Browsing LLB Research Projects (2018) by Issue Date
Now showing items 1-20 of 94
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Challenging security council's monopoly power over the use of force in enforcement actions that case ECOWAS
(Strathmore University, 2018)The treaty of Lagos emerged in 1975 proposing a union of West African states. The treaty was initially meant for economic integration but a wave of political reforms and civil strife in the region led to its revision. This ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 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 ... -
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 ... -
A Critical analysis of the character and motivation of the Kenyan warders and its role on the non-achievement of Kenya prisons service's vision and mission
(Strathmore University, 2018)In 2002 Kenya introduced, prison reforms mainly to address human rights issues m incarceration centers. However, as time went by her goal became reforming the prisons from a· place of torture and punishment into correction ... -
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 ... -
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 ... -
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 ... -
The Unlawful impact of counter - terrorism operations on freedom from torture
(Strathmore University, 2018)Terrorism has greatly affected Kenya for over a decade, with recent attacks occurring as a result of the deployment of the Kenyan military to neighboring country Somalia. Terrorism is a matter that affects national security ... -
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 ... -
IP rights related to medicine - are IP rights an impediment for accessing essential medicines in Kenya
(Strathmore University, 2018)This research paper intends to demonstrate that essential medicines on patent do pose a barrier to access in terms of affordability. The research undertaken provides some empirical evidence on the prices of essential ... -
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 ... -
An Analysis of Article 26 (3) on the death penalty in the Kenyan 2010 Constitution
(Strathmore University, 2018)This study analyses article 26 (3) on the death penalty in the Kenyan 2010 constitution. The Kenyan judiciary continues to sentence convicts to death based on the formulation of the right to life in article 26(3) of the ... -
A Call for reform of international refugee law: the need for an expansion of the definition of a refugee under the 1951 refugee convention
(Strathmore University, 2018)In recent times, the UNHCR has been accused of railing in the fulfilment of its mandate as provided for under its statute. However, the entirety of fault is not to be borne by the UNHCR, owing to the fact that the Agency ...
