Relevant bibliographies by topics / Law, kenya

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Law, kenya'

Author: Grafiati
Published: 4 June 2021
Last updated: 28 January 2023

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Journal articles on the topic "Law, kenya"

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Zwier, Paul J., and David Sergio Glajar. "Wildlife Poaching and Rule of Law in Kenya." Law and Development Review 11, no. 2 (June 26, 2018): 879–912. http://dx.doi.org/10.1515/ldr-2018-0040.

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Abstract A look into the relationship between general rule of law development, from a distinctly Christian analytical perspective, and wildlife (namely elephant) poaching in Kenya. How can the concrete establishment of a solid legal foundation and rule of law help combat widespread elephant poaching in Kenya and the surrounding regions? How can rule of law development help to create a “Kenyan-specific” solution to this issue?
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Gathii, James Thuo. "Kenya's Piracy Prosecutions." American Journal of International Law 104, no. 3 (July 2010): 416–36. http://dx.doi.org/10.5305/amerjintelaw.104.3.0416.

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Kenya became a primary destination for the prosecution of pirates captured off the coast of Somalia from late 2008 to late 2009. Yet none of the pirates being tried in Kenya as of April 2010 were captured by Kenyan armed forces but, rather, by non-Kenyan forces whose countries had signed agreements with Kenya for it to conduct such trials. In Resolution 1851 of December 16, 2008, the United Nations Security Council had urged states and regional organizations to enter into such agreements. Kenya accordingly concluded agreements on prosecuting suspected pirates with the United Kingdom, the United States, the European Union, and Denmark. According to media reports, and as Kenya recently acknowledged, two others were negotiated, with China and Canada. Only the EU-Kenya agreement has been published. The British foreign secretary told the House of Commons that Kenya did not want its agreement with the United Kingdom to be made public. Consequently, it may well be that a Kenyan preference for secrecy prevented the public release of information on the other agreements signed by Kenya.
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Makulilo, Alex B. "Cyber law in Kenya." Information & Communications Technology Law 22, no. 1 (March 2013): 86–87. http://dx.doi.org/10.1080/13600834.2013.774519.

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Brian Sang, Y. K. "Horizontal Application of Constitutional Rights in Kenya: A Comparative Critique of the Emerging Jurisprudence." African Journal of International and Comparative Law 26, no. 1 (February 2018): 1–27. http://dx.doi.org/10.3366/ajicl.2018.0217.

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This article analyses how constitutional rights in Kenya apply horizontally and their implications for private legal relations. It demonstrates that while Kenyan case law on point is relatively progressive, unresolved conceptual issues remain. It therefore draws on comparable South African and Irish experiences to fill in the normative gaps in Kenya.
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Mogere, Mogere, and Wilson Muna. "Impact of Resource Allocation on the Performance of Kenya Police Officers in Nairobi City County, Kenya." Journal of Public Policy & Governance 6, no. 2 (November 3, 2022): 98–114. http://dx.doi.org/10.53819/81018102t4098.

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The coming into force of the constitution of Kenya 2010 has led to several restructuring efforts in the Kenya law enforcement agency. The national law enforcement agency structure review focused on improving the efficiency and effectiveness of Kenya’s law enforcement agency. For a number of years, the service delivery has not fully reflected the mission statement, of the Kenya law enforcement agency of providing quality service to meet and exceed the expectations of the public. This study sought to determine the impact of police restructuring on the performance of Kenyan police officers in Nairobi City County. The purpose of this study was to determine the effect of resource allocation on the performance of Kenyan police officers in Nairobi City County. This study was anchored on human capital theory and resource dependency theory. This employed in a descriptive study approach, and targeted 3739 Kenya police officers working in Nairobi City County, consisting of 33 Gazetted Officers, 206 members of the Inspectorate and 3500 officers of other ranks, from which a random sample of 361 officers was drawn and used for the study. A structured questionnaire was used was used to collect quantitative data from Kenya police officers of the rank of Inspector and below whereas an interview guide was used to collect qualitative data from Gazetted officers and Chief Inspectors of Police. A total of 246 questionnaires out of a sample of 338 were filled and returned representing a 72.8% return rate whereas a total of 21 interview guides out of a sample of 23 were filled and returned representing a 91.3% return rate.SPSS software aided analysis using descriptive and inferential statistics. The findings revealed that resource allocation had a positive and statistically significant influence on the performance of Kenya police officers. More resources tailored to areas of deployment and nature of assignment to be provided. Finally, the study proposes a further research on the influence of police-community linkage as a result of restructuring, on police officers’ performance and the influence of police integration in the community on the police officer’s performance. Keywords: Resource Allocation, Police Officers, Restructuring, Resource availability, Performance
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Kareithi, Monicah, and Frans Viljoen. "An Argument for the Continued Validity of Woman-to-Woman Marriages in Post-2010 Kenya." Journal of African Law 63, no. 3 (October 2019): 303–28. http://dx.doi.org/10.1017/s0021855319000263.

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AbstractWoman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions of article 45(2) of Kenya's Constitution of 2010 and section 3(1) of the Marriage Act of 2014, which stipulate that adults only have the right to marry persons of the opposite sex. However, a holistic and purposive reading of the constitution, taking into consideration its recognition of culture and the protection of children as important values in Kenyan society, and considering the historical context within which the provisions concerning same-sex marriages were included, leads to the conclusion that these provisions were not intended to proscribe the cultural practice of woman-to-woman marriage in Kenya. The constitutional validity of woman-to-woman marriage opens the door to a more expansive and fluid understanding of “family” in Kenya.
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Murungi, Lucyline Nkatha. "Consolidating Family Law in Kenya." European Journal of Law Reform 17, no. 2 (June 2015): 317–28. http://dx.doi.org/10.5553/ejlr/138723702015017002009.

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Siringi, Samuel. "Kenya proposes tobacco-compensation law." Lancet 363, no. 9425 (June 2004): 1963. http://dx.doi.org/10.1016/s0140-6736(04)16444-1.

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Otieno, Irene. "Efficiency of Copyright Law in the Digital Space in Kenya." Strathmore Law Review 1, no. 2 (June 1, 2016): 25–44. http://dx.doi.org/10.52907/slr.v1i2.74.

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The emergence and use of new technologies such as Peer-to-Peer (P2P) file sharing has brought with it numerous controversies particularly for intellectual property. P2P technologies function by granting its users access to files stored on another P2P user’s hard drive thus enabling them to download on-demand from users who have granted them such access. This aspect of the P2P networks (making files available for download), has been argued to be a violation of the exclusive rights granted by copyright. Consequently, a new right of making available was introduced via the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT) to supplement the existing copyright regime thus making it more adaptable to the digital age. The lack of ratification of the WCT and the lack of recognition of this right in Kenya, points to an inefficiency of Kenyan copyright laws to prevent P2P sharing of protected works in Kenya.
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Kaunda Kodiyo, Kenneth. "Intestacy Laws and the Influences of Colonialism – The Case of Kenya, in Comparison with the English and Australian Laws of Succession." Zbornik Pravnog fakulteta u Zagrebu 71, no. 1 (May 29, 2021): 93–126. http://dx.doi.org/10.3935/zpfz.71.1.05.

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Intestacy law is derived from the traditional values, but it can be also under the influences of societies across the world. As a field of private law, the law of intestate succession can, in the long run, resist the non-voluntary, i.e., imposed reception of such rules of and forced by a coloniser. Compared to the flexible regulations, e.g., of the law of obligations, which are therefore more capable of legal transplant, intestate succession is based on deeply enrooted customs of a nation. Thus, these rules can rigidly persist under the pressure of colonisation. Kenya and Australia, two countries with significant differences in their cultural and legal traditions, were, in a diverse way, colonised by England. The article analyses the intestacy laws in these three countries, with the emphasis on Kenya. It especially discusses the reasons for pushing for strong intestacy laws to protect the widow in Kenyan Laws compared with the Australian and English Laws.
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Dissertations / Theses on the topic "Law, kenya"

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Mbithi, Peter Mutuka. "International commercial arbitration in Kenya: is arbitration a viable alternative in resolving commercial disputes in Kenya?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12893.

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The purpose of this paper was to determine whether arbitration is a viable alternative for resolving commercial disputes in Kenya. More so, because Kenya has adopted the UNCITRAL Model law, 1985 and revised the same in line with the model law, 2006. Furthermore, Kenya has set up the Nairobi Centre for International Arbitration, with an aim to promote and improve the conducting of arbitrations in the country. To answer the research question, the writer looked at the history of the arbitration law in Kenya, how the communities living in Kenya settled their disputes. In doing so, the writer looked at the dispute resolution mechanisms of the Kamba, the Kikuyu and the Kipsingis, all communities living in Kenya before the country was colonised by the British. We also looked at how the law of arbitration was introduced. Having established the basis of the Arbitration law in the country, the writer canvassed on the development of the law since independence in 1963 to the current situation. This included the support recently given to alternative dispute resolution mechanisms by the Constitution of Kenya as well as the establishment of the Nairobi Centre for International Arbitration. The writer also gave an overview of the role of the court in arbitration in Kenya, giving instances and examples at which the law envisages the involvement of the court in the arbitration process. Court supervised arbitration was also canvassed. The paper went on to look at the situation of commercial arbitration in two other developing countries in Africa, South Africa and Mauritius. It was found that Mauritius, which enacted its International Arbitration Act in 2008, has moved decisively to market itself as a viable, safe and prospective place of international commercial arbitration. It was also established that South Africa has not been able to review its Arbitration law, which was enacted in 1965. Last the writer looked at the opportunities, the benefits and the challenges that face arbitration in Kenya today. The research was limited by the fact that it was not possible to write about the practice of all communities in Kenya and therefore the three chosen were taken as samples to represent all the others.
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Torgbor, Edward Nii Adja. "A comparative study of law and practice of arbitration in Kenya, Nigeria and Zimbabwe, with particular reference to current problems in Kenya." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80182.

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Thesis (LLD)--Stellenbosch University, 2013.
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ENGLISH ABSTRACT: Arbitration as a mode of dispute settlement has been growing steadily all over the world. The momentum for commercial arbitration in particular was provided by the 1985 UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”). Legislation based on the Model Law has been enacted in many countries. The arbitration laws of three of these countries, Kenya, Nigeria and Zimbabwe, are selected for consideration in this dissertation because of their common origins, similar statutes, similar problems, shared experiences, and their regional distribution. As the writer’s arbitration practice is based in Kenya, that jurisdiction is the primary, albeit not the only, source and foundation for this work, the focal point of reference and the citations from the law and practice incorporated in this research. The work consists of three chapters. Chapter one is a brief introduction and an overview of arbitration. This is followed by the statement of the research question, the justification for the research, methodology and the structure and content of the dissertation. Chapter two describes the legal and contextual framework for the investigation of the research questions in the selected jurisdictions of Kenya, Nigeria and Zimbabwe. Customary Law arbitration is included as a significant feature of African arbitration law. The UNCITRAL Model Law, the Arbitration Act, 1995 (Kenya), the Arbitration and Conciliation Act, 1988 (Nigeria), the Arbitration Act, 1996 (Zimbabwe), the Arbitration Act, 1996 (England), and the South African Draft Arbitration Bill are all used as legislative or statutory points of reference in the discussion of the research questions. Chapter 3 contains the main focus of the dissertation in which six recurrent arbitration problems in Kenya are discussed in the context of domestic arbitration. The research investigates (i) the illusiveness of consent as the basis for consensual arbitration (ii) jurisdictional challenges (iii) the procedural powers of the arbitral tribunal (iv) the disruptive effect of adjournments and postponements on the arbitral process (v) constraints on the granting of interim relief and (vi) the enforcement of the arbitral award. Original, creative and innovative proposals in response to these problems include: the express legislative recognition of the manifestation of consent in both the verbal and written forms of the arbitration agreement, the use of the constructive dispute resolution technique, statutory recognition of customary law arbitration, the use of an expedited arbitration procedure, the award of exemplary and punitive damages in arbitration, a code of sanctions to facilitate the arbitration process, and a simplified method of enforcement and execution of the arbitral award. The dissertation concludes with reflections on the future of arbitration in Africa, and the need for modernization and harmonization of arbitration laws for peaceful resolution of disputes and serious conflicts across Africa. The aim of this study is best illustrated by a short story: In the early nineties there was a man, untrained in any known discipline, who strutted court corridors, trade centres and market places, carrying a placard advertising himself to lawyers, traders and marketers as “An Arbitrator and Private Judge”. He attracted business, charged a handsome percentage fee on the value of the claim, was duly paid, until officialdom caught up with him and put paid to his burgeoning career as “Arbitrator-Judge”. But the reckless enthusiasm spawned by his wit and imagination, and the idiosyncratic practices in dispute resolution persisted and are manifest in Kenyan arbitration culture today. The need to remove bad practices, avoidable impediments, and inefficiency in the arbitration culture of Kenya in order to make its procedures and processes more efficacious, is the heart of this study.
AFRIKAANSE OPSOMMING: Arbitrasie as ‘n wyse van geskilbeslegting is wêreldwyd aan die toeneem. Die 1985 UNCITRAL Modelwetgewing insake Internasionale Kommersiële Arbitrasie het die momentum hiervoor gebied. Talle lande het vervolgens gereageer deur wetgewing geskoei op hierdie model te promulgeer. Die arbitrasiereg van drie lande, tewete Kenia, Nigerië en Zimbabwe, is vir doeleindes van hierdie proefskrif gekies op die basis van gemeenskaplike geskiedenis, soortgelyke wetgewing, soortgelyke probleme, gedeelde ervaringe en regionale verspreiding. Aangesien die skrywer se arbitrasie-praktyk in Kenia gebaseer is, word hierdie jurisdiksie as die primêre, alhoewel nie die enigste, bron en basis vir die navorsing gebruik. Die werk beslaan drie hoofstukke. Hoofstuk een verskaf ‘n kort inleiding tot en oorsig van die reg rakende arbitrasie. Dit word gevolg deur die navorsingsvraag, die rasionaal vir die navorsing, metodiek en die struktuur en inhoud van die proefskrif. Hoofstuk twee bied die regs- en kontekstuele raamwerk vir die ondersoek in die gekose jurisdiksies, nl. Kenia, Nigerië en Zimbabwe. ‘n Bespreking van gewoonteregtelike arbitrasie word ingesluit, aangesien dit ‘n belangrike deel van Arbitrasiereg in Afrika uitmaak. Die UNCITRAL Modelwetgewing, die Wet op Arbitrasie 1995 (Kenia), die Wet op Abitrasie en Konsiliasie 1988 (Nigerië), die Wet op Arbitrasie 1996 (Zimbabwe), die Wet op Arbitrasie 1996 (Engeland) en die Suid-Afrikaanse Konsepwet op Arbitrasie word gebruik as die statutêre basis vir die bespreking van die navorsingsvrae. Hoofstuk 3 handel met die hooffokus van die proefskrif. Ses probleme wat telkemale opduik in die konteks van plaaslike arbitrasies in Kenia, en wat as die navorsingsvrae geïdentifiseer is, word vervolgens bespreek. Hierdie probleme is (i) die ontwykendheid van toestemming as basis vir arbitrasie deur ooreenkoms; (ii) jurisdiksionêre uitdagings; (iii) die proseduele magte van ‘n arbitrasie tribunaal; (iv) die onderbrekende effek van verdagings en uitstelle van arbitrasie-verhore; (v) beperkinge op die verlening van tussentydse regshulp, en (vi) afdwinging en uitvoering van die arbitrasie-toekenning. Oorspronklike, kreatiewe en innoverende voorstelle as antwoord op hierdie probleme sluit in: die uitdruklike statutêre erkenning van toestemming tot arbitrasie in beide mondelinge en geskrewe vorms; die gebruik van konstruktiewe dispuutoplossingstegnieke; statutêre erkenning van gewoonteregtelike arbitrasies; die gebruik van ‘n versnelde arbitrasie-prosedure; die verlening van skadevergoeding in die vorm van ‘n strafbedrag; ‘n kode van sanksies om die arbitrasie proses te fasiliteer; en ‘n vereenvoudigde wyse waarop arbitrasie-toekennings afgedwing en uitgevoer kan word. Die proefskrif sluit af deur die toekoms van arbitrasie in Afrika te bespreek, asook die behoefte aan modernisering en harmonisering van arbitrasiereg ten einde geskille dwarsoor Afrika op ‘n vreedsame wyse te kan besleg.
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Meroka, Agnes K. "A feminist critique of land, politics and law in Kenya." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/56361/.

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Land in Kenya has social, economic and political dimensions, which overlap and conflict. Land conflicts are one of the root causes of political crises which the country has experienced since the formation of the modern state through colonialism. Although the link between land and politics has been much studied, the gender dimension has been neglected. Where it has been addressed within the women‟s land rights discourse there has been a failure to appreciate the multi-dimensionality of land, addressing only the economic implications from a gender perspective. As a result there is little analysis of the way in which women experience inequalities arising out of political processes which shape and influence Kenya‟s land system. In 2008, the Commission of Inquiry into Post Election Violence (CIPEV) reported various types of inequalities which women faced with regard to land, and which arose as a result of distributional land problems in the country. It raised for the first time the way in which gender and ethnicity intersected to produce the inequalities and disadvantages women experienced during the period of election violence. This thesis addresses this intersectionality. It argues that the nature of women‟s inequality with regard to land in Kenya is much broader than questions of rights of access, control and ownership and consequently that gender inequality relating to land is Kenya is mis-framed. It analyses the nature of this mis-framing and drawing on the fieldwork conducted within three communities argues that what is needed is a contextualised understanding of intersectionality. Such an understanding of intersectionality requires analyses of the interplay between law and politics, and how this interplay produces experiences of inequality and disadvantage amongst women.
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Hassan, Yussuf. "Right of Peoples to Self-determination: NFD Case in Kenya." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-173938.

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Okumu, Hannington Owuor. "The evolution of air law in Kenya and its current challenges." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ29839.pdf.

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Okumu, Hannington Owuor. "The evolution of air law in Kenya and its current challenges /." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27464.

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This thesis examines the historical evolution of air law in Kenya, its content and current challenges. Part One is a historical introduction designed to provide a brief background knowledge and information necessary for a proper understanding of the geo-political and socio-economic foundation of air law in Kenya. It focuses on colonization process of East Africa with particular reference to Kenya.
Part Two discusses the character and content of British air law and regulations exported to Kenya respecting aviation and attempts to analyse at the juridical basis of these regulations, Orders in Council and sub-delegated legislation. Effects on transition to independence on these laws is also examined in this part.
Part Three identifies and analyses the major post-independence developments in air law and the present regulatory system. Kenya's practice with regard to international aviation treaties is also briefly discussed.
The final part is an incursive summary of the preceding parts and possible conclusions drawn therefrom. Here, we also proffer some suggestions we think might be useful to Kenya's overall regulatory system.
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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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Ndungu, Martha Wanjiru. "Employee rights over inventions and innovations in employment in Kenya." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20817.

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We live in an economy where intangible assets have become valuable commodities. These intangible assets are created by individuals, or groups who apply their creativity and ingenuity appropriately. The result of such ingenuity and creativity is product that is deemed to be so important that it qualifies for legal protection. Such assets will benefit any individual, business, company or enterprise that has the ownership right or title and the ability to commercially exploit the asset. Therefore, there is an interest in the ownership and control of the assets as well as the manner in which legal entitlement is devised by the law. Where, the asset is an invention that is patentable the law has granted the employer ownership. This thesis considers how the law balances the right it gives to the employer and the compensation it grants the inventive employee. The thesis seeks to ensure that an employee-inventor has been adequately compensated for his ingenuity and for producing the fruits of his creativity.
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Kwonyike, Joshua K. "Legal pluralism in Kenya : a study of Tugen-Arror customary family law." Thesis, University of the West of England, Bristol, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.392856.

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This thesis looks at legal pluralisln in fatnily law. Its Inain concern can be divided into two: the extent of co-existence of indigenous customary family law in a Kenyan society on one hand, and state law (principles and rules) regulating family relations, on the other. This study was based on the Tugen-Arror ethnic community in the Rift Valley Province. One among the 43 ethnic groups found in Kenya; a country colonised by Britain from 1895 to 1963. This left a legal structure which is pluralistic in nature. Nothing confirms this more than the sources of law, the institutions and procedures that exist today. As indicated in this thesis, the sources of law in Kenya can be divided into two main categories: First and foremost, those referred in the thesis as 'inherited' or 'official' state laws which were at first introduced during the colonial rule and later through the post-colonial legal institutions. Secondly, those referred in here as 'indigenous' or 'customary law'. These are custolnary 'legal' norms representing the many ethnic communities in Kenya. The aim of the dissertation, therefore, concerns the implications of legal plurality, the co-existence of different legal principles, institutions and processes all interconnected with the various sources of law, on the general operation of customary family law in Kenya. This co-existence of diverse competing legal systen1s, institutions and processes creates an inevitable conflicting situation. This is nowhere better observed than in the rules and processes connected with customary family relations; particularly in marriage, brideprice, divorce and issues pertaining to parentchild relations (adoption, guardianship and fosterage). In the process of discussing these customary family related matters under the auspices of Tugen-Arror customary law, the different facets of customary and family rules, behaviours, relationships and likewise principles, rules and relations under state law are highlighted. The reason for doing so is to try and reveal the different aspects of Tugen-Arror customary practices that differ from those observed in other communities. The dissertation therefore, focuses mainly on the customary practices of the Tugen-Arror community, at a period of social, economic and political change exerted by forces unrelated to their traditional past, values and aspirations deeply entrenched and in which any social change taking place does so with the interest of the wider family at its core.
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Oseko, Julie Ouma. "Judicial independence in Kenya : constitutional challenges and opportunities for reform." Thesis, University of Leicester, 2012. http://hdl.handle.net/2381/27703.

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The judiciary in Kenya has been progressively viewed as subservient to the executive, an upholder of state power and a poor protector of citizens’ rights. The rejection of the judiciary as an independent and impartial arbiter of disputes was a major contributor to the post-election violence experienced in December 2007 which resulted in anarchy and massive loss of lives and property. This thesis contends that there is a contextually symbiotic link between separation of powers, judicial independence and the rule of law. While focusing on the relationship between the judiciary and the executive, the research highlights the dangers of failure to maintain the appropriate balance of power between the executive, judiciary and the legislature, its ramifications to judicial independence and the rule of law. By analysing secondary data and using Kenya as a case study, this relationship is chronologically traced from the pre-colonial, colonial, independence and post-independence periods. An examination of successive constitutions exposes gaps and weaknesses in constitutional provisions guaranteeing judicial independence. Instances of violation are discussed with examples as confirmation that such protection was minimal, weak and not respected in practice. A high degree of executive intrusion, influence and control was evident inter alia in appointments, removal, funding and administration. Cumulatively, these factors contributed to the erosion of personal and institutional independence leading to drastic loss of confidence. Opportunities in terms of implemented reforms, especially the newly promulgated Constitution of Kenya 2010 are scrutinised. The thesis concludes that even though complete independence from the executive cannot be achieved nor is it desirable, more robust constitutional protection of judicial independence, coupled with a high degree of autonomy can be a strong guardian against violation. New threats are discovered. Further research, constitutional amendments and use of non-legal initiatives are proposed as key for future judicial reform.
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Books on the topic "Law, kenya"

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Jackson, Tudor. The law of Kenya. 3rd ed. Nairobi: Kenya Literature Bureau, 1988.

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Situma, Francis D. P. Criminal law in Kenya. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.

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Cyber law in Kenya. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

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Kenya. Laws of Kenya: The Constitution of Kenya. Nairobi: Govt. Printer, 1998.

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Cotran, Eugene. Casebook on Kenya customary law. Milton Park, Abingdon, Oxon: Professional Books, 1987.

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Cotran, Eugene. Casebook on Kenya customary law. Abingdon: Professional Books, 1987.

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Akech, J. M. Migai. Kenya: Institutional reform in the new constitution of Kenya. Nairobi, Kenya: International Center for Transitional Justice, 2010.

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Constitutional law of Kenya on devolution. Nairobi: Strathmore University Press, 2015.

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Law of financial institutions in Kenya. Nairobi, Kenya: LawAfrica Pub., 2011.

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K, Gupta S. VAT law and practice in Kenya. Nairobi: Newspread International, 1995.

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Book chapters on the topic "Law, kenya"

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Cotran, E. "Kenya." In Annual Survey of African Law, 111–36. London: Routledge, 2021. http://dx.doi.org/10.4324/9781315862606-9.

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Sundaram, Jae. "Kenya." In Pharmaceutical Patent Protection and World Trade Law, 197–220. New York: Routledge, 2018. | Series: Routledge research in intellectual property: Routledge, 2018. http://dx.doi.org/10.4324/9781315267692-11.

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Shomade, Salmon A. "Kenya." In Colonial Legacies and the Rule of Law in Africa, 79–109. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429355189-4.

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Okubasu, Duncan M. "Common law in Kenya." In The Routledge Handbook of African Law, 114–28. London: Routledge, 2021. http://dx.doi.org/10.4324/9781351142366-7.

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O’Grady Walshe, Clare. "Kenya: A Hyperglobalised Seed Law." In International Political Economy Series, 117–54. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-12870-8_4.

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Otiso, Wycliffe Nyachoti, and Ruth Joyce Kaguta. "Kenya at Fifty: State Policing Reforms, Politics, and Law, 1963–2013." In Kenya After 50, 221–44. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/9781137558305_10.

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Majani, Felix. "Sports Betting in Kenya." In Sports Betting: Law and Policy, 527–37. The Hague, The Netherlands: T. M. C. Asser Press, 2011. http://dx.doi.org/10.1007/978-90-6704-799-9_30.

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Bunei, Emmanuel K., and Oluwagbenga Michael Akinlabi. "Policing Rural Kenya." In Policing and the Rule of Law in Sub-Saharan Africa, 110–21. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003148395-9.

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Olorundami, Fayokemi. "The Kenya/Somalia Maritime Boundary Delimitation Dispute." In Ethiopian Yearbook of International Law, 173–85. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-90887-8_7.

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Omuko-Jung, Lydia A. "Climate Change Litigation in Kenya: Possibilities and Potentiality." In Ius Comparatum - Global Studies in Comparative Law, 387–408. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-46882-8_20.

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Conference papers on the topic "Law, kenya"

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Babafemi, Oyinlola, and Adewale Akinfaderin. "Predicting and Analyzing Law-Making in Kenya." In Proceedings of the The Fourth Widening Natural Language Processing Workshop. Stroudsburg, PA, USA: Association for Computational Linguistics, 2020. http://dx.doi.org/10.18653/v1/2020.winlp-1.26.

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Santuraki, Suleiman Usman. "Anti-fake News Legislations and Free Speech: A Comparative Evaluation of the Trends in Germany, Malaysia, and Kenya." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010049502960305.

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Lilian, Simiyu E., Mburu Esther, and Rukunga Allan. "Drill Cuttings and Fluid Disposal; A Kenyan Case Study." In SPE/AAPG Africa Energy and Technology Conference. SPE, 2016. http://dx.doi.org/10.2118/afrc-2580389-ms.

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ABSTRACT The objective of this research paper was to explore the health, safety, sustainability and social responsibility during disposal of cutting and drilling fluids in Kenya in regard to what affects the choice of method of disposal, the Kenyan government's regulatory requirements on disposal of the drilling wastes, methods of addressing drilling wastes, ways of reducing the volume of wastes, hierarchy of drilling wastes and the pros and cons of various methods of addressing drilling wastes. A comprehensive case study of the approach taken in Kenya with regard to handling of drilling wastes was done. Description for each approach used is provided as obtained through interviews, internet and questionnaires and statistics. Complete tables and graphs are provided and the methods are described in detail to permit readers to understand all results. The choice of method of disposal is determined and affected largely by the government policy and also by economic, technical and operation conditions and barriers. Methods of disposal included injection, thermal treatment, bioremediation, land application. This paper gives the best ways of disposal. A comprehensive description of the Kenyan government regulations is given as indicated in the Kenya Gazette, NEMA and UNEP. This paper gives insight to the acceptable drilling wastes disposal practices in Kenya and are also generally largely applicable other nations. In conclusion, it was found that Kenya would benefit from passing its own laws to regulate disposal in the coming days.
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Kelonye, Festus B., Isaac Ipara Odeo, Ooko Selline, Nashon Samson, and Godfrey S. Juma. "Contextual Enablers and Hindrances of Girl Child Participation in STEM Education in a Kenyan County: A Case Study." In The 3rd International Conference on Future of Education 2020. The International Institute of Knowledge Management, 2020. http://dx.doi.org/10.17501/26307413.2020.3101.

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In Kenya, student performance in sciences and Mathematics is still low compared to artoriented disciplines. The poor performance has affected not only the Girl child’s interest in these disciplines but also the number of girls that take STEM-oriented programs at tertiary levels. Several mitigating measures have been enacted although the situation has not changed much. This paper reports a study that explored contextual enablers and hindrances of Girl Child participation in STEM education in a Western Kenyan county. The study employed a case study approach by administering structured questionnaires, interview schedule and focused group discussion guide for data collection. The data were analyzed using both quantitative and qualitative methods and revealed that: 1) lesson development that connected science concepts to activities in the local context motivated and improved girl child’s participation and performance in contextualized learning activities and 2), familiarity with the materials and tools used in planning and implementing contextualized learning activities evoked the girl child’s enthusiasm and courage to exchange knowledge and ask more curiosity focused questions. Also revealed were hindrances including: 1) teachers’ initial training that did not prepare them for this way of teaching and it was not and has not been modeled for them during their preservice education or the ongoing professional development workshops; and 2) the exam driven nature of the curriculum serving as a hindrance to teacher innovation and creativity in instructional techniques. The study recommends a more creative and innovative teacher training system and focused research to monitor girl child participation and performance in STEM education. Keywords: Contextualized learning; Girl Child, STEM education; performance
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Papastylianou, T., S. Laranjeira, P. Thomson, A. Guazzi, G. D. Clifford, J. Jorge, R. A. Hope, J. Behar, and M. A. Maraci. "Smart handpumps: technical aspects of a one-year field trial in rural Kenya." In Appropriate Healthcare Technologies for Low Resource Settings (AHT 2014). Institution of Engineering and Technology, 2014. http://dx.doi.org/10.1049/cp.2014.0769.

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De Giusti, Giovanna. "Using digital tools to engage Kenyan development students with data." In Teaching Statistics in a Data Rich World. International Association for Statistical Education, 2017. http://dx.doi.org/10.52041/srap.17602.

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This paper describes the use of innovative tools for teaching research methods to undergraduate students in Development Studies and Political Sciences in Kenya. These tools included open educational resources such as those available in Computer-Assisted Statistics Textbooks and Statistics Made Simple. Such resources, rooted in practical examples and real-life scenarios, enabled students understanding theoretical concepts through their application. Open Data Kit, an open- source suite of tools that enables the design of surveys, data collection through mobile devices and data submission to an online server, was used to provide the students with practical experience. These tools can be used to transform teaching and provide graduates with the practical skills required in the field of development. Moreover, they can be successfully deployed in resource-poor environments like Kenya, where relatively few students have access to laptops or computers and the internet connectivity is relatively low, but most have access to mobile devices.
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Osukuku, Godfred, Abiud Masinde, Bernard Adero, Edmond Wanjala, and John Ego. "Integrated Geophysical Interpretation of Kerio Valley Basin Stratigraphy, Kenya Rift." In SPE/AAPG Africa Energy and Technology Conference. SPE, 2016. http://dx.doi.org/10.2118/afrc-2670415-ms.

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Abstract This research work attempts to map out the stratigraphic sequence of the Kerio Valley Basin using magnetic, gravity and seismic data sets. Regional gravity data consisting of isotactic, free-air and Bouguer anomaly grids were obtained from the International Gravity Bureau (BGI). Magnetic data sets were sourced from the Earth Magnetic Anomaly grid (EMAG2). The seismic reflection data was acquired in 1989 using a vibrating source shot into inline geophones. Gravity Isostacy data shows low gravity anomalies that depict a deeper basement. Magnetic tilt and seismic profiles show sediment thickness of 2.5-3.5 Km above the basement. The Kerio Valley Basin towards the western side is underlain by a deeper basement which are overlain by succession of sandstones/shales and volcanoes. At the very top are the mid Miocene phonolites (Uasin Gishu) underlain by mid Miocene sandstones/shales (Tambach Formation). There are high gravity anomalies in the western and southern parts of the basin with the sedimentation being constrained by two normal faults. The Kerio Valley Basin is bounded to the west by the North-South easterly dipping fault system. Gravity data was significantly of help in delineating the basement, scanning the lithosphere and the upper mantle according to the relative densities. The basement rocks as well as the upper cover of volcanoes have distinctively higher densities than the infilled sedimentary sections within the basin. From the seismic profiles, the frequency of the shaley rocks and compact sandstones increases with depths. The western side of the basin is characterized by the absence of reflections and relatively higher frequency content. The termination of reflectors and the westward dip of reflectors represent a fault (Elgeyo fault). The reflectors dip towards the west, marking the basin as an asymmetrical syncline, indicating that the extension was towards the east. The basin floor is characterized by a nearly vertical fault which runs parallel to the Elgeyo fault. The seismic reflectors show marked discontinuities which may be due to lava flows. The deepest reflector shows deep sedimentation in the basin and is in reasonable agreement with basement depths delineated from potential methods (gravity and magnetic). Basement rocks are deeper at the top of the uplift footwall of the Elgeyo Escarpment. The sediments are likely of a thickness of about 800 M which is an interbed of sandstones and shales above the basement.
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Engelkemier, Seiji, Fiona Grant, Jordan Landis, Carolyn Sheline, Hannah Varner, Rebecca E. Zubajlo, Julia Sokol, and Amos Winter. "Feasibility of Pairing a Low-Cost Positive Displacement Pump With Low-Energy Pressure Compensating Drip Irrigation Emitters for Smallholder Farms in Africa." In ASME 2019 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2019. http://dx.doi.org/10.1115/detc2019-98128.

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Abstract In low income countries, existing drip irrigation systems are cost prohibitive to many smallholder farmers. Companies are working to develop efficient, low-cost irrigation systems by using technologies such as positive displacement (PD) pumps and pressure compensating (PC) emitters. However, these two technologies have not been paired in an efficient and cost-effective manner. Here we describe a proof-of-concept pump control algorithm that demonstrates the feasibility of exploiting the physical relationship between the input electrical power to a PD pump and the hydraulic behavior of a system of PC emitters in order to determine the optimal pump operating point. The development and validation of this control algorithm was conducted in partnership with the Kenya-based irrigation company SunCulture. This control method is expected to reduce cost, improve system efficiency, and increase accessibility of irrigation systems to smallholder farmers.
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Kithinji, Winfred. "Adapting Apprenticeships Learning for Youth Employability: Evidences from Selected Dual Vocational Training Projects in Kenya." In Tenth Pan-Commonwealth Forum on Open Learning. Commonwealth of Learning, 2022. http://dx.doi.org/10.56059/pcf10.272.

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Apprenticeships learning is part of the ongoing educational reforms to combat youth unemployment in Kenya. This paper presents findings of a study that assessed five donor-funded apprenticeships training projects using a descriptive research design. Using a sample of 54 respondents from apprentices, employers, schoo-based and in-company trainers, the study established that apprenticeship training improved the quality of vocational training. Moreover, apprenticeship training equipped trainees with market-ready skills that enabled a school-to work transition for employment, with a higher employer preference of apprenticeships’ graduates compared to the school-based track. Similarly, the collaborative engagement of employers during training gave them a source of low cost labor and high productivity so that they could support trainees and the vocational schools. The study recommended the need to mainstream apprenticeships learning in formal vocational training as a sure way of increasing employment opportunities.
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Muthomi Murungi, Nathaniel, and Frederick Haga. "Resilience Through Inclusive Technology: How Organizations are Leveraging Innovative Technology to Achieve Educational Outcomes for Learners with Disabilities." In Tenth Pan-Commonwealth Forum on Open Learning. Commonwealth of Learning, 2022. http://dx.doi.org/10.56059/pcf10.150.

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Education technologies have for long provided learning solutions. This became more important at the onset of the COVID-19 pandemic when physical learning was disrupted globally. Learning from this experience, many countries are thinking of investing in solutions that ensure continued learning while contributing to sustainable development. Technology makes everything easy, including learning and preparing learners for the world of work. It is projected that most work will be technology-based in the coming years. The education and training ecosystem will evolve and innovation will drive the format in which education will be delivered. Increasingly, learning will migrate online and be self-directed and require some future employers. Many countries have embraced innovative and inclusive education technology solutions, whether homemade or exotic. High-income countries have achieved this to a desirable extent, while many low and middle-income countries contend with other competing priorities and economic burdens. As this is happening, there is a need to ensure such education technologies cater for the educational needs of learners with disabilities, recognizing the principles of accessibility, equality and non-discrimination as envisioned by the Convention on the Rights of Persons with Disabilities (CRPD). Kenya has trailblazed in setting education standards that partly prepare the learners for technology in the region. One of the seven key competencies that the Competency-Based Curriculum (CBC) in Kenya aims to achieve is digital literacy, which sets the stage for the government and schools to implement and employ technology and innovation purposively. However, no particular study has documented how and the extent to which institutions of learning are offering education to learners and trainees with disabilities and how they are employing inclusive education technologies for learners with disabilities. This paper aims to document the efforts by government and non-government organizations to leverage innovative technology to achieve educational outcomes for learners with disabilities. Data will be drawn from different programmes that are being implemented nationally. A literature review, document analysis and expert review are used. It is hoped that the insights from this paper will justify the need for additional investment into inclusive education technology by the government, schools and development partners.
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Reports on the topic "Law, kenya"

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Meroka-Mutua, Agnes. Commentary: Using law more effectively towards abandonment of FGM/C in Kenya. Population Council, 2020. http://dx.doi.org/10.31899/rh13.1025.

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Meroka-Mutua, Agnes, Daniel Mwanga, and Charles Owuor Olungah. Assessing the role of law in reducing the practise of FGM/C in Kenya. Population Council, 2020. http://dx.doi.org/10.31899/rh12.1026.

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Lamarque, Hugh, and Hannah Brown. Key Considerations: Cross-Border Dynamics Between Uganda and Kenya in the Context of the Outbreak of Ebola, 2022. Institute of Development Studies, December 2022. http://dx.doi.org/10.19088/sshap.2022.043.

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This brief summarises key considerations concerning cross-border dynamics between Uganda and Kenya in the context of the outbreak of Ebola (Sudan Virus Disease, SVD) in Uganda. It is part of a series focusing on at-risk border areas between Uganda and four high priority neighbouring countries: Kenya; Rwanda; Tanzania, and South Sudan. The outbreak began in Mubende District, Uganda on 19 September 2022, approximately 340km from the Kenyan border. At the time of writing (December 2022), the outbreak had spread to eight Ugandan districts, including two in the Kampala metropolitan area. Kampala is a transport hub, with a population over 3.6 million. While the global risk from SVD remains low according to the World Health Organization (WHO), its presence in the Ugandan capital has significantly heightened the risk to regional neighbours. Kenya is categorised as a priority level 1 country, following a case in Jinja on the road between Kampala and the Kenyan border, on 13 November 2022. A total of 23 suspected cases were tested in Kenya up to 1 December 2022, all with negative results. To date, no case of SVD has been imported into the country from Uganda. This brief provides details about cross-border relations between the two states, the political and economic dynamics likely to influence these, and the specific areas and actors most at risk. The brief is based on a rapid review of existing published and grey literature, news reports, previous ethnographic research in Kenya and Uganda, and informal discussions with colleagues from the International Organisation for Migration, UNICEF, UNDP, Save the Children, the Kenyan Red Cross Society, the Kenyan Ministry of Health (MoH) and Ministry of Livestock, Agriculture and Fisheries in Kenya, and the Safe Water and AIDS project in Kisumu. It was requested by the Collective Service, written by Hugh Lamarque (University of Edinburgh) and Hannah Brown (Durham University) and supported by Olivia Tulloch (Anthrologica). It was further reviewed by colleagues from Anthrologica, the Institute of Development Studies, and the Collective Service. This brief is the responsibility of SSHAP.
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Olwande, John, Miltone Ayieko, John Mukundi, and Nicholas Odhiambo. A Multi-Phase Assessment of the Effects of COVID-19 on Food Systems and Rural Livelihoods in Kenya. Institute of Development Studies (IDS), December 2021. http://dx.doi.org/10.19088/apra.2021.037.

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Kenya confirmed its first case of COVID-19 on 12 March 2020. Like many governments across the world, the Kenyan government implemented various measures aimed at slowing down local spread of the virus and cushioning the population against the negative economic effects of the pandemic and the associated policy restrictions. International organisations and researchers postulated that the measures would negatively affect economic activities and livelihoods, with undesirable implications for poverty and food insecurity. Particularly vulnerable would be populations in developing countries such as Kenya, where many people depend on food systems for their livelihoods, and the majority of those are smallholder farmers who often have low economic power. The objective of this rapid assessment was to investigate the impact of COVID-19 on the food system and the sub-set of the population largely dependent on agriculture in Kenya to inform actions that can assure protection of rural livelihoods and continued access to adequate and affordable food of acceptable quality to the population. This report presents results of that rapid assessment.
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Sitabkhan, Yasmin, Matthew C. H. Jukes, Eileen Dombrowski, and Indrah Munialo. Differentiated Instruction in Multigrade Preprimary Classrooms in Kenya. RTI Press, December 2022. http://dx.doi.org/10.3768/rtipress.2022.op.0084.2212.

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There is little evidence of how differentiated instruction is being implemented, if at all, in low- and middle-income contexts, which often have unique challenges such as availability of resources and large class sizes. In this paper, we present the results of a qualitative study in eight multigrade preprimary classrooms in Kenya. We used classroom observations and teacher interviews to understand how teachers approached differentiation during language and mathematics lessons, including understanding why teachers were making the moves we observed. All teachers differentiated instruction to some extent in our findings, and we provide detailed descriptions of the ways that teachers adapted content to fit the needs of their students. We also provide recommendations, including how to support teachers in creating activities that are appropriate for different abilities of students in the same classrooms, and suggest next steps for research in this area.
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Kimani, Samuel, and Otibho Obianwu. Female genital mutilation/cutting: A review of laws and policies in Kenya and Nigeria. Population Council, 2020. http://dx.doi.org/10.31899/rh13.1021.

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Kimani, Samuel, and Otibho Obianwu. Appendices—Female genital mutilation/cutting: A review of laws and policies in Kenya and Nigeria. Population Council, 2020. http://dx.doi.org/10.31899/rh13.1022.

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Mensch, Barbara, and Cynthia Lloyd. Gender differences in the schooling experiences of adolescents in low-income countries: The case of Kenya. Population Council, 1997. http://dx.doi.org/10.31899/pgy6.1000.

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Abuya, Timothy, and Wangari Ng'ang'a. Report: Getting it Right! Improving Kenya’s Human Capital by Reducing Stunting—A Household Account. Population Council, 2021. http://dx.doi.org/10.31899/sbsr2021.1064.

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In the last two decades, Kenya has attained middle-income status and established a diverse and private-sector-driven economy. On several socIo-economic indicators, such as education, gender equality, and democracy, Kenya scores much higher than its peers. More than two-thirds of Kenyans are under 35 years of age, thus the country’s development hinges on the quality of its youth—their levels of education and skills, their values and attitudes, and the quality of their health and productivity. While Kenya’s investments in the development of its human capital positions the country well to sustain accelerated growth, the trajectory is threatened by high rates of malnutrition, which contributes to the country’s disease burden and has a large effect on socio-economic development. About 26 percent of children in Kenya are stunted, and evidence indicates that poor nutrition in early life can create consequences for learning and future productivity. Women who were stunted as children are likely to give birth to low-birth-weight babies, which is associated with higher levels of morbidity and mortality. This report analyzes the status of stunting in Kenya from a household perspective and points to pathways for addressing it.
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Muñoz Jiménez, José Miguel, and Pablo Moñino Lostalé. El Proyecto ‘Chokáa’ de elaboración tradicional de cal en Turkana (Kenia): resultados positivos siete años después (2013-2020). Ilustre Colegio Oficial de Geólogos, September 2022. http://dx.doi.org/10.21028/jmmj.2022.09.23.

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Pablo Moñino llevaba dos largos años apostando por producir cal en Turkana en un horno tradicional. Después de varios intentos fallidos, a la cuarta hornada, en 2015, se logró el éxito necesario: una cal de alta pureza y con todas las características precisas. Ahora, en este artículo, detallaremos cómo se fue avanzando e innovando en el proyecto ‘Chokáa’, hasta poder llegar hoy al empleo de más de medio centenar de jóvenes turkanos, fabricando importantes aportes de materiales tradicionales, e iniciando la construcción de nuevos edificios, de un tamaño cada vez mayor, en las misiones de la zona.
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