Academic literature on the topic 'Forestry law and legislation – Kenya'
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Journal articles on the topic "Forestry law and legislation – Kenya"
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Ngome Chisika, Sylvester, Juneyoung Park, and Chunho Yeom. "The Impact of Legislation on Sustainability of Farm Forests in Kenya: The Case of Lugari Sub-County in Kakamega County, Kenya." Sustainability 12, no. 1 (2019): 27. http://dx.doi.org/10.3390/su12010027.
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This study analyses the effects of the Agriculture (Farm Forestry Rules) of 2009 on Trees on Farms (ToFs) in Lugari sub-county in Kenya. Using existing literature, secondary and primary data sources from online surveys, the authors evaluated the current status of farm forests in order to determine the impact of these rules on respondents from three randomly selected income-expenditure groups through online surveys. Case results substantiate that between the years 2009–2019, ToFs generated social, economic, and environmental benefits amongst landowners surveyed. Moreover, online survey results indicate that young people in the age bracket 18–35 years are increasingly adopting farm forestry contrary to long-held beliefs in the country. However, due to the unpopularity of the 10% rule amongst surveyed income-expenditure groups, and challenges experienced by ToFs owners, this paper concludes that the observed impacts may not be necessary as a response to the 10% rule. Besides addressing the existing inconsistencies, this paper recommends full implementation by transcribing the rules in other languages, developing inventory protocols for ToFs, and awareness creation on the rules in order to register an impact.
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Alden Wily, Liz. "Risks to the sanctity of community lands in Kenya. A critical assessment of new legislation with reference to forestlands." Land Use Policy 75 (June 2018): 661–72. http://dx.doi.org/10.1016/j.landusepol.2018.02.006.
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Hoexter, Cora. "Administrative Justice in Kenya: Learning from South Africa's Mistakes." Journal of African Law 62, no. 1 (2018): 105–28. http://dx.doi.org/10.1017/s0021855318000025.
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AbstractThe wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.
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Okuta, A. "National Legislation for Prosecution of International Crimes in Kenya." Journal of International Criminal Justice 7, no. 5 (2009): 1063–76. http://dx.doi.org/10.1093/jicj/mqp076.
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Ojwang, J. B., and D. R. Salter. "The Legal Profession in Kenya." Journal of African Law 34, no. 1 (1990): 9–26. http://dx.doi.org/10.1017/s0021855300008160.
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The legal profession, and legal education (which is the subject of an earlier article), in operational terms form one continuum. On the earlier occasion we depicted legal education as, in essence, referring to “experiences and training which help different kinds of people to understand and use law in society”. In more specific terms, legal education is concerned with the formal or approved stages of education and training, in preparation for service in such legal roles as: representing parties in judicial or related proceedings; giving legal advice and preparing legal documents or instruments in non-contentious matters; presiding over or participating in tribunals of a legal or quasi-legal character; representing the state in matters of a legal or quasi-legal nature; etc.The often large body of professionals, who are the product of such a system of education, invariably necessitates the establishment of governing bodies; the enactment of regulatory legislation; the adoption of controlling practices; the fostering of certain norms and mores of professional culture; etc.
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Mupangavanhu, Yeukai. "Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective." African Journal of International and Comparative Law 29, no. 1 (2021): 117–37. http://dx.doi.org/10.3366/ajicl.2021.0353.
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Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.
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Manji, Ambreena. "The Politics of Land Reform in Kenya 2012." African Studies Review 57, no. 1 (2014): 115–30. http://dx.doi.org/10.1017/asr.2014.8.
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Abstract:This article provides a critique of the final stages of Kenya’s land law reform process, which has resulted in the approval of the 2012 Land Act, Land Registration Act, and National Land Commission Act. It argues that in spite of the constitutional and political importance of the new legislation, the process was marked by haste, lack of engagement by legislators, and little participation by citizens. The new laws can be viewed as a deeply disappointing outcome of a decade’s struggle over land policy. The article explores the effects of the constitutional deadlines for new legislation; the contradictory role of civil society in relation to the new laws and the bureaucratic structures they create; and the redistributive intentions and potential of the new land legislation.
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Mujuzi, Jamil Ddamulira. "Private Prosecutions in Kenya." African Journal of Legal Studies 11, no. 1 (2018): 33–70. http://dx.doi.org/10.1163/17087384-12340027.
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AbstractIn Kenya private prosecutions are governed by different laws. These are the Criminal Procedure Code, the Office of the Director of Public Prosecutions Act, the Constitution and case law developed by courts. The purpose of this article is to demonstrate how courts have invoked these laws to deal with the following issues that relate to private prosecutions: the right to institute a private prosecution, locus standi to institute a private prosecution, and measures in place to prevent or minimise the abuse of private prosecutions. The author recommends ways through which Kenyan legislation could be amended to strengthen the private prosecutions regime.
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Ulber, Marcus. "Der Einfluss von Naturschutzorganisationen auf Rechtsetzung und Vollzug." Schweizerische Zeitschrift fur Forstwesen 164, no. 3 (2013): 65–69. http://dx.doi.org/10.3188/szf.2013.0065.
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Influence of nature conservation organisations on legislation and law enforcement Nature conservation organisations influence laws and ordinances, administrative strategies and law enforcement. By doing this, they seek to improve the position of nature. The exertion of influence by organisations is a traditional element of Swiss politics. The nature conservation organisations bring in their claims and their expertise on all political levels and at all stages of legislation.
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Marti, Fritz. "Erste Erfahrungen mit der neuen Waldgesetzgebung | Initial consequences of new forest legislation." Schweizerische Zeitschrift fur Forstwesen 153, no. 7 (2002): 251–52. http://dx.doi.org/10.3188/szf.2002.0251.
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On the 1st July 1995 the new cantonal glarner forest law came into force, the first such law based on the federal forest law of 4th October 1991. Experiences gained with regard to those articles which brought changes are of particular interest, such as the level of compensation for clearing, management of the forest, prohibition of traffic on forest roads, forestry organisation,the handling of natural catastrophes, forestry planning and the forest conservation concept.
Dissertations / Theses on the topic "Forestry law and legislation – Kenya"
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Martus, Christopher E. "The distribution and objectives of local forestry-related ordinances in the United States." Thesis, This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-08042009-040400/.
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Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.
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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
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Khakali, Linda Anyoso. "The role of financial regulators in the Kenyan economy." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/11114.
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Financial regulation is a subject that is more often than not regarded as distant and yet another level of bureaucracy that has to be endured by both the public and private sectors. The significance of creating and maintaining an efficient and effective system to regulate financial markets, financial institutions and financial service providers is a salient feature in the development of a country’s economic health. The recent global economic crises of 2007/2008 and the economic hurdles accompanying those events are perhaps the most dramatic instances of how necessary the implementation of efficient and effective financial regulation is. The international financial system has experienced a retinue of changes in the last two decades. One of the main challenges of financial regulators has been to keep abreast of as well as adapt to these changes, which are of an international nature. In a majority of countries, the financial sector is one of the most intensely regulated and supervised industries. Over a period of time, it has become evident that regulatory arrangements have a formidable impact on: i. The size, structure and efficiency of a financial system; ii. The business operations of financial institutions and markets; iii. Competitive conditions both overall and between sub-sectors of the system. The impact of regulation can either be stagnant or progressive; this depends on how the objectives of regulation are defined and how efficiently regulatory arrangements are related to their objectives. The issue at hand is to engage regulatory institutions, structures and mechanisms for supervision and enforcement need to be implemented because they are pertinent to the formal regulatory requirements in the overall regulatory regime. Effective financial regulation would be unable to exert its objectives in the absence of efficient supervision and enforcement. In numerous countries the institutional structure of regulation has experienced change or is in the process of change. Different models of institutional structure are availed such as the single/consolidated model, the twin-peak model and the multiple regulator model. For example, the United Kingdom has embraced the single/consolidated regulator model while Australia has employed the twin-peak regulator model. Kenya operates on the multiple regulator model. This report addresses the role of financial regulators in the Kenyan economy. The objectives of the research are to: Provide comprehensive information about the theory and practice of financial regulation; Identify the financial regulators in Kenya and define their roles; Address the issue of multiple regulators and the duplicity of roles; Discuss international trends in regulation and examine different regulatory regimes; Consider the viability of a single/consolidated regulatory regime in Kenya; Suggest a possible future regulatory regime for Kenya and identify the key issues associated with such a regime; Suggest areas for further investigation and research.The approach of this report will constitute the following: Chapter 1 discusses the rationale for the research, objectives, scope and scale of the research, preliminary literature review and the research methods to be employed. Chapter 2 focuses on financial regulatory systems in general as well as an extensive analysis of financial regulators in Kenya. Chapter 3 combines the research methods employed and also contains a comparative analysis of the regulatory regime. Chapter 4 examines the findings of the research, the lessons learnt and the regulatory responses. Chapter 5 includes recommendations towards improvement of regulatory systems and an executive summary of outstanding policy issues and priorities in Kenyan financial regulation.
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Lewis, Glennis M. "Protecting Canada's natural ecosystems from invasive alien plant species: Is sub-national weed control legislation up to the task?" Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/27388.
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Invasive alien plant species pose a serious threat to Canada's natural ecosystems. It is the thesis of this paper that sub-national laws are important tools in combatting such species that are naturalized and spreading within provincial and territorial boundaries. Weed control acts in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, and Prince Edward Island and the plant health protection acts in New Brunswick, and Newfoundland and Labrador are a strong basis to combat invasive alien plant species.
However, since these laws were enacted for weeds in agro-ecosystems, they are not up to the task of protecting natural ecosystems from invasive alien plant species. In some provinces and territories, there is a need to fill gaps in the law and ensure that it applies in a clear and uniform manner to all natural ecosystems. Numerous other revisions are recommended to make applicable provincial and territorial laws more effective.
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廖洪濤 and Hung-to Liu. "Urban forestry in China: a biogeographical study in Guangzhou city." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31239031.
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Khayundi, Francis Mapati Bulimo. "The effects of climate change on the realisation of the right to adequate food in Kenya." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003190.
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This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly disparate and disconnected nature, both the human rights and climate change regimes seek to achieve the same goal albeit in different ways. The thesis argues that a considerable portion of the Kenyan population has not been able to enjoy the right to food as a result of droughts and floods. It adopts the view that, with the effects of climate change being evident, the frequency and magnitude of droughts and floods has increased with far reaching consequences on the right to food. Measures by the Kenyan government to address the food situation have always been knee jerk and inadequate in nature. This is despite the fact that Kenya is a signatory to a number of human rights instruments that deal with the right to food. With the promulgation of a new Constitution with a justiciable right to food, there is a need for the Kenyan government to meet its human rights obligations. This thesis concludes by suggesting ways in which the right to food can be applied in order to address some of the effects of climate change. It argues that by adopting a human rights approach to the right to food, the State will have to adopt measures that take into consideration the impacts of climate change. Furthermore, the State is under an obligation to engage in activities that will not contribute to climate change and negatively affect the right.
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Dlamini, Cliff Sibusiso. "Towards the improvement of policy and strategy development for the sustainable management of non-timber forest products: Swaziland: A case study." Thesis, Stellenbosch : University of Stellenbosch, 2007. http://hdl.handle.net/10019.1/1174.
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Makano, Rosemary Fumpa. "Does institutional capacity matter? a case study of the Zambian Forestry Department /." Diss., St. Louis, Mo. : University of Missouri--St. Louis, 2008. http://etd.umsl.edu/r3321.
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Abdulkadir, Abdulkadir Hashim. "Reforming and retreating: British policies on transforming the administration of Islamic Law and its institutions in the Busa‘idi Sultanate 1890-1963." Thesis, University of the Western Cape, 2010. http://hdl.handle.net/11394/1651.
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Magister Legum - LLM<br>After the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa‘idi Sultanate, the British colonial authorities managed to transform the administration of Islamic law and its institutions. Key areas of the transformation process included the formalisation of the administration of Islamic law in which procedural laws related to MPL and wakf regulations were codified. Kadhi courts and wakf commissions were institutionalised and incorporated into the colonial apparatus. In the process of transforming the kadhi courts, the British colonial authorities adopted three major policies: institutional transformation, procedural transformation, and exclusion of criminal jurisdiction from kadhi courts. The focus of the transformation process was on the curtailment of kadhis powers. By 1916 criminal jurisdiction was removed from kadhis and their civil jurisdiction was gradually confined to MPL. Other significant areas of the transformation process were the wakf institutions and slavery. Wakf institutions were related to land issues which were crucial to the colonial politics and the abolition of slavery in the Busa‘idi Sultanate was a primary concern of the British colonial administration. Through policies of compromise and coercion, the British colonial officials managed to gradually abolish slavery without causing political or social upheavals in the Sultanate. Due to the fact that there was no uniform policy on the transformation exercise undertaken by the British colonial officials on the ground, the reform process was marked with transformative contradictions which seemed to be a hallmark of British colonial policy in the Busa‘idi Sultanate. For instance, British colonial policies on transforming wakf institutions were caught in a contradiction in that, on the one hand, colonial efforts were geared towards transforming the land system in order to achieve economic development, and on the other hand, the British colonial officials were keen to uphold a paternalistic approach of adopting a non-interference policy in respect of religious institutions. Similarly, in abolishing slavery, the British colonial government, on the one hand, was under pressure from philanthropists and missionaries to end slavery, and, on the other hand, the British colonial officials on the ground portrayed their support of the slave owners and advocated a gradual approach to abolish slavery. Findings of this thesis reveal that the British colonial administration managed to achieve complete reform in some cases, such as, the abolition of liwali and mudir courts and confining kadhis’ civil jurisdiction to MPL, while in other areas, such as, the management of wakf institutions and the abolition of slavery, the British faced resistance from the Sultans and their subjects which resulted in partial reforms. Hence, in the process of transforming the administration of Islamic law and its institutions in the Busa‘idi Sultanate, the British colonial administration adopted a dual policy of reforming and retreating.<br>South Africa
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Ndulu, John Kimuli. "Factors affecting institutional transformation : a case for a microfinance regulatory framework in Kenya." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/8474.
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Thesis (MDF)--University of Stellenbosch, 2010.<br>Regulating microfinance activities has been an important policy concern in improving financial
inclusion and extending financial services to all. However, introducing a regulatory framework of
any kind pushes targeted institutions to change. In this case, microfinance regulatory framework
that came to effect in 2008 has created three tiers of microfinance institutions: prudentially
regulated deposit-taking institutions, credit only and unregulated informal groups. Those
undertaking deposit-taking business were required by this regulation to transform their operations
to comply with the requirements. Though many institutions wanted to be allowed to mobilise public
deposits, only three institutions had managed to obtain at least a provisional license two years after
the regulation became operational. The purpose of this research is to establish the factors affecting
this microfinance transformation process in Kenya.
Experiences around the world indicate that microfinance regulatory frameworks are dogged with a
myriad of challenges that, at times, has limited the enjoyment of benefits of regulation. These
challenges affect both the regulator and institutions being regulated. This study identifies several
important factors affecting the transformation process of microfinance institutions in Kenya. These
include the ability to meet capital requirements, restructuring existing ownership and getting new
shareholders, ability to raise funds for transformation, acquiring suitable information systems,
motivation to be regulated, governance issues and managerial inertia. These factors explain why
certain institutions have moved faster than others in the transformation process and why some
have opted to remain credit only.
Books on the topic "Forestry law and legislation – Kenya"
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Guinea, Papua New. Forestry regulations, 1998. Designed & printed by Publication & Printing Unit, Mapping Branch, National Forest Service, 1998.
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Finland. Forestry legislation in Finland: Unofficial translation. Govt. Print. Centre, 1992.
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Guinea, Papua New. Forestry (Amendment) Act 1993. Independent State of Papua New Guinea, 1993.
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Guinea, Papua New. Forestry (Amendment) Act 2000. Papua New Guinea Forest Authority, 2001.
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Simiyu, N. T. T. Income tax in Kenya: Incorporating 1988 amendments. Trident Pub. Co. Ltd., 1988.
Find full textBook chapters on the topic "Forestry law and legislation – Kenya"
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Cottrell, Jill. "Constitutionalizing Public Participation in Kenya." In The Indian Yearbook of Comparative Law 2016. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199482139.003.0009.
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Examining the Constitution of Kenya 2010, the chapter picks up its concept of public participation in decision-making and a more active form of democracy than simply voting once in five years. In Kenya, Parliament and other legislatures, as well as executive bodies and the judiciary’s administration regularly invite public input into their decision-making processes. The courts have held some legislation, though not at the national level, invalid for want of adequate participation, while the Supreme Court, rather the chief justice, has set out principles of participation in a major judgment. The chapter traces the rationale and the history of this development, and attempts a preliminary assessment of its impact on Kenyan democracy. Suggestions are also made for making public participation more effective.
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Mikinyango, Asha. "The Emergence of Sports Law in Kenya." In Advances in Business Information Systems and Analytics. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-5387-8.ch011.
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Sports law is a relatively new topic in Kenya. Once played for recreational purposes and entertainment, sports have become professionalized and commercialized. This evolution led to government intervention to prevent a conflict of interest. The government in Kenya created and regulated the infrastructure supporting these sports, as well as provided dispute resolution mechanisms for arising issues. This infrastructure included both the legal and structural frameworks of the industry. The government intervention ran through the legislature and the judiciary. Through the legislature, the government created laws to regulate the sports industry. The judiciary adjudicated issues demanding judicial treatment. Sports have grown into a highly competitive industry with global pervasiveness. This chapter will discuss regulative and structural frameworks within the sports industry by highlighting the legislation primarily providing sports law. The chapter then highlights contemporary issues as well as make recommendations on the same.
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Ezumah, Bellarmine, and Suraj Olunifesi Adekunle. "A Review of Privacy, Internet Security Threat, and Legislation in Africa." In Internet and Distributed Computing Advancements. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-4666-0161-1.ch005.
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This chapter serves as a collection of works that were done in the area of cybersecurity in Africa—with a focus on four countries representing the cardinal points in Africa: Kenya, Nigeria, Egypt, and South Africa. It presents detailed information on the legislative framework proposed and implemented by these countries to combat and control cybercrimes. Notable among them are the Egypt’s e-Signature Law 15, Kenya’s e-Transaction Bill, Nigeria’s Computer Security and Critical Information Infrastructure Protection Bill, and South Africa’s Electronic Communications and Transaction Act. Equally, these legislative measures were commended, criticized, and factors that militate their implementation are discussed. The ultimate realization is that cybercrime can never be abolished; rather, every effort aims at combating and controlling it in some way. Finally, the chapter posits areas that the African nations can improve in their quest for making cyberspace safer.