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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Reforming Kenya’s land sector through land banking: a comparative legal study of Kenya and South Africa
(Strathmore University, 2025) Ogola, J. A.
This research critically examines Kenya's land banking and investment frameworks and explores how South Africa's established land banking system could serve as a transferable model. The study analyzes legal instruments including Kenya's Constitution (2010), Land Act (2012), Land Registration Act (2012), Urban Areas and Cities Act (2011), Physical and Land Use Planning Act (2019), and the National Land Commission Act (2012), alongside policy frameworks such as the National Land Use Policy (2017), Recommended National Land Policy (2023), Kenya Investment Policy (2019) and Kenya Vision 2030. The research employs a qualitative methodology through comparative legal analysis, documentary review, and case study examination to identify structural weaknesses in Kenya's institutional architecture. The findings reveal critical limitations in Kenya's framework, specifically the fragmentation of institutional mandates between the National Land Commission, Ministry of Lands and county governments, inadequate definitional clarity regarding land banking processes, and insufficient legal provisions for strategic land acquisition and management. South Africa's Land Bank, established through dedicated legislation (Land Bank Act 1912, revised 1944 and subsequently 2002), offers valuable lessons through its specialized financing mechanisms, governance structures, and institutional oversight. The study identifies the Blended Finance Scheme and Proactive Land Acquisition Strategy as particularly successful interventions that could be adapted for the Kenyan context. The research recommends enacting a dedicated Land Banking Act to establish a clear legal framework for land banking in Kenya. This Act would define land banking, designate the National Land Commission as the lead authority, create a Land Bank Committee and Registry, and establish a Land Banking Fund. It also proposes amending existing land laws to align with this framework. Implementation of these recommendations would create a more coherent, transparent, and effective land management system to support Kenya's development objectives while addressing historical inequities in land distribution.
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Reevaluating defilement laws in Kenya - a case for streamlining prosecutorial discretion
(Strathmore University, 2025) Hanifa, J.
In Kenya, the Sexual Offences Act was initially enacted to protect minors from defilement, focusing primarily on adult offenders. However, a critical issue has emerged where minors engage in consensual sexual activities with each other, despite the law's unequivocal stance that minors cannot legally consent to sex. This legal framework leads to the classification of such consensual acts between minors as defilement, thereby subjecting them to potential criminal liability. The research problem centres on the inconsistency and possible misuse of defilement laws when prosecuting minors involved in consensual sexual relations, raising questions about the appropriateness and fairness of the current legal approach. This research will examine prosecutorial discretion in cases where both parties are underage, analysing how the law is applied in practice and exploring the potential applicability of Romeo and Juliet laws in Kenya. The study will be grounded in the "Best Interests of the Child" theory, which posits that any legal action involving minors should prioritise their welfare and evolving capacities over punitive measures. By employing a doctrinal methodology and comparative analysis, the research will draw on experiences from other jurisdictions to critically evaluate existing legal frameworks and inform potential reforms. The novelty of this research lies in its critical examination of prosecutorial discretion, from which viable recommendations will be made. The study aims to propose a balanced legal framework that addresses the unique circumstances of minors engaging in consensual sexual activities, protecting them from both legal repercussions and exploitation. Ultimately, this research aims to advocate for policy reforms that ensure a more consistent and equitable approach, aligning the Kenyan legal system with the best interests of children while safeguarding them from abuse.
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Protection of data sovereignty and cybersecurity: a study of cross-border data transfer regulations in Kenya
(Strathmore University, 2025) Mathenge, T. W.
As the global economy digitizes, data flow across borders becomes vital for trade, communication, and innovation. However, this brings challenges in privacy, cybersecurity, and regulation. In Kenya, cross-border data transfer regulations like the Data Protection Act, its accompanying Kenya Subsidiary Legislation, 2021 and the Computer Misuse and Cybercrimes Act aim to address these issues and protect privacy rights. Yet, their effectiveness remains uncertain, amid concerns about data sovereignty, jurisdictional conflicts, and rapid technological change. This study examines the adequacy of these regulations, using a doctrinal research approach. Through legal analysis and policy evaluation, it explores the regulatory landscape, identifies challenges, and assesses implications for businesses, government, and individuals. The study aims to highlight strengths and weaknesses, inform policy reforms, and contribute to the discourse on data governance and digital rights in Kenya and globally. By shedding light on cross-border data transfer regulations in Kenya, this research advances understanding of data governance dynamics in the digital age. It emphasizes the need to balance privacy protection, cybersecurity, and regulatory flexibility to foster innovation, economic growth, and social progress in Kenya and beyond.
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The Gun culture: analysis of existing gun laws and the rising rate of mass shootings in America
(Strathmore University, 2025) Kansiime, F.
In the United States of America, the Second Amendment allows for the ownership of guns by individuals. However, since this amendment, there have been cases of increase gun violence and looking at the way these cases have been dealt, there is an insufficiency especially to give the families of the victims’ justice. This doctrinal legal research uses utilitarian theory to examine whether the rising number of shootings stem from the law which allows for bearing of arms.. The objective of this study is to show the extent to which gun laws have encouraged mass shootings in America and the importance and relevance of making evaluations and reforms to this law to promote maximum safety of the people in America.
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Green frontiers in Kenya’s Trade Marks Act (No.51 of 1955): assessing the registration and certification of green marks
(Strathmore University, 2025) Muindi, P. M.
The age of corporate sustainability has motivated organisations to adopt green marketing techniques to appeal to their pro-green consumers. An example of these techniques is using green trademarks and certification marks, which denote a product’s sustainability and ecological friendliness. The main problem outlined is that existing regulations appear not to have adapted to the novelties presented by the registration and use of green trademarks and certification marks. This has exposed consumers to unsubstantiated sustainability claims in Kenya’s Fast-Moving Consumer Goods (FMCG) market segment. The proposed research will examine the problem by employing theoretical underpinnings from the quality theory of trademarks, as propounded by Frank Schechter, to establish whether the legal framework can accommodate new green marketing tools in contemporary times. The study adopts a doctrinal legal research methodology to analyse statutes, court jurisprudence, and scholarly works to understand the aims and the scope of green marketing. The novelty of the research is likely to be found in the examination of the current regulatory regime against contemporary corporate sustainability standards, from which recommendations regarding the registration of green trademarks and certification of green marks in Kenya’s FMCG industry will be made.