Browsing LLB Research Projects (2018) by Issue Date
Now showing items 1-20 of 94
-
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 ... -
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; ... -
Consent, Decision Making and Dispute Resolution of Traditional Knowledge and Cultural Expressions under “The Protection of Traditional Knowledge and Cultural Expressions Act” in Kenya
(Strathmore University, 2018)Traditional Knowledge and Cultural Expressions are a sui generis form of Intellectual Property that vests in Indigenous communities. Through generations of livelihood and interaction with their environment, these communities ... -
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 ... -
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 ... -
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 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 ... -
Analysis of succession of property in Kenya in the case of cohabittees
(Strathmore University, 2018)Bromley’s Family law book1 defines cohabitation as couples living together outside marriage. With the increase of cohabitation unions which are not recognized by the law, more marital problems seem to emerge. Succession ... -
The Relevance of the Kenyan courts in attaining sustainable development and combatting undustrial pollution
(Strathmore University, 2018)Industrial pollution is a global problem which Kenya is grappling with. It causes detrimental effects to the environment and is hazardous to human health. Kenya’s progress lies in industrial development but industrialization ... -
A Critical analysis of the independence and impartiality of the courts martial
(Strathmore University, 2018)The right to fair trial encompasses a bundle of other rights, most notably the right to an independent and impartial tribunal. The two concepts of independence and impartiality have been taken to be one but, in actuality, ... -
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 ... -
The Sustainability of Traditional Dispute Resolution Mechanism in criminal matters in Kenya
(Strathmore University, 2018)Traditional dispute resolution mechanisms (TDRMs) have been used since time in memorial to resolves disputes, including criminal matters. However, since independence, they were used less frequently and perceived as inferior, ... -
The Right to a fair hearing in Traditional Dispute Resolution Mechanisms in Kenya
(Strathmore University, 2018)The objective of this study is to establish whether TDRMs in Kenya engender the right to a fair hearing in the adjudication of disputes Chapter 1 lays the background, it states the objectives and explains the theoretical ... -
A Critique of police oversight mechanisms in Kenya with regard to extrajudicial killings
(Strathmore University, 2018)In 2016, there were 152 complaints made relating to police shootings and deaths. This is a problem insofar as there are two bodies that are tasked with police oversight in Kenya. This study was aimed at finding out why ... -
An Analysis of the prosecution of hate speech in Kenya - The Common good perspective
(Strathmore University, 2018)Hate speech is the new narrative in Kenya’s political discourse. This rhetoric has been employed to galvanise one’s supporters against an opposing group. The opposing group is often another ethnic community. This is validated ... -
Beyond elections rituals - Rethinking public participation in Kenya's public finance management
(Strathmore University, 2018)Public participation is one of the edicts of the Constitution of Kenya, 2010 which aims to promote transparency and accountability of public resources to the people of Kenya. One of the principles of public finance in Kenya ... -
A Critical analysis of the right to emergency medical treatment in private facilities in Kenya
(Strathmore University, 2018)A human being is prone to fall sick and require access to emergency medical treatment from any hospital regardless of whether or not they can pay the said access. Private hospitals, which are at first instance business ... -
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 ... -
Benefit sharing in Kenya's extractive industry: a look into what entails fair and equitable sharing of natural resources
(Strathmore University, 2018)Exploitation of natural resources has often resulted in one affected party losing out or being exploited. This is because of the legal framework not making provisions to ensure that all citizens gained something from the ... -
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 ...
