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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Legally mandated pre-deployment evaluations: promoting AI safety in clinical medicine across Africa
(Strathmore University, 2025) Gitau, M. L. M.
The integration of advanced artificial intelligence (AI) into healthcare systems presents transformative potential for clinical medicine in Africa, yet it introduces profound context specific risks. This study identifies four primary risk vectors through content analysis. First, the potential for mistranslations and misinterpretations in diagnostic settings due to linguistic diversity; second, the inadequate integration of traditional medicine data, heightening the risk of adverse drug reactions and misguided therapeutic recommendations; third, genetic biases stemming from the underrepresentation of African populations, which may precipitate misdiagnoses; and fourth, the neglect of tropical diseases endemic to the region, further compounding diagnostic inaccuracies. Although dataset bias underpins all these concerns, each manifests in distinct ways that can compromise patient safety and clinical outcomes. In response to these challenges, the study advocates for urgent, legally grounded solutions. Through a comprehensive review of the literature and a qualitative analysis of current evaluation methods, legal instruments, and policy frameworks, the study argues that existing AI safety evaluation frameworks, predominantly developed in high-resource settings, are ill-suited to the African context as they fail to capture the distinctive risks inherent in the continent’s clinical environment. Instead, legally mandated, context-specific pre-deployment evaluations are essential. To operationalise this approach, a tripartite legal framework is proposed: (1) government involvement through data aggregation and verification of developer assessments; (2) private-sector incentives that promote rigorous, independent evaluations; and (3) enforceable developer obligations to adhere to context-aware safety standards.
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Afghan refugee exodus: exploring the legality of forced expulsions in Pakistan under the juridical lens of Islamic legal doctrine
(Strathmore University, 2025) Aslam, Z. M.
On 3rd October 2023, the Pakistani Government instituted a measure that resulted in the forced expulsion of Afghan refugees. Against this backdrop, the study scrutinizes the recent Pakistani government's decision to expel what it terms 'illegal immigrants,' identified by human rights organizations as refugees fleeing Taliban persecution. Given Pakistan's status as an Islamic Republic constitutionally bound by Islamic Shariah Law, the research explores the legal implications and the measure's conformity with Islamic law, questioning the alignment between national and international standards. The study hypothesizes a breach of constitutional duty to adhere to Islamic Law by Pakistan, and poses critical questions addressing the historical trajectory, alignment of Islamic law with international standards, the constitutional basis for Islamic Refugee Law, and the legal ramifications of the forced expulsion. This investigation aims to fill the existing lacuna in understanding the legality of such measures within the framework of Islamic Shariah Law and Pakistan's national legal context. Thus, this study will analyse the extent to which Islamic law on refugees and asylum seekers aligns with international standards; examine the legal and constitutional basis for the place of Islamic Refugee Law within Pakistan; and analyse the legal implications of the current forced expulsion within the frameworks of Islamic law.
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Advocating for proprietary rights of cohabitees during separation in Kenya
(Strathmore University, 2025) Akoth, W. A.
Cohabitation is increasingly becoming common in contemporary Kenyan society, yet the absence of a legal framework to protect the property rights of cohabitees presents significant challenges. The lack of clear legal stipulations leaves cohabiting couples vulnerable, particularly concerning proprietary rights at separation. Judicial actors are often forced to exercise discretion in these matters, relying on the common law doctrine of presumption of marriage and equitable remedies such as constructive trusts. However, this reliance on judicial discretion leads to inconsistencies and unpredictability in rulings, undermining the principle that law should be clear and certain. The presence of an unpredictable not only creates potential injustices but also marginalizes cohabiting couples who lack formal recognition and protection under the law. By analyzing primary and secondary sources through doctrinal research, this paper argues for a comprehensive legal framework that will safeguard the proprietary rights of cohabiting partners in Kenya. The theoretical framework guiding this analysis is John Locke’s labour theory, which posits that individuals gain ownership rights through their investment of labour and resources. The paper concludes with a comparative analysis, drawing lessons from South Africa’s legal culture and framework, which offers protections for cohabiting unions. Key findings highlight the need for statutory clarity, equitable property sharing mechanisms, and formal recognition of cohabitation. Recommendations include adopting legislation that explicitly defines cohabitation relationships, establishing equitable property division rules, and creating legal mechanisms for cohabitation agreements. These measures would enhance legal recognition and security for cohabiting partners in Kenya, fostering fairness and predictability. Keywords: Cohabitation, Proprietary Rights, Universal Partnership, Cohabitation Agreement
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Looking ahead: striking a balance between privacy and national security and public interest in the use of Digital Intermediary Platforms
(Strathmore University, 2025) Mogaka, S. G.
Individual Privacy rights are the basis of most privacy protection laws but with increased development and societal interests, the need to limit the rights has increased. Society at large has had a growing reliance on the different technologies being developed, especially on Digital Intermediary Platforms. This study recognizes this reliance especially on Digital Intermediary Platforms that function as intermediaries between different service providers and potential customers. These platforms have lately been threatened and are used to facilitate criminal activities threatening internal security in the country. Due to this reliance, there is a need to balance privacy rights with national security concerns and public interest concerns which leads to a limitation on privacy rights. The study examines the legal and regulatory framework challenges that arise when balancing privacy, security, and public interest concerns. It also examines the risks and benefits of privacy threatening practices such as surveillance and their implications to give practical recommendations to be implemented that balance the different concerns. The study is grounded in the understanding that to be able to manage modern situations, such as the Digital Intermediary Platforms, and address modern concerns, the law should constantly evolve to cater for such situations and concerns. The study identifies the gaps in the legal framework and seeks to provide ways to balance privacy, security, and public interest concerns in relation to Digital Intermediary Platforms
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Striking a balance between self regulation and state regulation of Christian Churches in Kenya
(Strathmore University, 2025) Wachira, C. M.
In recent years there have been numerous occurrences of financial exploitation and religious extremism by pastors in Christian-based churches. Churches have been highly commercialized at the expense of the vulnerable congregation, begging the question whether the right to freedom of religion is being enjoyed and upheld in the right manner. This dissertation focuses on the current regulatory framework governing churches, highlighting the major shortcomings that have led to numerous occurrences of financial exploitation as well as the rise of religious extremism. The dissertation delves into the reasons why the state should regulate churches by highlighting the notorious activities orchestrated to exploit people. Self regulation mechanisms present are also discussed, highlighting how a hybrid model approach can effectively regulate churches. Based on the findings, the dissertation makes recommendations on how to maintain a healthy balance between state and self regulation of churches, ensuring religious freedom is enjoyed and the role of the government as a regulator is strengthened. The findings of this dissertation show that effective regulation of churches through reforming the legal framework will curb financial exploitation and religious extremism, posing a threat to national security.