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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Legislative landscape: recognising chronic illnesses as vulnerabilities — bridging legal gaps for health equity and inclusivity
(Strathmore University, 2025) Muigai, T. N.
In Kenya, the Social Assistance Act 2013 was formulated to give effect to article 43 (1)(e) of the Kenyan constitution that provides for the right to social security. However, there seems to be a gap in its list of persons considered eligible to receive social assistance in the Kenyan jurisdiction due to the exclusion of people living with chronic illnesses. This study seeks to present a comprehensive analysis to understand whether there are legal implications flowing from the lack of inclusion of such persons in the act and especially the infringement of the human rights to dignity, attainment of the highest possible standard of health and social security. Further, it will seek to show whether there is a need for a precise legal framework protecting the same by carrying out a comparative analysis with the United Kingdom and how it has protected the rights of people living with chronic illness. This paper hopes to advance policy and discourse as well as recommendations that would enhance the legal recognition of vulnerability and protection of individuals with chronic illnesses in Kenya.
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Pet animal welfare: a critique of the legal framework
(Strathmore University, 2025) Chisika, B.
This research delves into the intricate legal landscape that governs the protection of animal welfare in Kenya, specifically companion animals, examining the nation's commitment to safeguarding the welfare of pets within its borders. The study thoroughly analyses the existing Kenyan legal framework, regulations and international commitments that contribute to the protection and promotion of animal welfare. It proves that the legal framework is grossly underwhelming and ineffective in addressing contemporary challenges facing the state of companion animal welfare in Kenya. Ultimately, this analysis aims to contribute to a better understanding of the weaknesses within the legal framework governing animal rights in Kenya through constructive criticism, providing insights for policymakers, legal practitioners and advocates working towards the enhancement of animal welfare in the country.
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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