SU+ Digital Repository

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

Off-Campus Access to restriced resources (including the ExamsBank) now requires registration using an @strathmore.edu email address

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

Recent Submissions

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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.
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Navigating the digital divide: balancing the right to be forgotten and freedom of the media in Kenya
(Strathmore University, 2025) Maina, D. M.
“This research explores the relationship between the right to be forgotten and media freedoms in the Kenyan context, aiming to clarify ambiguities surrounding the interpretation of "irrelevant" and "excessive" information and develop a practical framework to reconcile these competing interests. The study evaluates the legal, institutional, and ethical dimensions influencing the right to be forgotten and media practices, offering actionable recommendations for their harmonization. The project examines Kenya's constitutional provisions on privacy and media freedom, the Data Protection Act (2019), and subsidiary regulations, alongside comparative insights from global and regional frameworks like the GDPR. It includes a review of ethical theories and case law to contextualize the right to be forgotten in Kenya's legal and social landscape. Employing a doctrinal research methodology, the study utilizes primary sources such as statutes, judicial decisions, and secondary sources like peer-reviewed journals and expert analyses. Ethical frameworks, including Bentham's Utilitarianism and Kantian Ethics, are applied to assess the implications of privacy violations and media responsibilities. The study finds that this right suffers from limited definitions and unclear applications, particularly concerning "irrelevant" and "excessive" information. The current legal framework inadequately addresses the intersection of public interest and individual privacy, especially for public figures. Key recommendations include adopting the Three Principle Filtering Test to evaluate erasure requests, balancing public access to information with privacy rights, and refining statutory language to guide both media practitioners and legal adjudicators
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Balancing acts: navigating the fine line between freedom of expression and incitement to violence in Kenya
(Strathmore University, 2025) Mwaura, F. N.
In the evolving landscape of free expression, it has become increasingly imperative to strike a delicate balance between the freedom to express oneself and the need to ensure that one’s expression does not incite violence against others. In Kenya, the line between the two has often been blurred particularly during politically tense times such as election periods where certain statements have led to post-election violence. It is on this basis that the objective of this study is to examine the thin line that exists between the freedom of expression and incitement to violence in Kenya. Anchored on the liberalism theory, this study will employ the doctrinal research method where it will analyse primary sources such as statutes and case law, as well as secondary sources which include books, academic journals, and newspaper articles. The study seeks to provide useful insight through its recommendations to legal practitioners and policy makers on how to revise the existing laws and policies, by either amending them or enacting new legislation, to eliminate the use of freedom of expression as a harmful tool to incite others to violence.
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A Legal analysis of sharenting: balancing between parental freedom of expression and minors’ right to digital privacy in Kenya
(Strathmore University, 2025) Mogeni, E. A.
Some parents and/or guardians are actively sharing photographs, videos, and even personal details of their children across various social media platforms in Kenya to share their parental experiences. This is the concept has been dubbed sharenting. This research will employ the interest theory of rights to examine the possible contradiction between children’s ever-evolving right to privacy and parents’ and/or guardians’ freedom of expression on social media platforms. The study promotes a reasonable approach that prioritises the child's best interests while still acknowledging parental freedom of self-expression. The developing nature of children’s rights and the possible drawbacks of unrestricted online exposure are emphasised. This work will employ doctrinal legal research to examine statutes, case laws, books, journals, and reports about these rights and their various conceptions. It will shed light on Kenya’s legal framework for safeguarding children’s online privacy rights and investigate the possible violations caused by parental online sharing practices. The purpose of this study is to add to the current legal and social debates in Kenya around children’s rights to privacy online, and it stresses the importance of striking a balance between parental freedom of expression and the protection of children’s right to privacy on digital platforms.