SU+ Digital Repository

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

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Communities in DSpace

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Now showing 1 - 5 of 7

Conferences / Workshops / Seminars + 474
Documents and Proceedings of Conferences, Seminars, Workshops (and more) held at Strathmore University
Digital Archives 178
Assorted collections of resources covering various subject themes contributed by Faculty and Library Staff
Reports / Policies + 10
Public reports and policy documents
Research / Researchers / Publications 4504
Researcher Profiles / Conference presentations / Published research articles / Faculty and Corporate research outputs
Strathmore Heritage Collection 41
A digital chronicle of the History of the University presented through a mix of pictures, videos and digitized publications

Recent Submissions

Evaluating the adequacy of the law on searches without warrants in Kenya: a comparative study
(Strathmore University, 2025) Gai, A. P.
This study examines Kenya's legislative framework on warrantless searches concentrating on the vague "substantial prejudice" standard set forth in Section 60 of the National Police Service Act. Against the backdrop of recent police abuses during public protests, the paper evaluates how the lack of clear norms governing police discretion could result in widespread violations of the constitutional right to privacy under Article 31. Using a doctrinal and comparative legal methodology, the study examines judicial interpretations of warrantless searches in Kenya and compares them to the Canadian jurisdiction's structured application of the reasonableness and proportionality tests under Section 8 of the Canadian Charter of Rights and Freedoms. The results highlight a worrying trend of Kenyan courts interpreting warrantless searches inconsistently, frequently emphasizing evidential weight over evidence gathering method. This undercuts both the rule of law and procedural fairness, aggravating police discretion. It is brought out that the ambiguous "substantial prejudice" criteria permits law enforcement to exploit legal ambiguity, resulting in arbitrary intrusions into private life and a loss of public trust in the judicial system. To address these shortcomings, the dissertation suggests establishing objective guidelines for determining "substantial prejudice," enacting exclusionary rules to deter illegal searches, providing judicial training on constitutional interpretation, and implementing institutional reforms that improve police accountability. These policies seek to match Kenya's legal processes with democratic ideals and international human rights obligations, protecting individual liberty from government overreach.
Analyzing the boundaries between mutual matrimonial consent and marital rape in Kenya
(Strathmore University, 2025) Ndungu, A. W.
This research investigates the insufficient legal protection for victims of marital rape in Kenya, despite existing legislation on sexual and domestic violence. Notably, marital rape is not criminalized, hindering access to justice and support for victims. Utilizing a legal doctrinal approach, the study will analyze legal texts and case law to identify inconsistencies within the framework that enable this inadequacy. Additionally, international legal instruments and studies from jurisdictions such as South Africa with established approaches to marital rape will be considered to draw potential best practices. The research aims to inform policymakers and legislators in creating evidence-based legal reforms, empower NGOs advocating for victim rights, and guide healthcare professionals in supporting survivors. Ultimately, it seeks to contribute to a legal and social environment where everyone, regardless of marital status, has the right to bodily autonomy and is free from sexual violence.
The Criminal currency conundrum: balancing innovation and regulation in Kenya’s fight against digital money laundering
(Strathmore University, 2025) Angote, E. J.
As digital currencies transform the global financial landscape, their pseudonymity and decentralisation have created new opportunities for money laundering, presenting a significant challenge for Kenya's regulatory framework. This study examines whether Kenya should incorporate the Digital Currency Travel Rule into the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) to address this escalating threat. The objective is to uncover the allure of digital currencies, reveal their role in illicit finance, and propose a practical solution tailored to Kenya's unique context. The study is structured into five chapters. The first chapter delves into the appeal of digital currencies while acknowledging their potential for misuse. The second chapter examines the societal impact of money laundering and how digital currencies facilitate it through anonymity and mixing services. The third chapter analyses the Travel Rule, a Financial Action Task Force (FATF) initiative that mandates Virtual Asset Service Providers (VASPs) to share transactional data, evaluating its global effectiveness and Kenya-specific challenges such as regulatory gaps and technological limitations. The fourth chapter advocates for the integration of the Travel Rule into POCAMLA, anticipating improved oversight, deterrence, and trust in Kenya's financial system. The final chapter concludes with a call to action, recommending legislative and technological reforms. Methodologically, this study employed a blend of doctrinal analysis alongside comparative and content analysis, utilising secondary sources such as journals, FATF reports, and Kenyan assessments. This approach enabled the construction of a robust argument, grounding the analysis in evidence while reasoning deductively from global trends to Kenya's specific needs. The findings indicate that Kenya's current framework is inadequate, but the Travel Rule presents a crucial opportunity that must be embraced to protect the economy and align with international standards.
Law and welfarism in digital global value chains: a critical analysis of the implementation of enhanced downstream workers' rights in Kenya
(Strathmore University, 2025) Maina, W. K.
The rapid rise of technology has transformed the labour market, notably through the creation of digital global value chains. Traditional liability doctrines fail to protect downstream workers due to the absence of a formal employer- employee relationship, as well as limited proximity and control. Consequently, these workers lack the legal protections and reliefs enjoyed by employees in comparable traditional industries. Tort reformists argue that rather than the employment relationship, corporate liability should be attributed based on networks and connections to the harm, which would allow Multinational Companies to bear responsibility for production practices throughout their value chains. However, in imposing such regulations, it is necessary to account for the complexities introduced by digital markets and the fragmented organisational structure of globalised firms. Given these complexities, this study argues for a sui generis liability framework. State-based interventions in digital markets are often limited due to the dynamic nature of these markets, which creates information asymmetries and regulatory uncertainty, potentially leading to inappropriate regulation, deterring investment and hindering economic growth. Private regulation, driven by industry expertise, can offer more efficient solutions. However, it faces challenges in enforcement and compliance due to firms' profit-driven nature, prioritising self-interest. A public-private regulatory approach thus emerges as the most effective solution by bridging the respective strengths and weaknesses of private and public regulation. This study employs a doctrinal methodology complemented by a comparative analysis of the European Union’s Corporate Sustainability Due Diligence Directive to answer the question of how to sufficiently protect downstream digital workers. The discussion proposes the Environment, Social and Governance standards as a potential regulatory model. The voluntary nature of the standards allows for flexible, market-driven solutions whereas the state exercises oversight through monitoring reporting.
Beyond ratification: navigating challenges in the application of international human rights norms in Kenya
(Strathmore University, 2025) Wamala, T. N.
This dissertation delves into the intricate dynamics of the application of international human rights norms within Kenya's domestic legal system. Against the backdrop of Kenya's rich history of independence struggles and democratic principles, the study examines the challenges and opportunities in aligning the nation's legal framework with global human rights standards. Despite constitutional commitments to uphold human rights principles, the translation of international norms into effective domestic structures faces hurdles related to cultural sensitivity, resource constraints, and the balance between national sovereignty and international obligations. Through a multidisciplinary approach drawing on legal, political, and socio-economic perspectives, the research aims to unravel the complexities of this interplay. By analyzing judicial interpretations, legislative initiatives, and challenges in application, the study seeks to offer practical policy recommendations for enhancing human rights protection in Kenya. The findings not only enrich academic scholarship on harmonizing global and domestic legal frameworks but also provide actionable insights for policymakers and legal practitioners engaged in human rights advocacy within the national context.