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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Medical negligence: making a case for the Bolitho test in determining negligence cases in Kenya.
(Strathmore University, 2024) Muli, F. M.
In Bolam v Friern Hospital Management Committee the Bolam test was set out for breach of duty of care to be constituted by acting contrary to standard of procedure which comes from the opinion of a body of expert opinion. The problem with this was the weight that it gave an expert opinion was greater than all other evidence that is produced before the court and solely focused the court on established practice. The Bolitho test from the case of Bolitho v City and Hackney Health Authority, came as a replacement for the test with its focus on the reasonableness of practices undertaken in the delivery of medical care, its focus shifted from what ought to be done in a situation ignoring the unique variables and went to whether the actions undertaken considered the patient’s safety regardless of the body of expert medical opinion being in contradiction. In Kenya, the standard test for the determination of negligence is the use of the Bolam test as seen in the case of Trustees Registered Maua Methodist Hospital v Penina Thirindi Koome (Suing as the Legal Representative of Rooney Mutharimi (Deceased) where the test was restated that breach of duty of care arises from the deviation from the normal practices to be determined by a responsible body of opinion of medical practitioners. This test has been restated in a majority of the cases of medical negligence with courts rarely ruling contrary to their opinion.
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Cybercrimes in the Kenyan banking industry: a review of the legal framework on digital evidence admissibility
(Strathmore University, 2024) Nyakiega, E.
The research reviews the Kenyan legal framework on cybercrimes with a specific focus on the admissibility of digital evidence in court when such crimes occur in the banking industry. It then proceeds to tackle the research problem by addressing the following research objectives: First, it identifies the legal framework on cybercrimes, cybersecurity and digital evidence admissibility. It then proceeds to investigate challenges and gaps presented by the legal framework when investigating and prosecuting cybercrimes in the banking industry; finally, through a comparative study of South Africa, Malaysia and India, valuable insights are identified which Kenya can adapt to her context to alleviate the research problem. Through desktop research, the findings of this study reveal that the ubiquitous nature of the cyberspace poses great challenges in the terrestrial world when investigating and prosecuting cybercrime cases in the banking industry. It therefore proposes recommendations on the urgent need to reconsider and redraft the legal framework on digital evidence admissibility and cybercrimes to provide legal certainty. Lastly, this study is instrumental to scholars, researchers, policymakers and the Kenyan Government in reference to the research topic.
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Bridging the gap: achieving equal representation of the different demographic groups in the Kenyan parliament
(Strathmore University, 2024) Muoma, R. M.
The study’s intention is to raise awareness to the general public, researchers and students on the representative situation in Kenya so as to determine whether there is a balance of the religions, genders, counties and ethnicities population in comparison to their representation in the Parliament and Senate. To determine whether the representation in these two houses coincides with the population in Kenya. Before finally establishing the causes of the different variances in population and arriving at different findings to help solve the representative situation in Kenya. This study will apply both inductive and deductive reasoning. It will first conduct a quantitative and empirical analysis of the citizens and parliamentarians based on how the demographic groupings have been effectively distributed in both houses to determine whether there is a balance and whether the reality coincides with the expected results. It will thereafter conduct a historical analysis to arrive at the causes of the variation in the Parliament and the Senate. Before finally concluding by arriving at possible solutions to resolve the representation in the Kenyan Parliaments.
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Leadership and integrity: a study of which legal test best implements Chapter Six of the constitution of Kenya (2010)
(Strathmore University, 2024) Theuri, G. M.
The promulgation of the constitution in 2010 sought to present a clean break from Kenya’s past marred by poor governance consisting of the political use of violence, corruption, tribalism and human rights violations among others. With chapter six therein seeking to set higher standards for persons seeking state office so as to enable good governance, there has been a variance as to what threshold best implements it. Courts have shared divided opinions as to whether to let actions determining lack of integrity rise to a threshold of criminality or not to rise to that threshold or even to look deeply into the facts of each case and determine if the allegations put forward consist of lack of integrity. It is for this reason that this study seeks to establish which test best suits the implementation of the integrity chapter of the constitution. This study was a desk-based project that has mostly relied on qualitative evidence emanating mostly from secondary sources such as research reports, chapters in books, journal articles and case law. It has found that indeed, while there is a need for implementation of chapter six, there is discord as to how it will be implemented. This study therefore recommends the use of the unresolved questions standard which is highest standard, among those that have been put forward, so as to effectively implement chapter six and the high standards therein.
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Impact of change management on the performance of Small and Medium Enterprises within the healthcare sector in Nairobi County
(Strathmore University, 2025) Githige, C. W.
This study aimed to assess the impact of change management on the performance of small and medium enterprises (SMEs) within the healthcare sector in Nairobi County. Change management is crucial for organizational success as it defines standards and procedures that enhance performance. The study focused on three objectives: examining the impact of strategic leadership change, investigating the effect of technological changes, and evaluating the influence of organizational culture change on SME performance. The findings will help SMEs develop policies to drive growth. The study was based on Kotter’s 8-step model, Lewin’s 3-step model, and the Balanced Scorecard. A cross-sectional survey design was used for data accuracy, targeting senior managers from healthcare SMEs. Self-administered questionnaires were distributed to respondents to collect data for the study, which used descriptive analysis and SPSS for both qualitative and quantitative data. The correlation tests revealed statistically significant positive linear associations between strategic leadership, technological changes, organizational culture, and the performance of SMEs within the healthcare sector in Nairobi County, Kenya. Regression analysis further confirmed a significant positive relationship between change management and SME performance. Additionally, the analysis found that technological changes and organizational culture had a significant effect on the performance of healthcare SMEs in Nairobi County. The study recommends that the government should introduce grants and subsidies to support the adoption of advanced technologies in healthcare SMEs. The study also suggests that managers and leaders should clearly communicate the organization’s vision and mission to all employees as well as aligning organizational goals with the vision and mission to ensure everyone is working towards common objectives. The study also recommends that organizations should promote behaviors and practices that create a conducive and motivating work climate.