Browsing LLB Research Projects (2018) by Title
Now showing items 58-77 of 94
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The Lack of autonomy and independence of the sports tribunal in Kenya in comparison to the Courts Arbitration for Sports (CAS)
(Strathmore University, 2018)The problem that arises from the fact that the current position of the SDT in Kenya is a paradox. In forming the SDT as a mandate of the Judiciary Service Commission, it made the Disputes Tribunal part of the Judiciary. ... -
The Lacuna between the principle of non-refoulement and its interpretation in the courts and the states
(Strathmore University, 2018)The main aim of this research is to look into the principle of non refoulement and how it's interpreted by both courts and states so as to find out whether there is a lacuna that exists. The objectives of the study were: ... -
The Legal protection and commercial appropriation of personality rights of sports persons in Kenya
(Strathmore University, 2018)Not only does the current legal framework in Kenya fail to provide for personality rights of sports persons but also courts have not set any precedence in regards to the commercial appropriation of these rights. Personality ... -
Legal recognition of style as an expressive right under the Kenyan constitution
(Strathmore University, 2018)The main objective of this research project is to show that style is an artistic right whose freedom of expression should be protected by the law. This research is based on various sources of information such as; study of ... -
Minors, sex and the law: rethinking the regulation of consensual sex between minors in Kenya
(Strathmore University, 2018)According to the Sexual Offences Act of Kenya (2006), minors cannot consent to sex. Any act of sex with a minor is deemed defilement, a strict liability offence, punishable by law. This provision in law was aimed at ... -
Non-refoulement: commentary on the proposed closure of Dadaab refugee camps
(Strathmore University, 2018)Kenya has been hosting refugees since the 1960s with their population at the time being less than 5,000. Since then the number of refugees in the country has grown with Dadaab refugee camp being among the largest in the ... -
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 ... -
Promoting restorative practices and child friendly justice for children in conflict with the law: the Kenyan context
(Strathmore University, 2018)The core objective of this study is to propose the adoption of restorative justice as a complementary mechanism of dealing with juvenile offenders in Kenya. This paper hypothesizes that high rates of recidivism and juvenile ... -
Property rights beyond property limits: an analysis of the right to unobstructed view in Kenya.
(Strathmore University, 2018)Land use planning regulations in developing countries often fail to achieve greater efficiency and equity in the use of urban land. As a result, plans often bear little or no relation to the people's needs and wishes and ... -
Property rights in cohabitation unions in Kenya
(Strathmore University, 2018)Change is one thing in life that is inevitable. One of the changes the world has experienced in the late 20th century and early 2151 century is the emergence of the cohabitation institution. The Kenyan Marriage Act takes ... -
Property rights versus public right: a study on the relationship between compulsory licensing of patents and the eminent domain doctrine in Kenya
(Strathmore University, 2018)Compulsory Licensing of Patents plays a significant role within Intellectual Property Law (IP Law) as a safeguard assuring public interest against the monopoly that patents grant owners. The effect of the exercise of the ... -
Protection of surrogate mothers against exploitation of their reproductive organs in Kenya
(Strathmore University, 2018)Surrogacy motherhood, an arrangement involving one woman gestating a baby to be raised by another, is still a relatively 'new' technology in Kenya seeing as the first surrogate birth in Kenya happened in August 2007. Indeed, ... -
Questioning the Judicial Service Commission’s role in curbing corruption amongst judicial officers
(Strathmore University, 2018)Although it is true that corruption would negatively affect any organ, its effect on the judicial system cannot be overemphasized. This is due to the fact that the judiciary serves as a bulwark to the public against any ... -
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 ... -
The Recognition of indigenous people's land rights in Kenya and the failures’ in the enforcement
(Strathmore University, 2018)For many years’ indigenous land rights were yet to be recognized and catered for in law. Indigenous communities have faced repeated violations on their collective right to own property in particular, the right to access ... -
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 ... -
The Regulation of digital credit in Kenya - The Case for consumer protection
(Strathmore University, 2018)This dissertation seeks to makes a case for consumer protection for digital credit. Digital credit is a form of lending of short term loans while leveraging digital infrastructure. Digital credit is automatic and easily ... -
Regulatory challenges of banc-assurance: a comparative analysis between Kenya, India and south Africa
(Strathmore University, 2018)The provision of insurance and banking products and services through a common distribution channel or to a common client base is referred to as banc assurance. Today the situation has totally changed wherein each and every ... -
Regulatory framework of micro and small enterprises in the informal sector in Kenya: a critical analysis
(Strathmore University, 2018)The enactment of the Micro and Small Enterprises Act in 2012 in Kenya was a major step forward in the regulation of Micro and Small Enterprises, and especially those in the informal sector. The Act provides for registration ... -
The Regulatory power of taxes - taxing to control betting in Kenya
(Strathmore University, 2018)The activity of sports betting in Kenya has been on a steady rise despite efforts by the government to tame its prevalence. Ever since the first online sp01is betting company started business in Kenya, there has been an ...
