SLS Projects, Theses and Dissertations
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The Pertinence of restorative justice in Kenya’s penal laws
(Strathmore University, 2018)Restorative justice processes are key in the achievement of criminal justice. Their aim is to involve victims and community members more intimately in repairing the harm done by criminal offenders while maintaining social ... -
Redefining the substantive and procedural protections of Most Favoured Nation clauses in Bilateral Investment Treaties (BITs)
(Strathmore University, 2018)The MFN Clause has been subject to a change in interpretation an application following a series of cases arising from the both courts and tribunals. This study evaluates the history of the MFN Clause and contrasts it to ... -
A Study of inequalities emerging from the 2007 employment laws
(Strathmore University, 2018)The new Kenyan labour laws are constantly frustrating Kenyan employers as they continue grappling with negative effects of implementing the laws. 1 While this is seen as an advantage to employees who, almost always, have ... -
Access to and benefit sharing of genetic resources in Kenya
(Strathmore University, 2018)Access to and benefit sharing of genetic resources, which are defined as including microorganisms, plant and animal material including indigenous seeds, genetic plant varieties and traditional animal breeds that contain ... -
Assessing the effectiveness of custodial sentence in Kenya
(Strathmore University, 2018)The issue of effectiveness of custodial sentence in Kenya is one that needs to be analyzed especially since imprisonment is expected to be used as a means of rehabilitating offenders and in the end, reduce the crime problem ... -
An Analysis of the legal rights of intersex people in Kenya
(Strathmore University, 2018)According to the proponents of the natural law school of thought, human rights exist as result of higher law than that made by man. There are certain moral norms that bind us as rational beings regardless of where a person ... -
Kenya’s duty to ensure implementation of Article 26(4) in enhancing the right to reproductive health
(Strathmore University, 2018)The Constitution of Kenya (2010) established an entitlement to therapeutic abortions under article 26(4) following advocacy by women 's and international human rights groups that the strict rules regarding abortion in the ... -
An Analysis of denial of women's rights, with regard to access of matrimonial property in Kenya
(Strathmore University, 2018)Since time immemorial, there has been an imbalance in women's and men's rights with regard to division of matrimonial property in Kenya. This study delves into the protection of women's rights to matrimonial property upon ... -
The Right to a fair trial in sports arbitration
(Strathmore University, 2018)The research centers on the alternate dispute resolution method of sports arbitration and specifically, the right to a fair trial within this dispensation. Being as the topic a right to a fair trial is a broad one, emphasis ... -
Rethinking abortion in Kenya: a reproductive health right for victims of rape and sexual abuse
(Strathmore University, 2018)In Kenya today, abortion is and has always been considered as an emotive and sensitive matter. The public is tom between being pro-choice and prolife. The pro-life advocating for the unborn children while the pro-choice ... -
The Effect of immunity on the accountability of UN peacekeeping military personnel: a case study of MONUSCO and MINUSCA.
(Strathmore University, 2018)This paper attempts to dissect the effect of the immunity granted to MINUSCA and MONUSCO peacekeeping military personnel on their accountability (or lack thereof) for the abuse of civilians contrary to their duty to protect ... -
Challenges faced by the current Kenyan tax law in dealing with electronic commerce
(Strathmore University, 2018)The internet has greatly revolutionized the traditional physical modes of conducting business to the current use of electronic devices either partially or wholly to conduct businesses. Many sectors of the Kenyan economy ... -
Questioning the place of retributive justice in mandatory minimums using rape in Kenya as a case study
(Strathmore University, 2018)Retributive justice has been used as the justification for the punishment of crimes for a long time. However, it has .had little effect in ensuring that offenders are discouraged from committing crimes and therefore, there ... -
Right to privacy in the wake of mobile money transfers in Kenya: is the data protection bill a step in the right direction?
(Strathmore University, 2018)Mobile Money Transfer has, in just a little over ten years, transformed the lives of millions of Kenyans in addition to greatly improving the economy of the county. Mobile money penetration in Kenya currently stands at 68% ... -
The Impact of media coverage of criminal trials on the impartiality of the courts
(Strathmore University, 2018)Court impartiality is a fundamental right that is accorded to accused persons. This right is in pursuit of a broader right of fair hearing which is recognized both internationally and nationally. Various factors contribute ... -
Compulsory acquisition and the right to property: the gaps in the legal framework, practices and possible solutions
(Strathmore University, 2018)Compulsory acquisition of land has to be carried out m a manner that strikes a balance between private and public interests without arbitrarily infringing on individual or community rights to property. In order to achieve ... -
A Case for the abolition of the death penalty
(Strathmore University, 2018)Kenya has had the death penalty through 70 years of colonization and 54 years of independence. The punishment is handed down to capital offenders and although no one has ever been hanged in Kenya since 1982 the number of ... -
The Case for structural interdicts in the protection and fulfillment of socio-economic rights in Kenya
(Strathmore University, 2018)In 2010, Kenya promulgated a new constitution that bore all the hallmarks of progress and which is widely considered transformative. One stark example of this was the unprecedented inclusion of Socio - Economic Rights under ... -
An Analysis of the status of cohabitants in Kenya law and the challenges they face
(Strathmore University, 2018)The Marriage Act1 does not provide for cohabitation as a legal union m Kenya. It only recognizes Customary, Hindu, Islamic, Christian and Civil marriages.2 The Marriage Act does however provide a definition for the word ... -
An Analysis of epistolary jurisdiction as a viable means of access to justice for Kenyans
(Strathmore University, 2018)Access to justice consists of the dispute resolution mechanisms which are affordable, within reach and ensure justice without undue delay and whose processes and procedures are understood by anyone seeking redress from the ...
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