SU+ Digital Repository

SU+ is an online repository for the preservation and promotion of assorted digital content at Strathmore University

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[ISSN 2519-5883]
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Now showing 1 - 5 of 7

Recent Submissions

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Estate planning in the digital age: adapting the Law of Succession Act to address challenges presented by digital assets
(Strathmore University, 2025) Omondi, R. G.
In the era of digital dominance, estate planning faces a daunting challenge: adapting to the complexities of digital assets within existing legal frameworks. This study explores the urgent need to amend the Law of Succession Act to accommodate the realities of the digital age. The surge in digital assets, spanning cryptocurrencies, social media profiles, and cloud-stored documents, reshapes the landscape of inheritance, exposing gaps in current laws and leaving individuals vulnerable to legal ambiguities. Through a comprehensive examination drawing on legal, technological, and societal perspectives, this study identifies shortcomings in asset classification, valuation, and transfer within succession law. It proposes innovative reforms informed by comparative legal analysis and emerging practices, including redefined property definitions and streamlined probate processes facilitated by technological integration. Ethical considerations, such as privacy and data security, are also scrutinized. By confronting these challenges, the study advocates for a progressive approach to inheritance law, rooted in equity, transparency, and testamentary autonomy. Envisioning a future where estate planning seamlessly navigates the digital landscape, this study aims to ensure the equitable distribution of digital assets in the digital era.
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Faith-based social enterprises run by Catholic Sisters : what policies can support them to grow in Kenya?
(Strathmore University Press, 2025-12) Ndunge, Angela (Dr)
Social enterprises have increased due to their ability to tackle societal challenges while remaining sustainable. A paradigm shift is witnessed among faith-based organisations that are transforming their approach to addressing global challenges by adopting social business models. This has led to the push for not only spiritual and social missions but also the economic viability of their organisations, creating faith-based social enterprises. Despite their prevalence, faith-based social enterprises (FBSEs) have not been recognised for their work while limited research and policy support are provided. Therefore, this study draws on the research conducted on the faith-based enterprises run by Catholic sisters to propose policies that can support their growth. With more institutional recognition and support, these organisations can not only help the government to deliver key services such as health, education, food security, housing or poverty alleviation, but also contribute to sustainable development globally. The primary aim of the study was to examine policies that can be used to support FBSEs run by Catholic sisters to grow in Kenya. The study is inspired by the Sister Blended Value Project (SBVP), which is a collaborative effort between Strathmore University and Association of Consecrated Women in Central and Eastern Africa (ACWECA) that supports the transformation of social ministries into sustainable social enterprises supported by funding from Conrad N. Hilton Foundation. The study draws on case studies that were purposely selected from the SBVP participants to understand their challenges and how this impacted their growth. The participants in this study were: The sisters of Holy Angels, The Immaculate Heart of Mary, The Missionary Sisters of Annunciation, The Missionary Benedictine Sisters, and The Immaculate Heart Sisters of Africa. The study recommends an expanded engagement with supporting organizations such as international NGOs, foundations, foreign missions and government to draw on their experiences and best practices to enhance the support provided to FBSEs.
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Public-private development partnership : a rights-based approach
(Strathmore University Press, 2025-12) Chiawo, David; Ngila, Peggy; Mukami, Linet
In its First annual report, the Public- Private Partnership (PPP) Directorate indicated that since commencement of the PPP programme in 2023, the Government of Kenya (GoK) mobilized Sh90 billion in form of private capital investments, with Sh80 billion realised in 2021/22. Despite this enactment and the ongoing PPP projects, many local communities in Kenya are yet to realise the full impact of such projects, since they still lack life’s essentials (rights-based needs) such as clean water, quality healthcare, and education. The PPP Act has gaps in the application of rights-based principles. Some of the weak areas include accountability, inclusivity, community participation, climate action, community empowerment, and rights protection. Beyond PPP projects meeting feasibility criteria, there is need for a clear framework and guidelines to hold PPP projects accountable to ensure development outcomes that meet the needs and expectations of communities. Therefore, good development should be anchored on human-based principles to effectively impact community development. This gap highlights the need to strengthen the PPP Act (2021) by embedding rights-based, inclusive, and climate-responsive principles through a Public-Private Development Partnership (PPDP) model, an inclusive rights-based approach to development, as evidenced in a study carried out in Narok and Nakuru counties.
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An Analysis of the legal frameworks shaping the digital collection and storage of government healthcare data for universal healthcare
(Strathmore University, 2025) Yego, J. J.
With an emphasis on Kenya’s Universal Healthcare Coverage (UHC) initiative, this study tackles big data challenges in the healthcare that could potentially affect millions of people. Examining ownership, privacy, consent from patients, existing legal framework, and cybersecurity, the study attempts to strengthen a safe base for the implementation of UHC. Based on institutional theory, it makes the assumption that examining current legislation will provide important information for the control of healthcare data. Effective service delivery, data protection, and adherence to global norms are advocated by this study, which has implications for healthcare institutions, citizens, and international commitments. The literature study emphasises how important it is to have strong legal frameworks, ethical standards and infrastructure while transitioning to digital healthcare administration.
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Written wills - introducing judicial dispensing power in Kenya
(Strathmore University, 2025) Maina, J.
This research examines the need for introducing a judicial dispensing power in Kenya’s succession law to address the rigid formalities that often invalidate written wills due to minor technical defects. The study aims to assess the challenges posed by Kenya’s strict compliance with will execution requirements under the Law of Succession Act, which frequently frustrates testamentary intention, and explores the potential adoption of a judicial dispensing power to mitigate these issues. The central research question investigates how Kenya can reform its succession law to balance procedural safeguards with the validation of wills reflecting genuine testator intent. Guided by John H. Langbein’s substantial compliance theory, the research critiques the strict compliance approach, advocating for judicial discretion to validate defective wills where intent is clear. A desktop doctrinal methodology is employed, analyzing primary legal sources from Kenya and comparative jurisdiction with South Africa, alongside secondary literature. Key findings reveal that Kenya’s rigid adherence to formalities leads to unjust outcomes, increased litigation, and gender disparities, particularly disadvantaged marginalized groups. In contrast, jurisdictions with dispensing powers, such as South Africa, demonstrate how judicial discretion can uphold testamentary freedom while minimizing fraud risks. Keywords: Judicial dispensing power, Written wills, Testamentary freedom, Substantial compliance theory, Testamentary intent, Kenya, South Africa.