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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Communities in DSpace

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Now showing 1 - 5 of 7

Recent Submissions

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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.
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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.