Browsing LLB Research Projects (2018) by Title
Now showing items 36-55 of 94
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A Critique on prosecutorial independence in Kenya: the Office of the Director of Public Prosecutions and its effects on the attainment of the rule of law
(Strathmore University, 2018)A Critique on prosecutorial independence in Kenya: the Office of the Director of Public Prosecutions and its effects on the attainment of the rule of law Prosecution is a key role within the criminal justice system. In ... -
Customary law and the protection of traditional cultural expressions in Kenya
(Strathmore University, 2018)Kenya is a culturally diverse country, rich in tradition and culture. Communities, as a product of their creativity have a vast collection of Traditional Cultural Expression or Expressions of Folklore. These expressions ... -
Cyberwarfare regulation - A Liability and jurisdiction disquisition
(Strathmore University, 2018)This dissertation addresses cyberwarfare regulation through the lens of liability and jurisdiction, seeking to address its three objectives: an analysis of the legal framework regulating cyberwarfare in international law; ... -
The Desirability of the derogation clause in International Human Rights Law and the Africa Charter on human and peoples' rights
(Strathmore University, 2018)Human rights are protected under international human rights law. In exceptional cases, such as a concern of the community of nations, states are allowed to temporarily suspend from some of their treaty obligations. Such ... -
Discharge of industrial effluents in Kenya: adequecy and implementation of the laws
(Strathmore University, 2018)Water is an essential resource in ensuring the survival of man and is required for different activities and this includes industrial activities. However, most industrial activities in Kenya are one of the major contributors ... -
The Distinction between exploitative and non-exploitative underage sex and its effect on the scope of strict liability under section 8 of the sexual offences act
(Strathmore University, 2018)Section 8 of the Sexual Offences Act of Kenya was passed in 2006 with a view to protect minors from sexual abuse and exploitation. Under this law, consensual sex between minors is also criminalized because the law seeks ... -
Due regard versus undue regard to procedural technicalities: the civil procedural tug-of-war
(Strathmore University, 2018)In as much as the undue regard principle now finds anchoring in the Constitution, it is unclear what this guiding principle fully entails. This is evinced by the fact that there exists neither rules nor judicial pronouncements ... -
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 ... -
The Efficacy of legal transplantation in Kenya: an analysis based on the Insolvency ACT, 2015 and the Companies ACT, 2015
(Strathmore University, 2018)Legal transplantation has become a worldwide phenomenon and with its continued use in various jurisdictions for many years, it has continued to be preferred by many legal drafters both in Kenya and beyond. The aim of this ... -
Epistolary jurisdiction as a means of enhancing access to justice in Kenya
(Strathmore University, 2018)The right of access to justice is a fundamental right provided for under any Bill of Rights. It establishes the right of any individual to move to a court or any judicial tribunal in order to enforce or protect rights and ... -
Euthansia & personal autonomy rights for the terminally ill
(Strathmore University, 2018)The objective of this dissertation is to determine the rights of the terminally ill with respect to euthanasia. There are currently no laws which provide for the terminally ill, leaving them to suffer in silence. This ... -
An Evaluation of the efficacy of the the current land laws in resolving public land grabbing in Kenya
(Strathmore University, 2018)Public land grabbing in Kenya traces its roots to the post-colonial era when the government of Kenya began buying back Kenyan land from the colonialists so as to settle the landless natives. However, this process was marred ... -
Habeas corpus as an effective remedy to enforced disappearance with respect to the Mariam & Hemed cases
(Strathmore University, 2018)Confinement of persons, by secretly hurrying them to a Gaol, where there sufferings are unknown should be a thing of the past, given the status of Habeas corpus as a non-limitable right under Article 25 of the Constitution ... -
The imp act of the use of implied trusts arising out of customary law rights in land disputes and its effect on the administration of justice
(Strathmore University, 2018)This project demonstrates the impact that the use of implied trusts has on the rights of land owners under the Kenyan land laws. It attempts to shows a trend in the use of implied trusts in land related issues using various ... -
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 ... -
Impediment to Refugee Status Determination in Kenya with specific reference to the right of Access To Information and Fair Administrative Action
(Strathmore University, 2018)Refugee and asylum seekers ' processing in host countries has been approached differently in different countries. Some countries are welcoming while others close their borders and/or deport them. This study aims to investigate ... -
Inadequacy of the current land laws to address the problem of land grabbing in Kenya
(Strathmore University, 2018)Land grabbing has been a problem in Kenya since the colonial period. Successive governments have not been able to deal with this problem. The current land laws were enacted in order to deal with various land issues including ... -
Incorporating public policy in investor - state arbitration - A Case study of Africa and Kenya
(Strathmore University, 2018)Investor-state arbitration has been criticized as a tool for neo-colonial domination. Developing states have decried investment arbitration for encroaching on their sovereign duty to pursue sustainable development objectives ... -
Informing the Malabo Protocol Crime of Human Trafficking by determining the meaning of 'appropriate and effective measures' under Article 4(2)(g) of the Maputo Protocol
(Strathmore University, 2018)Human trafficking is defined as the recruitment, transportation, transfer, harboming or receipt of persons for the purpose of exploitation. Exploitation in this regard includes forced prostitution or forms of sexual ... -
The Investigation and prosecution of sexual and gender based violence in Kenya
(Strathmore University, 2018)The objectives of this research project are to outline the laws currently enacted to govern and combat Sexual and Gender Based violence in Kenya (SGBV), to outline the investigation and prosecution process of SGBV by laying ...
