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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Effects of government COVID 19 interventions on the financial performance of Small and Medium Enterprises within Nairobi County
(Strathmore University, 2022) Oindi, F.
SMEs form the backbone of economies. Developing countries rely on SMEs to a greater extent than their more developed counterparts hence emphasizing the need for support of such businesses in the event of economic crises. The Covid-19 pandemic has proven one such crisis event that has threatened the very existence of small businesses in the developing world. The purpose of this study was to focus on government interventions put in place to aid the performance of SMEs during the tumultuous government restriction period. The general objective was to assess the effects of government interventions on the financial performance of SMEs within Nairobi County during the Covid-19 government restriction period. The specific objectives were as follows: To determine the effect of the expenditure package on the financial performance of SMEs in Nairobi County. To determine the effect of tax reductions on the financial performance of SMEs in Nairobi County. To determine the effect of loan restructuring provisions on the financial performance of SMEs in Nairobi County. Data was collected through structured questionnaires issued through a random stratified process targeting SMEs in Nairobi County. A total of 262 businesses are targeted, all of which operate in the service and manufacturing industry. Data was analysed through ordinal logistic regression. The findings revealed that of the three factors, tax incentives were the only valid factor determining the performance of SMEs in Nairobi County (95% confidence level). However, this inference is to be made in light of the observation that only service and manufacturing entities were included in the study. These findings thus point to the need for additional investigations into the nature of SME performance and the implications of the lack of significance of direct expenditure and loan restructuring vis-à-vis Keynes’ laws.
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The Discretionary role of cabinet secretaries in commencement of acts of parliament
(Strathmore University, 2024) Mithamo, M. W.
Commencement of acts is an important step in the law-making process that is often overlooked by not only legislators but also law academics. It is an important part of the process which is left in the hands of Cabinet Secretaries. The objective of this project is to do a deep dive into this role to understand the extents to which role they play in reference to commencement. The act of commencement is not unique to Kenya and is standard practice as has been for years. In Kenya, we follow the Westminster model of commencement and historical documents are the main guide as to how this practice has been viewed over the years and actualized. The major point of concern which is also the point of investigation in this paper is the limits of a cabinet secretaries’ discretion in relation to commencement. Their role is accorded wide discretionary powers, and the point of the study is to justify whether the same is necessary and how the same should be regulated and if it should be regulated. We look at the drafters’ intentions behind according these powers and whether the same is appropriate in relation to commencement.
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Ensuring equal parental responsibility: a study on the retrospective application of Section 32 of the Children Act 2022 in Kenya in line with the child’s best interests standard
(Strathmore University, 2024) Mbuvi, D. N.
The enactment of the Children Act No. 29 of 2022 marked a significant legal shift, replacing the outdated Children Act of 2001. The primary objective of the new Act is to align with Article 53 of the Constitution, which provides for the paramount consideration of a child's best interests in all matters concerning children. In line with the best interests of the child, the Children Act 2022 introduces the concept of equal parental responsibility regardless of whether children were born in wedlock or not. This amended the provisions of the Children Act 2001 where fathers had to undergo specific legal processes to acquire parental rights. The primary concern explored in this research is the potential retrospective application of Section 32 of the Children Act 2022 to past cases involving fathers who, under the 2001 Act, were considered 'unqualified fathers.' Unqualified fathers in this context means fathers who were not granted parental responsibility in the first instance under the 2001 Children Act. The research engages the doctrine of necessary implication, a rule of statutory construction, to analyse whether the Act can be interpreted as having retrospective effects. While the Act lacks an express provision on retrospective application, the study contends that the doctrine of necessary implication suggests a retroactive intent by the legislators. The research primarily bases its arguments on the child’s best interest standard. The paper argues that this retrospective application will contribute to the well-being of children by ensuring equal parental responsibility in the first instance. The overarching goal is to align Section 32 of the Children Act with the constitutional mandate under Article 53 to safeguard the best interests of the child. By scrutinizing the Children Act 2022 and advocating for its retrospective interpretation, the study aims to provide valuable insights and recommendations for the legal community, policymakers, and stakeholders involved in child welfare and family law.
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Digital legacy: exploring the inheritance of digital assets, bridging the legal gap
(Strathmore University, 2024) Masika, D. S.
This study intends to look at a rapidly developing area shaped by technology in the modern digital era. Digital assets have garnered attention due to the intrinsic value it holds yet they cannot be classified as physical assets due to their intangible nature. This disparity raises questions on how to deal with this asset when it comes to its transferability and transmission. The locus classicus case, National Provincial Bank v Ainsworth, established that for a thing to be classified as property, it must be definable, identifiable, and possess a degree of permanence. Applying these principles to digital assets, exemplified in AA v Persons Unknown, affirmed their classification as property. However, challenges arise in the devolution of such assets upon the owner's demise. With digital assets, there comes privacy and terms of conditions. These aspects are key and crucial to the existence of such assets. This means that the assets cannot be classified as traditional assets when it comes to transferability and transmission. An independent specific provision is required to give guidance on how to transmit such assets. This is where the problem lies. In my scope of study, Kenya has no laws regarding digital assets inheritance. My study intends to investigate whether the legislators should come up with new legislation that encompasses the inheritance of digital assets. In the study, I do propose that in addition to the formulation of digital inheritance specific laws, there should be an amendment in the Data Protection Act to provide for a legal provision for access to digital assets to create a balance between privacy and terms of conditions and the right of a beneficiary to inherit the property of their kin.
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Do not resuscitate orders and their role in aiding suicide
(Strathmore University, 2024) Nyabuto, E. G.
As humans struggle between personal freedom and societal constraints, the influence of authority casts a shadow. We find ourselves trapped by the very systems we helped create. Even in matters of life and death, the struggle persists as laws seek to govern even the most intimate of choices. The focus of this paper is on end-of-life care, particularly on the contentious issue of Do Not Resuscitate (DNR) orders in Kenya. Grounded in the philosophical principles of Kantian deontology, the research aims to dissect the ethical and legal implications of DNR orders within the framework of aiding suicide as outlined in Section 225 of the Kenyan Penal Code. Adopting a qualitative approach, this research uses a wide array of sources including legal literature, ethical studies, court decisions, and constitutional analyses. Concluding observations suggest that while DNRs are in use in Kenyan health facilities, unclear laws cloud medical professionals' confidence in fulfilling patients' wishes at the end of life. Recommendations include the need for policy re-evaluation and the development of explicit guidelines that reconcile personal autonomy with legal standards. Such action could protect medical practitioners from potential legal repercussions, while still respecting the dignity of patients at life’s end.