books and abstracts of copyrighted books by the Strathmore Law School and affiliate centres -
SU Journals+ [22]
Full-text of open-access journals and abstracts of copyrighted content by the Strathmore Unviersity & affiliate centres
Recent Submissions
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The Common Law, Judges' Law
(Strathmore University Press, 2014)Setting out from a background of scholarship evolved over a period of decades, I joined the High Court Bench in October 2003, with the enthusiasm to match the law as learnt, to the reality of dispute settlement. First ... -
Ours by right
(Strathmore University Press, 2013)This is a pioneering study on a critical, yet infinitely complex subject, in the setting of legal and constitutional rights in an African country: the subject of property rights. If the property-rights label appears ... -
International Criminal Justice in Africa
(Strathmore University Press, 2016)This book contains a collection of papers by members of the Konrad Adenauer Stiftung’s African Group of Experts on International Criminal Justice. The book is the third of its kind1 and follows in the footsteps of its ... -
Book Review - The Constitution of Kenya, 2010 - An introductory commentary
(Strathmore University Press, 2015-06)Lumumba and Franceschi’s The Constitution of Kenya, 2010: An Introductory Commentary is an indispensable handbook for readers striving for an exhaustive mastery of Kenya’s Constitution, and anyone wishing for a quick ... -
Foreward - Strathmore Law Journal
(Strathmore University Press, 2015-06)Excellence in legal education is hinged upon appropriate infrastructural systems that support innovative learning, critical thinking and groundbreaking research, always within the context of a tireless search for truth and ... -
Editorial - Strathmore Law Journal
(Strathmore University Press, 2015-06)Users of academic research outputs will easily agree with me that compared to our Western counterparts, very little has been published on African law and the law in Africa North of River Limpopo. Researchers enquiring into ... -
The wretched african traditionalists in Kenya - The challenges and prospects of customary law in the new constitutional era
(Strathmore University Press, 2015-06)The modern African judge will be the first to acknowledge that, in many senses, the problems faced by British judges in colonial Africa have not vanished. Almost one hundred percent of the African judiciary is now African. ... -
The security council and the International Criminal Court - when can the security council defer a case?
(Strathmore University Press, 2015-06)This paper discusses the deferral power of the Security Council under Article 16 of the Rome Statute. It analyses the drafting history, provision and practice of Article 16 with a view to identifying the requirements that ... -
Developing an efficient and effective Social Security Adjudication Framework in South Africa - the role and impact of International Standards
(Strathmore University Press, 2015-06)South Africa is currently developing an overarching policy framework for efficient and effective resolution of social security disputes as part of reforms towards the establishment of a comprehensive social security system. ... -
Towards a new justificatory theory of Comparative Constitutional Law
(Strathmore University Press, 2015-06)This paper tries to explain what comparative constitutional law is and takes the US legal practice as an example. The presence of comparative analysis is considered both in the academic arena and in the case law of the US ... -
A perspective on the doctrine of the separation of powers based on the response to court orders in Kenya
(Strathmore University Press, 2016-01)The Constitution of Kenya provides that the sovereign power of the people shall be vested in the executive, the legislature and the judiciary, reflecting the democratic ideal that if power is concentrated in the hands ... -
Terrorism as a form of imperialism : a case for the rule of law
(Strathmore University Press, 2016-01)The war on terror is indeed justified. Terror attacks have resulted in the deaths of many innocent people around the world. Every nation in fact has a duty to protect her citizens from terror attacks and put up measures ... -
The legitimacy of indigenous intellectual property rights’ claims
(Strathmore University Press, 2016-01)The notions of indigenous peoples, indigenous knowledge, and heritage and culture have acquired wide usage in international debates on sustainable development and intellectual property protection since the turn of the ... -
Application of African customary law: tracing its degradation and analysing the challenges it confronts
(Strathmore University Press, 2016-01)Historically, African customary law has occupied the lower rungs of the legal ladder, often being set aside for more formal laws. This is primarily due to the introduction of western and religious legal systems through ... -
Fragmentation in a bid to defragment : decentralisation as a solution to the challenge of inclusion in the Kenyan context
(Strathmore University Press, 2016-01)Fragmentation is a practical tool suggested in this paper to bring about societal inclusion. Indeed, this is not a novel idea. Kenya has joined the league of practitioners of decentralisation, a system of governance that ... -
Analysing the future of international criminal justice in Africa: a focus on the ICC
(Strathmore University Press, 2016-01)The International Criminal Court has generally a bad reputation in the African continent as a whole with hostile assertions by the African Union, that the court is nothing but a political tool for the powerful. The Court, ... -
The justiciability of the right to development in Ghana : mirage or possibility?
(Strathmore University Press, 2016-01)An analysis of the debate on the right to development (RTD) suggests that the right is pursued as a solution to solve the problems of poverty and underdevelopment. Thus, this study seeks to determine if at the national ... -
Public pressure, temptation of power and unconstitutional actions in the war against terrorism in Kenya: suggesting a link
(Strathmore University Press, 2016-01)The reaction of the government in Kenya, like many other governments around the world, to terrorist attacks has generally been to strengthen existing laws and enact novel laws, especially those that aid the state’s ... -
Transitional justice as a path to distributive justice: a jurisprudential and legal case for land restitution in Kenya
(Strathmore University Press, 2016-01)Rawls’ theory of distributive justice may serve as a useful model in conceptualizing a model of the ideal political economy – one that seeks to keep inequalities that have come about as a result of natural accident to a ... -
The wretched African traditionalists in Kenya : the challenges and prospects of customary law in the new constitutional era
(Strathmore University Press, 2016-01)The modern African judge will be the first to acknowledge that, in many senses, the problems faced by British judges in colonial Africa have not vanished. Almost one hundred percent of the African judiciary is now African. ...