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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Beyond physical impairment and mental impairment: the case for recognizing diabetes as a disability in Kenya
(Strathmore University, 2025) Parseina, S. L.
Diabetes is a chronic condition that affects millions of individuals globally, significantly impacting their quality of life. In Kenya, diabetics face numerous challenges, including high medical costs, limited access to healthcare, and social stigma. Despite these barriers, diabetes is not explicitly recognized as a disability under Kenya’s legal framework, leaving affected individuals without necessary legal protections. This study addresses this gap by examining whether diabetes should be classified as a disability under Kenyan law. The core thesis of this study asserts that diabetes meets the criteria for disability when analysed through the Social Model of Disability and the Nagi Model. These theoretical frameworks highlight how systemic barriers and day-to-day functional limitations restrict an individual’s ability to participate fully in society. Comparative case studies from Canada and the United States, along with a review of existing disability laws in Kenya, demonstrate that recognizing diabetes as a disability would provide diabetics with essential legal protections, including workplace accommodations, financial relief, and improved healthcare access. The research ultimately recommends amending Section 2 of the Persons with Disabilities Act to align with the broader definition found in Article 260 of the Constitution, ensuring that diabetics receive necessary legal and social support. Keywords: Diabetes, Kenya, Disability and Legal Recognition
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Adverse possession in Kenya: is the doctrine in need of legal reform?
(Strathmore University, 2025) Karimi, J. N.
Adverse possession is a legal doctrine that allows individuals to acquire land ownership after twelve years of continuous and uninterrupted possession, even without the consent of the registered titleholder. While this principle ensures land is utilized efficiently, it has raised concerns about its constitutionality, particularly in modern land registration systems that emphasize the absoluteness of title. This raises concerns about whether adverse possession weakens property rights, legal certainty, and economic stability, especially in jurisdictions like Kenya, where the framework lacks key protections. Using the doctrinal legal research methodology, this study examines the significance of secure land titles in safeguarding property rights and its broader impact on legal stability, economic development, and social order. It also evaluates how Kenya’s adverse possession regime affects private property rights and compares it to the structured approach adopted in the United Kingdom. Unlike Kenya, where adverse possession can occur without the owner’s knowledge, the UK has introduced safeguards such as mandatory notification, land inspections, an extended objection period, public awareness initiatives, and digital integration in land registration. These measures ensure that adverse possession claims do not result in sudden and unfair dispossession. By analyzing contemporary best practices in the UK, this study highlights the need for legal reforms in Kenya to enhance transparency and fairness in adverse possession cases. Implementing notification systems, verification processes, and public education initiatives would help protect property owners while maintaining the principle that land should not remain idle indefinitely. Strengthening Kenya’s legal framework in this area would create a more balanced system that upholds both land security and responsible land use.
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Can doctors lie to their patients? a constitutional inquiry into therapeutic privilege in Kenya
(Strathmore University, 2025) Parit, L. S.
This study focuses on the constitutional validity and the ethical justification of therapeutic privilege within Kenya’s healthcare system, focusing on section 8(a) of the Health Act. Therapeutic privilege allows healthcare providers to withhold medical information from patients if disclosure is believed to cause harm. While it is intended to protect vulnerable patients, the study argues that this provision is vague and lacks adequate safeguards, leading to potential violations of patients’ constitutional rights, including the right to life (Article 26), health (Article 43), dignity (Article 28), and access to information (Article 35) under the Constitution of Kenya. The study examines the conflict between medical paternalism and patient autonomy, highlighting the moral necessity of informed consent and based on the principles of justice, autonomy, nonmaleficence, and beneficence. Through a comparative analysis of legal practices in the United States and South Africa, the study highlights how other jurisdictions have narrowly defined and strictly regulated the application of therapeutic privilege. The insights are used to critique Kenya’s legal position and advocate for legal reform. The dissertation concludes that the current legal framework inadequately balances patients’ rights with clinical discretion and calls for a legislative amendment to section 8 of the Health Act. The proposed reform would introduce procedural safeguards, require justification, and oversight for withholding information, and prioritize transparency and shared decision-making in clinical practice.
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Pet ownership and healthcare in Kenya: evaluating the national legislative framework against the authoritative guidelines of the World Organisation for Animal Health (OIE)
(Strathmore University, 2025) Kinyanjui, W. W.
In Kenya, the healthcare and welfare of pets are inadequately addressed within the existing legal framework. Laws such as the Prevention of Cruelty to Animals Act of 1962 focus primarily on addressing acts of cruelty but lack depth in regulating modern pet healthcare and ownership. While institutions like the Kenya Society for the Protection and Care of Animals (KSPCA) advocate for animal welfare, enforcement mechanisms remain weak, and the legislative framework largely prioritizes wildlife conservation and livestock management. Kenya’s pet healthcare system also falls short of aligning with international standards set by the World Organisation for Animal Health (OIE), which emphasize comprehensive welfare and veterinary practices. This study critically evaluates Kenya’s legislative framework for pet healthcare and ownership, with a focus on its alignment to OIE standards and comparisons with jurisdictions like the United Kingdom and South Africa, which have advanced systems of animal welfare. Using a doctrinal research approach, the study identifies gaps in the existing legal provisions and proposes actionable reforms to strengthen Kenya’s pet healthcare laws. By addressing these shortcomings, the research aims to provide a robust legal framework for safeguarding pets’ healthcare and welfare, ensuring alignment with international best practices.
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Addressing wrongful rape convictions in Kenya: a case for criminalization of false rape accusation
(Strathmore University, 2025) Njogu, E. M.
Kenya has witnessed cases involving persons wrongfully convicted of rape as a result of false accusations. Such cases not only undermine the integrity of Kenya’s legal system but also the accused person’s rights outlined in the Constitution of Kenya 2010. The consequences range from criminal sanction to stigma, damaged reputation, strained relationships, isolation, and lack of faith in the legal system. As a consequence, this study explores the need to criminalize the act of giving false rape accusations in court. It also seeks to explore possible elements that the prosecution ought to prove to convict an individual that makes a false rape accusation. Furthermore, it discusses the suitable punishment that should be given for such an offence. In doing so, the paper analyses the current legislations in Kenya and Kenyan case laws while juxtaposing the same with the other jurisdictions such as South Africa on the question of false rape accusations. Through this, the study proposes legal reforms, such as the adoption of laws that severely penalize persons who intentionally and falsely accuse someone of rape. By criminalizing false rape accusations, the reforms will strengthen the general fairness of Kenya's legal system, safeguard accused parties' rights, and discourage false allegations by making such acts illegal.