Browsing SLR - Volume 1, Number 1, January 2016 by Subject "Law"
Now showing items 1-10 of 11
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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, ... -
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 ... -
Implementation remains the achilles heel of the African Union: a study of the African Peer-Review Mechanism (APRM)
(Strathmore University Press, 2016-01)The potential power of Africa is undisputed. The continent is home to a large, young population and is a potential economic powerhouse in the world. In order to realise its full potential, the African Union (AU) must ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ...
