To see the other types of publications on this topic, follow the link: Law, kenya.
Dissertations / Theses on the topic 'Law, kenya'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Law, kenya.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
Includes bibliographical references.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.
2
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.
Full textAbstract:
Thesis (LLD)--Stellenbosch University, 2013.Bibliography
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.
3
Meroka, Agnes K. "A feminist critique of land, politics and law in Kenya." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/56361/.
Full textAbstract:
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.
4
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.
Full text
5
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.
Full text
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
Oseko, Julie Ouma. "Judicial independence in Kenya : constitutional challenges and opportunities for reform." Thesis, University of Leicester, 2012. http://hdl.handle.net/2381/27703.
Full textAbstract:
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.
11
Dodgson, Kate. "Victim participation in practice at the International Criminal Court: Kenya 2 case study." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15209.
Full textAbstract:
This minor dissertation examines victim participation at the International Criminal Court in practice, focusing on the Kenya 2 proceedings. Victim participation has always been a significant part of the mandate of the International Criminal Court, however, the actual practice of victim participation is not well expounded upon in the Rome Statute or through the legal texts of the Court. It has largely been left up to individual chambers to determine and design what modality of victim participation is suitable for the circumstances of the case before it. The Kenya situation presented a number of novel circumstances that required the Court and Counsel to implement new and innovative victim participation practices. The failures and successes of the Kenya victim participation methods deserve to be documented so that lessons can be learnt for current and future victim participation practices.
12
Fulfrost, Brian 1969. "Four hectares and a hoe: Maragoli smallholders and land tenure law in Kenya." Thesis, The University of Arizona, 1994. http://hdl.handle.net/10150/278467.
Full textAbstract:
The paper outlines the historical development of Kenyan land tenure reform in relation to a group of smallholders in Maragoli. The transformation of common property into private property has not completely destroyed the authority of local institutions in matters of land tenure and land use. Customary social obligations have continued to play a role in the decision-making process of smallholders in Maragoli. The government in Kenya continues to be uninformed by the socioeconomic realities that affect smallholders. Agrarian law and administration should be built on the kinds of agricultural systems that are being practiced by the majority of the population in Kenya.
13
Guantai, Liz. "Towards the legal protection of married women: Combating and criminalising marital rape in Kenya." Master's thesis, Faculty of Law, 2019. https://hdl.handle.net/11427/31812.
Full textAbstract:
This dissertation addresses the most neglected form of sexual violence in Kenya - marital rape. Drawing from prevailing statistics and testimonies by survivors, it confirms the existence of marital rape in Kenya and delves deeper into the prevailing social and legal dynamics that condone it. On examining the existing legal framework governing sexual violence in Kenya, the finding is that there is no law that explicitly criminalises marital rape. Marital rape is a human rights issue as it curtails women‟s enjoyment of their right to equality and dignity. This dissertation argues that Kenya has a duty to honour her State obligations under international human rights law to respect, protect and fulfill human rights. The dissertation concludes that by not criminalising marital rape, Kenya has failed to satisfy her treaty obligations under International Human Rights Law. The dissertation further draws insights from other jurisdictions‟ legal responses to marital rape through a comparative study of South Africa, India and Australia. The main recommendation of this dissertation is that Kenya should explicitly criminalise marital rape in order to respect, protect and fulfill her human rights obligations pertinent to women. Moreover, it is recommended that a comprehensive response to marital rape requires the State to embrace both legal and extra-legal reforms that will not only criminalise but ultimately combat marital rape in the long term.
14
Wasunna, Angela. "Averting a clash between culture, law and science : an examination of the effects of new reproductive technologies in Kenya." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64309.pdf.
Full text
15
Okurut, Emmanuel. "Preventing human rights violations by law enforcement during counterterrorism operations in Kenya and Uganda." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64630.
Full textAbstract:
The problem of terrorism has escalated over the past two decades and has continuously posed a challenge to global peace and security. While the major terrorist organizations like ISIS and al-Qaeda have devastated the Middle East, Europe and the United States, the East African region has not been an exception to the influence of radical Islamist terrorist groups. Kenya and Uganda have particularly been targeted by al-Shabaab, a Somali based Islamist terrorist group that has sworn allegiance to al-Qaeda. These attacks have mainly been in response to the deployment of military troops under the AU’s peace-keeping mission in Somalia (AMISOM. In addition to the threat by al-Shabaab, the two countries have also battled internal home-grown terrorist organizations that have threatened the peace and security of their respective homelands.
In response to the threat of terrorism and its impact on the various institutions, the international community adopted the United Nations Global Counter-Terrorism Strategy to fight against terrorism in order to preserve peace and security. These counterterrorism measures also contain safeguards that are designed to ensure that states do not unjustifiably infringe on human rights. The African region under the African Union has also adopted counterterrorism measures under the OAU Terrorism Convention and numerous other instruments which tackle the problem of terrorism in great detail.
Kenya and Uganda have been vulnerable to terrorist attacks and have adopted some interventions including the adoption of counterterrorism legislation and reinforcing law enforcement to be able to respond better to the threat of terrorism. Kenya enacted its Prevention of Terrorism Act in 2012 while Uganda’s Anti-Terrorism Act was passed in 2002. There are a number of legitimate counterterrorism measures within these pieces of legislation for example the criminalization of terrorism and terrorist organizations. However, there is a danger that some of these interventions may unlawfully erode fundamental human rights and freedoms. This is particularly true for their counterterrorism police and security agencies which usually conduct their operations in secret with no clear channels of accountability. This poses a challenge for any effective form of review because most of such operations are protected as state secrets. The thesis examined the extent to which counterterrorism legislation and policy affects the enjoyment of human rights. The analysis showed that there were some significant deficiencies in the counterterrorism legislation of Kenya and Uganda. The most prominent challenges were the lack of supervision and review of exercise of discretion by law enforcement during counterterrorism operations, and weak accountability frameworks. In this regard, the thesis recommends the immediate codification of the Joint Anti-Terrorism Taskforce of Uganda; the amendment of the Uganda Police Act to take into account proportionality in the use of force by law enforcement; the amendment of the Anti-Terrorism Act of Uganda to remove the unfettered discretion of a security officer; and the inclusion of the right to silence and the right to apply for release from unlawful custody in Uganda’s Constitution.
A closer look at the practice of counterterrorism agencies also reveals a pattern of gross violation of human rights and disregard for the rule of law. Such unlawful conduct also violates the principles of democracy that require public officials to be accountable for actions taken in their official capacity. In an effective democracy, public officials are appointed by the authority of the public and they serve the collective interests of the society at large. In addition, there are certain law enforcement accountability mechanisms that are established in order to ensure the efficiency, professionalism and discipline of the police forces. While most of these accountability mechanisms are carefully thought out and drafted, they are not always implemented in practice. Nevertheless, they constitute a potential avenue for the prevention of abuse of human rights during counterterrorism operations. In order to improve the overall effectiveness and accountability of the police forces, the thesis recommends freeing the police from undue influence of the executive branch of government; exercising accountability before, during and after counterterrorism assignments; education of law enforcement officials in the protection and promotion of human rights; and improving the living and working conditions of members of law enforcement in order to prevent unprofessionalism.Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted
16
Nyaundi, Kennedy Monchere. "How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda?" Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12912.
Full textAbstract:
Includes bibliographical references.This thesis explores the impact of counter terrorism measures on human rights in Kenya and Uganda. It identifies terrorism as a global problem and reviews its common features. It recognises that the human cost of terrorism has been felt in virtually every corner of the world. It analyses the nature and scope of trends of terrorist activities in Kenya and Uganda, offers possible reasons for the increase of incidents of terror and considers the challenges in combating terrorism in these countries. The thesis outlines the fundamental freedoms that are most commonly engaged in the fight against terrorism and describes states’ obligations in respect of those rights. It recognises that a significant effect of terrorist activity is the tendency to pit security against human rights. It demonstrates that legislation intended to strengthen anti terrorism efforts raise serious concerns in relation to international and domestic human rights law. The thesis investigated one central concern: How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda? To answer this question, the study sought to investigate several related questions: In the enforcement of counter terrorism measures, is it possible for governments to play by the constraints of the rule of law? Is freedom during times of emergency as important as during peacetime? Is it possible and practical to observe art 4 of the ICCPR in the war against terrorism or should a lower threshold be established?
17
Lekakeny, Ruth Nekura. "The elusive justice for women: a critical analysis of rape law and practice in Kenya." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15207.
Full textAbstract:
This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I then explore, as a secondary research question, whether an integrated service provision approach provides solutions to these challenges. Article 48 of the Constitution of Kenya provides that 'The state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice'27 This obligation places a tall order on the state and all its agents to ensure that anyone in pursuit of justice should access it with the minimum obstacles.
18
Birgen, Rose Jeptoo. "Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15170.
Full textAbstract:
The goals of conserving nature have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include indigenous and local communities' territories, and although indigenous rights have been strengthened through international policies and laws, conflicts over land entitlement are still common. A couple of notable events internationally in the context of Human Rights and nature conservation discourses have marked a significant shift in the attitudes and approaches to the role of indigenous people and local communities in natural resource governance. Contemporary approaches enable them to define themselves and to own and manage land and natural resources. Domestic policy makers are faced with the challenge of creating national laws and policies to implement this contemporary approach. This thesis looks at the concept of ICCAs as a tool for facilitating participation of indigenous and local communities in natural resource management. It begins with an analysis of the form, nature, origins and value of ICCA's- and specifically key legal elements which should ideally be included in a legal framework to give domestic effect to them. This analysis indicates that in order to recognise and protect the indigenous people and local communities and for ICCAs to be a success, their land tenures and resource rights have to be legally secured, they have to be deliberately involved in management of natural resources and they have to enjoy the benefits that arise as a result of their input and use their traditional knowledge to protect and conserve natural resources. The dissertation then turns to consider whether these elements are present in Kenya's legal framework. 2010 is used as a benchmark because of the significant reform introduced giving an edge in the way indigenous people and local communities and their contribution to natural resource management were recognised.
19
Swanepoel, Paul Arthur Albertus. "Indifferent justice? : a history of the judges of Kenya and Tanganyika, 1897-1963." Thesis, University of Edinburgh, 2010. http://hdl.handle.net/1842/5848.
Full textAbstract:
This thesis examines the history of the judges of Kenya and Tanganyika between 1897, when the first British court was established in Mombasa, and 1963, when Kenya gained independence. The formation of judicial identities and the judiciary’s role within the colonial state are the main themes. The recruitment process into the Colonial Legal Service is discussed. Legal recruitment was both unique and problematic, mainly because there was a shortage of vacancies for newly-qualified barristers. Many were forced to seek employment elsewhere, but for those fortunate enough to secure positions within the barristers’ profession the financial rewards were substantial. This led to fears that second-rate barristers who were unable to make a living in Britain applied to serve in the colonies as legal officers. As a consequence, the length of applicants’ professional experience became an important factor for recruitment officials. Aspects of judges’ backgrounds are systematically analysed in order to produce a profile of the type of judge who served in the two territories during the colonial period. Judges were among the most mobile of colonial officers and typically served in four or more territories during their colonial careers. These factors shaped their collective identity. At the same time, they partly determined their attitudes towards the various laws they were called on to administer. In setting out the structure of the courts and the laws that were in force, a number of cases are discussed in order to demonstrate judicial attitudes over time. Two chapters focus on Tanganyika during the interwar period, illustrating divides between the administration and the judiciary regarding the administration of justice. Based on memoirs and personal papers, the professional lives of two judges are traced in order to gauge their views on the political events that surrounded them. The final two chapters focus on Kenya in the 1950s. The testimony of advocates is used as a means of inquiring into the characters and attitudes of the judges they appeared before. It provides an impression of the legal profession in late colonial Kenya, as both advocates and judges alike defined their professionalism with reference to the legal profession in Britain. The focus then shifts to judicial decisions made during the Mau Mau rebellion between 1952 and 1959, with particular emphasis being placed on the attitudes and professionalism of the judges of the Court of Appeal for Eastern Africa. The thesis offers a new interpretation of the judiciary’s place within the colonial state; by arguing that as a result of remaining part of the barristers’ profession in Britain, it suggests that colonial judges found it more difficult to adapt to the realities of functioning within the colonial state than members of other branches of the Colonial Service. This discord contributed to the emergence of a distinct judicial identity in the colonies.
20
Cowell, Kelly. "Setting the Tone for Corporate Social Responsibility in Kenya- What Does the New Mining Act Have to Say?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29555.
Full textAbstract:
Motivated by the abundance of unexploited natural resources within Kenya, the country released a new Mining Act in 2016. The proclaimed objective, to increase mineral contribution from one percent to ten percent of Kenya’s GDP by 2030, demonstrates governmental focus on enticing investment in the mineral sector. Historically, a primary focus on investment potential in developing countries exposed to sudden mineral booms, is likely to lead to social and environmental destruction. It is therefore important to evaluate the status of Kenya’s new mineral law, and what that means for the country’s ability to foster a sustainable future. Corporate social responsibility (CSR) is discussed in relation to international norms and standards. Kenya’s Constitution and new Mining Act are then examined to identify what safeguards ensure social and environmental protection. While many countries have voluntary CSR mechanisms, Kenya’s Mining Act contains mandatory CSR procedures and regulations. Should Kenya fail to ensure these laws are adhered to within the spirit of the Constitution, there will be negative consequences for the country. Whether there is sufficient governmental willpower, combined with the necessary human and technological resources, to maintain and enforce the established laws is yet to be determined.
21
Nyakundi, Freda Moraa. "Development of ADR mechanisms in Kenya and the role of ADR in labour relations and dispute resolution." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15173.
Full textAbstract:
Alternative Dispute Resolution (ADR) is a vastly growing enterprise in conflict management the world over. Its application in managing labour relations and the attendant disputes has been tested and is well settled. Kenya, in recognition of this phenomenon, has adopted a legal framework making provisions for both ADR and Labour rights in its most supreme law, the Constitution of Kenya, 2010. This informs the theme of the current study. The disciplines that are ADR and labour relations are overwhelmingly extensive. Thus they cannot find conclusive commentary in a single book leave alone a thesis with a predicated word count. This paper is neither a one stop-shop treatise nor an integral text on either disciplines but a comprehensive commentary, on the interplay between ADR and labour relations. Fair treatment has been accorded and care has been borne to neither starve one nor belabor the other. It is a commentary spanning eons, reaching out to the past, tracking development and addressing the prevailing circumstances in respect of ADR's application in labour dispute resolution in Kenya. The rich literature review (books, statutes, conventions, journals, articles) quoted is as informative as it is illuminating, and presents a wealth of knowledge. The overall aim is to assess the place of ADR in labour relations in Kenya and spur academic, intellectual and sector-wise debate on the foregoing.
22
Ouma, Jack Busalile Mwimali. "Conceptualisation and operationalisation of the right to a fair trial in criminal justice in Kenya." Thesis, University of Birmingham, 2013. http://etheses.bham.ac.uk//id/eprint/3984/.
Full textAbstract:
This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognised since the adoption of the formal legal system in Kenya, and which have been enshrined in the Constitution since independence. It addresses a number of overarching questions. First, it identifies the factors that hindered the full realisation of the right to a fair trial. Secondly, it enquires into whether the shortcomings of the recently repealed Constitution in that regard have been fully addressed by the new Constitution adopted in 2010. Thirdly, it identifies and analyse the impact of factors outside the formal law which may have affected the practical operation of certain core elements of the right to a fair trial. Finally, in light of the above, it explores a number of approaches that might be used to address these other factors so as to help achieve at least a better, enforcement of fair trial rights in the country.
23
Kibugi, Robert M. "Governing Land Use in Kenya: From Sectoral Fragmentation to Sustainable Integration of Law and Policy." Thèse, Université d'Ottawa / University of Ottawa, 2011. http://hdl.handle.net/10393/20268.
Full textAbstract:
The search for development that is sustainable often results in the complex challenge of having to reconcile the need for socio-economic activities with protection of the environment. This challenge of integrating such fundamentally important considerations that often contrast, but should be mutually supportive, is necessarily addressed by legal and policy frameworks of the country in question. These could be laws and policies with competence to manage the environment, or to manage socio-economic and political activities that impact the environment. This challenge is profound for developing countries like Kenya that experience higher levels of degradation, poverty and food insecurity. Arguably in this context, while addressing integration involves reconciliation of legal principles for a coherent legal concept of sustainability, it is also a serious matter of survival for millions of people. This raises compelling reasons to ensure that any legal reform measures positively impact how these people make decisions on the socio-economic utilization of land or forestry resources that they have access to. The research aimed to develop a legal and policy framework that will facilitate integration of environmental protection with socio-economic activities during land use decision making, as a mechanism to achieve sustainability. We investigated how a legal/policy framework, founded in the 2010 Constitution, and in environmental and tenure rights laws of Kenya, can conceptually reconcile the right (and duty) respecting a clean environment, with socio-economic rights. The research further analysed how such conceptual reconciliation can impact integration in policies, plans and decision making by sectoral laws and institutions to ensure environmental consideration across sectoral areas. To this end, we have proposed enacting a legal duty requiring tenure rightholders to integrate their socio-economic activities with environmental protection during land use decision making. We further frame mechanisms to guide the attitudes, and decisions of farmers and forest communities in making that transition to sustainable practices.
24
Stjärneblad, Sebastian. "The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?" Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23524.
Full textAbstract:
Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity regarding Kenya’s jurisdictional basis to prosecute piracy suspects, as well as, to what extent they respect the right to a fair trial in its criminal proceedings of alleged pirates. In addition, the legal analysis demonstrates that international criminal law may be undermined and subjected to mistrust. Furthermore, the legal analysis also offers indications on a normative development of the Security Council in relation to its role in bringing perpetrators of international crimes to justice.
25
Nichols, Lionel. "The International Criminal Court and the end of impunity in Kenya." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:34eab158-f675-492a-b844-f9a74e1a6ce6.
Full textAbstract:
This thesis considers the extent to which the International Criminal Court's Office of the Prosecutor ('OTP') has been successful in realising its self-defined mandate of ending impunity in Kenya. In particular, it focuses on the OTP's attempts to encourage domestic investigations and prosecutions as part of its strategy of positive complementarity. This strategy has been hailed as being the best and perhaps the only way that the OTP may use its finite resources to make a significant contribution to ending impunity. Despite this, no empirical study has been published that evaluates the effectiveness of this strategy and the impact that it has on ending impunity in the targeted situation country. This thesis seeks to address this gap in the literature by conducting a case study on the OTP's implementation of its strategy of positive complementarity in Kenya following that country's post-election violence in 2007/08. In doing so, I also hope to make a modest contribution to existing debates over the effectiveness of the ICC as an institution as well as international criminal justice and transitional justice more generally.
26
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.
Full textAbstract:
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.
27
John-Langba, Vivian Nasaka. "The role of national human rights institutions in promoting and protecting the rights of refugees: the case of South Africa and Kenya." Doctoral thesis, University of Cape Town, 2020. http://hdl.handle.net/11427/32499.
Full textAbstract:
The apparent normative and implementation gaps within the international refugee protection regime suggest the need to reform its implementation and accountability processes. Increasingly, the focus is being shifted to local or domestic actors to attempt to address the challenges faced in realising refugee rights effectively. Among the key domestic accountability actors for the realisation of rights, are national human rights institutions (NHRIs). NHRIs are considered a bridge between the international and domestic human rights systems. NHRIs act as entities that facilitate the diffusion of international human rights norms and standards, including those with respect to refugee rights, into the national spheres. Notwithstanding this, there is paucity in empirical evidence within the refugee rights discourse on the role that NHRIs can play to promote the effective realisation of refugee rights. This study explores the role that NHRIs in South Africa and Kenya play in promoting and protecting refugee rights. It utilises a non-doctrinal and qualitative research approach, to examine the extent to which the NHRIs engage with refugee rights and to explore their capacity to do so effectively. It situates NHRIs within the nexus between international human rights law and international refugee law to frame the understanding for their role within the refugee protection regime. The findings indicate that the NHRIs in South Africa and Kenya that are compliant with the Paris Principles display significant engagement with refugee rights promotion and protection. As accountability mechanisms, they have contributed to the development and implementation of domestic refugee law and policy in accordance with international norms and standards. This has occurred despite the lack of an explicit refugee rights' promotion and protection mandate, but they face barriers and challenges. Various underlying factors that impede their effectiveness to address refugee rights were identified. These included the sociopolitical contexts within which they operate, capacity constraints and invisibility within the refugee protection regime. The socio-political challenges included xenophobia and the securitisation of the asylum space. These compounded organisational and operational weaknesses such as scarce specialist skills in refugee law, limited financial resources, and the absence of strategic and sustained partnerships for refugee rights protection. The overall absence of norms for NHRI engagement with refugee rights was identified as a contributory factor for the lack of a coherent approach for promoting and protecting these rights. Possible avenues to enhance NHRI engagement with refugee rights were identified. For instance, NHRIs building partnerships for refugee rights promotion and protection with CSOs, the UNHCR and regional institutions based on a clear understanding of an NHRI's role as accountability mechanisms. For NHRIs, the imperative lies in building their capacity to address refugee rights to ensure a clear understanding of what the promotion and protection of these rights entails.
28
Gitonga, Robert Kaniu. "Social and political goals of mergers in competition law: comparative analysis of the efficiency and public interest provisions in Kenya and South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16538.
Full textAbstract:
Includes bibliographical referencesA principal goal of competition law is to promote fair distribution of wealth. Fair distribution of wealth is entrusted to competitive markets since they reward efficiency, innovation, spread wealth and decentralise economic power. While competition reflects the business conduct of enterprises, it cannot disassociate from the legal and regulatory framework, barriers to entry and prevailing conditions in markets for labour, infrastructure services and other production inputs. Redistribution of wealth acknowledges competition law as a tool that can be utilised to protect those at the lower end of income distribution by reducing prices allowing a larger basket of goods and services to be purchased. Competition law is a tool that preserves market competition to provide an environment that encourages responsive business, efficiency and serves the interests of consumers. In developing countries, competition law and policy receive particular emphasis as being crucial and key in the economic and structural reform and addressing concerns of distribution and power. Competition law in Kenya cannot ignore the wider industrial policy or socio-economic considerations in Kenya. These social and political goals of competition law are important in developing countries with poverty, great income inequality. There is need to choose a means of addressing the equitable allocation of resources that will produce the least amount of inefficiency and competition law is the right tool to achieve this. Kenya is a factor-driven economy where the level of productivity is determined by labour, institutions, infrastructure and the macro-economic environment. Enacting the Competition Act in Kenya was a response to economic and political reform to improve the welfare, well-being and economy in Kenya. Merger analysis in Kenya would require weighing gains and losses in efficiency in order to establish whether the merger will benefit other recipients other than market participants such as consumers and producers. South Africa has well established interpretation and implementation addressing the trade-off between public interest provisions and efficiency. Interpretation of the merger laws in South Africa illustrate engaging an exercise of proportionality required to determine how to balance the competing arguments between efficiency, welfare standards and public interest.
29
Lugano, Geoffrey. "Politicization of international criminal interventions and the impasse of transitional justice : a comparative study of Uganda and Kenya." Thesis, University of Warwick, 2018. http://wrap.warwick.ac.uk/107732/.
Full textAbstract:
Since the International Criminal Court’s (ICC) establishment in 2002, its interventions in African situations have produced a mix of results. Whereas many observers have hailed the ICC’s forays onto the continent for expanding the avenues of justice for mass atrocities, there are also political connotations to some of its interventions, as evidenced in narratives of selectivity and neo-colonialism. Building on the latter impacts of the Court’s interventions in Africa, this thesis seeks to discern the shape of local/regional uptake of international criminal justice (ICJ). This follows from contrasting the ICC’s qualification as a moral agent in the global war on impunity for international crimes, with domestic political translations of the Court’s interventions and subsequent collective action at local and regional levels. Thus, the principal argument from this thesis is that contextual normative adaptions produce global-local exchanges that result in viable conditions under which the ICC’s interventions are politicized, to the detriment of its investigative activities and legacy in situation countries. More specifically, elite level exchanges in sub-national, national, regional and international realms produce blends of local and global realities, resulting into the ICC’s exposure to politicization. These findings are instructive for wider debates on the subtle ways in which the ICC is undermined (rather than outright defiance), with spiralling effects on long term peace-building and other regional contexts. In discerning the aforementioned conclusions, I asked the simple research questions: (1) why and how is an ostensibly international legal response to heinous crimes susceptible to (mis)appropriation and subversion by domestic political elites? (2) what are the far-reaching consequences of politicizing the ICC’s interventions on creating conditions for lasting peace in fragile societies? Given the duality of the ICC’s politicization – through (mis)appropriation and subversion, the thesis adopted a comparative study of Uganda and Kenya, which exemplify the two forms of domestic translations of ICJ. The thesis employed a qualitative methodological approach that drew upon secondary data sources, as well as primary data collected through personal key informant interviews in the Netherlands, Uganda and Kenya, with ICC officials, politicians, government officials, representatives of local and international organizations and affected communities. Some of the secondary data sources include: journal articles, media reports, government documents, books, online sources, legal instruments, the ICC’s documents and official speeches. The data collected was analyzed through grounded theory, in which evidence collected raised new sub-questions for further interrogation. All available evidence was then triangulated to develop a critical analysis of the research questions posed. Conceptually, I built on three interrelated concepts (the ICC’s projection of a moral universe, the narrative lens and spatial hierarchies) to discern the ICJ norm diffusion in local/regional contexts. The thesis concludes that the various forms of political resistance to the ICC have pernicious effects on peace-building beyond national boundaries. Perhaps, a greater degree of the Court’s acceptance will be driven by its proactive steps towards the universality of justice, whose absence partly informed the construction of narratives on some of its foremost interventions in Africa.
30
Mwaja, Christine Mukami. "The notion of Human Capital Accumulation as a basis for reform of select employment related tax incentives in Kenya and South Africa." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32882.
Full textAbstract:
Human capital signifies the idea that skills and capabilities embodied in human beings constitute a form of capital. The collection of human skills and capabilities i.e. human capital, in a country, represents the human capital accumulation in that economy. This human capital accumulation is achieved through a process of instilling, building up and developing skills and capabilities. This dissertation considers use of tax incentives to contribute to human capital accumulation in Kenya and South Africa. Currently, there are some indirect tax incentives in both countries which give favourable treatment to some employee related expenses. There also exists, in both Kenya and South Africa, a direct employer tax incentive aimed at encouraging employment of graduates and specific job seekers. In both countries, however, there is no broad direct tax incentive that benefits all employers who contribute to developing various other forms of human capital. The dissertation therefore looks at considerations and reforms which are necessary to establish a desirable tax incentive for employers in Kenya and South Africa that contributes to human capital accumulation. Some of the considerations which the dissertation looks at include; why employers should be given the incentive, why the incentive should be direct, whether the existing tax incentives meet the goal of human capital accumulation and the relevance of human capital accumulation to Kenya and South Africa. The dissertation also suggests some reforms that should be made in developing a desirable direct tax incentive for employers. The suggested reforms are based on deficiencies identified from an evaluation of the like direct employment incentive schemes offered by Kenya and South Africa to employers to encourage employment of graduates and specific job seekers.
31
Lihiru, Victoria Melkisedeck. "Participatory constitutional reforms vs. realization of equal representation of men and women in the parliaments: a study of Kenya, Rwanda and Tanzania." Doctoral thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31508.
Full textAbstract:
In this thesis, the constitution-making legal frameworks in Rwanda, Kenya, and Tanzania are examined in relation to how they facilitated public participation in line with Article 25 of the International Covenant on Civil and Political Rights, 1966 and Article13 of the African Charter on Human and People’s Rights, 1986. In line with Articles 4 and 7 of the Convention on the Elimination of All Forms of Discrimination Against Women, 1979, and Article 9 of the the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, 2003, the thesis gauges the level and impact of women’s participation in the constitution-making processes in furthering equal representation of men and women in parliaments. Findings contained in this thesis are informed by primary data from international, regional and national legal frameworks relating to participation in political decision-making processes and are supplemented by secondary data from credible reports, journal articles and books. Analysis of the colonial and early postcolonial constitutional formations depicts imposition of the constitutions by the colonial governments in consultation with a few African political elites. Generally, the colonial and early post-colonial constitutionmaking processes were founded on weak legal frameworks, denying the public, including women, the right to take part in constitution-making processes. The onset of international and regional conventions slowly influenced the opening of the constitution-making processes to the public. The 2003 Rwandan Constitution, 2010 Kenyan Constitution, 1977 Tanzanian Constitution and the subsequent stalled 2014 Tanzanian Proposed Constitution were founded on moderate strong legal frameworks allowing some level public participation. In terms of facilitating women’s participation, these frameworks suffered shortcomings in several aspects particularly in composition of constitution-making organs, access of uneducated and rural women and ensuring substantive participation by women. However, the 2003 Rwandan Constitution, the 2010 Kenyan Constitution, the 1977 Tanzania Constitution and the 2014 Proposed Draft Constitution of Tanzania contain equality and non-discrimination provisions. When it comes to women’s participation in parliaments, the definition of equality is equated to a percentage (mostly 30 per cent), which does not represent the meaning of equality. An increased number of women parliamentarians in the Rwandan, Kenyan, and Tanzanian Parliaments, has enabled the legislation of gender sensitive laws and policies in the areas of inheritance, gender-based violence, family law and land rights. However, there are many areas in which women parliamentarians fail to represent the real interests of women. Challenges related to the practice of first-past-the-post and proportional representation electoral systems and the practice of temporary special measures continue to hinder the realisation of equal representation of men and women in parliaments. Rwanda, Kenya, and Tanzania should adopt the equality-based proportional representation electoral system. Short-term recommendations are provided based on the contextual differences and uniqueness of each country under study namely Rwanda, Kenya and Tanzania.
32
Barnabas, Sylvanus. "The role of international law in determining land rights of indigenous peoples : the case study of Abuja Nigeria and a comparative analysis with Kenya." Thesis, Northumbria University, 2017. http://nrl.northumbria.ac.uk/32544/.
Full textAbstract:
In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Nigeria without payment of compensation or resettlement. This is legitimised under Nigerian State laws. Indigenous peoples (IPs) suffer from injustices in relation to land globally. The purpose of this thesis is to find answers to the research questions emanating from this case study. One avenue explored herein in addressing dispossession of IPs’ lands in Africa, is through considering the relevance of international law on their rights. However, there is no universally agreed definition of IPs. In the determination of whether international law provides solutions to the challenges of protecting land rights of Abuja peoples, the existing description of IPs is challenged. The second avenue explored herein, is through a comparative approach to understanding how Kenya has resolved these challenges and how Nigeria should respond to similar challenges. The case study is used to illustrate the need for a viable relationship between State law, IPs’ customary law and international law. The choice of Nigeria is because the case study is in Nigeria. The choice of Kenya as a comparator is because like Nigeria, Kenya is Anglophone with a plural legal system and has recently embarked on law reforms in relation to customary land rights and the place of international law within its legal system. Drawing from theories of legal pluralism and post-colonialism, this doctrinal, case study and comparative enquiry, makes the following original contributions to knowledge. Firstly, the case study is used to argue that international law should expand its description of IPs to include collective of peoples with different cultures. Secondly, it draws from international child rights law to advance the argument that international law on IPs should present them more positively. Finally, the comparative analysis between Nigeria and Kenya on the above subjects has not been made by any known literature at the time of writing.
33
Cser, Melinda. "Comparison of South Africa's automotive investment scheme to similar trade, export and investment financial assistance regimes (incentives) of Nigeria and Kenya." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19737.
Full textAbstract:
Comparison of South Africa 's Automotive Investment Scheme to similar trade, export and investment financial assistance (incentives) regimes of Nigeria and Kenya The AIS is a South African government investment incentive offered within South Africa's Automotive Production and Development Program. The intention of the AIS is to grow and develop the automotive sector through investment in the production of new and/or replacement models and components. The overall aim of the research is to analyse whether the manner in which the AIS incentives seek to achieve the above objectives , and the objectives themselves are aligned and furthermore to indicate the potential weakness of the AIS . The analysis of the weaknesses focuses in particular on potential inconsistencies amongst the provisions of the AIS or amongst the provisions of the AIS and the provisions of its sub - components. Furthermore, the research will review whether the economic benefit criteria of the AIS to be fulfilled by applicants are sufficiently detailed or the lack of details creates uncertainty with the interpretation and implementation. Lastly, the paper will review the transparency elements of the AIS. To obtain an answer to this question, the AIS will be analysed and will be compared against the policies and/or legislation of Nigeria and Kenya, where applicable, to determine whether the policies of these two countries could inform the AIS in achieving its objectives. The analysis will be executed in six chapters. The first chapter is an introduction. Chapter two will cover the policy reasons for the introduction of automotive (and manufacturing related) policies in South Africa, Nigeria and Kenya. Chapter three will provide an overview of the policies and, where applicable, the relevant legislation in the three countries that deal with the automotive industries. As the policies of the three countries are very differently construed , the intention of this paper is not to undertake a full and comprehensive overview of all the relevant South African legislation dealing with tax, customs duties or investment protection to investors in the automotive sector because such legislation is currently one of the key pillars of the Nigerian and Kenyan policies . Therefore, the focus will be on comparing the structure, objectives and operation of the policies of Nigeria and Kenya where it is comparable with the AIS or the APDP. The fourth chapter will deal with the investment specific incentives and benefits provided in the three countries , in particular in relation to cash grants and t heir availability (or not) for investors in Nigeria and Kenya. In relation to Nigeria and Kenya the legislation and policies having similar objectives or structure will be discussed. For South Africa the achievements of the AIS will also be analysed briefly to understand how it has performed against its objectives up until 2015. Chapter five will discuss the institutions and government agencies which are authorized and responsible for handling funding applications, for negotiating funding/investment agreements , and approving and monitoring investment projects related to the automotive industry. The final chapter shall conclude on the findings, and highlight the potential weaknesses of the AIS by providing proposals for improvement based on the lessons learnt from Kenya and/or Nigeria, where or if possible.
34
Gathongo, Johana Kambo. "Labour dispute resolution in Kenya: compliance with international standards and a comparison with South Africa." Thesis, Nelson Mandela Metropolitan University, 2018. http://hdl.handle.net/10948/23980.
Full textAbstract:
The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
35
Mirugi-Mukundi, Gladys Thitu. "The impact of corruption on governance: an appraisal of the practice of the rule of law in Kenya." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1222.
Full textAbstract:
"Good governance entails accountability, transparency, enhanced public participation in decision making, strengthened public sector and civil society institutions and greater adherence to the rule of law. Corruption results in grave violations of socio-economic rights, condemns people to extreme levels of poverty and often leads to social unrest. Curbing corruption is therefore critical to the achievement of good governance and the rule of law in many countries such as Kenya. Although most legal systems in Africa prohibit corruption, the practice is significantly different, as is exhibited in this disseration. ... Chapter one introduces and sketches the questions that have prompted this study. Chapter two identifies the legal and institutional framework to curb corruption in Kenya. It also investigates the obligations of the state on anti-corruption in Kenya. The study attempts to outline and discuss the different actions that the government of Kenya has taken to contain corrupt practices in the public service and in society generally. Chapter three is an analysis of the impact of corruption on governance in Kenya. It discusses the extent [to] which corruption has permeated in the public service and its effect on public accountability and transparency. The study also assesses the effectiveness of the different anti-corruption measures set up to combat corruption in Kenya as compared to other African countries. Chapter four evaluates the effectiveness of the use of the rule of law to combat corruption in Kenya. It analyses the anti-corruption legal and institutional framework in comparison with other African countries to determine the factors that have lent effectiveness to anti-corruption efforts, as well as countermeasures that have hindered the ability of such efforts. Chapter five proffers the conclusion and recommendations." -- Introduction.Prepared under the supervision of Dr. Atangcho N. Akonumbo at the Faculte de Sciences Sociales et de Gestion, Universite Catholique d'Afrique Centrale, Yaounde, Cameroon
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
36
Khakali, Linda Anyoso. "The role of financial regulators in the Kenyan economy." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/11114.
Full textAbstract:
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.
37
Ndambo, Dennis Mutua. "The Use of International Human Rights Law by Superior National Courts : A Comparative Study of Kenya and South Africa." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77169.
Full textAbstract:
The practice of domestic courts continues to present challenges for understanding the relationship between international law and municipal law. Whereas constitutions increasingly contain more or less similar provisions on international law, the subsequent use of international law by domestic courts varies from traditional doctrinal approaches. This divergence by domestic courts is attributable to the fact that domestic and international courts/tribunals are engaged in exchanging ideas and formulating similar decisions on diverse substantive law issues out of a sense of common judicial identity and enterprise. Due to the multitude of actors and the complexity of the relationships involved, the traditional monism-dualism doctrines do not accurately reflect current practice. Rather, this process is better termed as transnational judicial dialogue. Through transnational judicial dialogue, domestic courts collectively engage in the co-constitutive process of creating and shaping international legal norms and, in turn, ensuring that those norms shape and inform domestic norms. This study analyzes decisions of the superior courts of Kenya and South Africa in order understand the manner in which the courts receive, interpret and re-formulate international legal norms. It is clear that the domestic courts are not mere conduits for the reception of international legal norms into the domestic legal order but that they act as mediators between the international and domestic legal norms. This study also attempts to demonstrate that transnational judicial dialogue may provide normative guidance for the relationship between international law and national law in the domestic legal order.Thesis (LLD)--University of Pretoria, 2020.
Centre for Human Rights
LLD
Unrestricted
38
Tinga, Kaingu Kalume. "Cultural practice of the Midzichenda at cross roads:." Universitätsbibliothek Leipzig, 2012. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-97822.
Full textAbstract:
This paper discusses the conflicts between some cultural practices of the Midzichenda (i. e. divination, healing and witchcraft) and the Kenyan Law. For decades, diviners and healers have been misconceived and condemned wholesale as `witchdoctors´, `wizards´ or `witches´. This misconception has seen many innocent diviners and healers mercilessly arrested, hurriedly arraigned in court, heavily fined and (or) eventually imprisoned, and their paraphernalia confiscated and finally destroyed by the state. The paper calls for proper understanding of the intricate belief in and practise of divination and healing vis-a-vis witchcraft and proposes ways which could help solve the conflicts.
39
Chatira, Aminata Tinashe. "Sexual violence against refugee and asylum seeking women in the Dadub and Kakuma refugee camps in Kenya : challenges and prospects for securing the duty to protect." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12662.
Full textAbstract:
Includes bibliographical references.This dissertation will argue that the normative and procedural protection framework established under the international refugee law regime is inadequate to provide protection to refugee victims of sexual violence. It will also argue that the various duty bearers vis-a-vis the right to security of refugee women in Kenya are not living up to their legal obligations. It will also illustrate the po- tential benefits of using the human rights law regime to enhance the protection of refugee women from sexual violence. The study includes a detailed analysis of the international and regional treaties, declarations, general comments and resolutions which make explicit and implicit reference to the right to life, security of person, freedom from torture or cruel, inhuman or degrading treatment and the right to health and draws upon relevant case law which outlines the obligations of the various duty bearers.
40
Mwangi, Perpetua Njeri. "Intellectual property rights protection of publicly financed research and development outcomes: lessons Kenya can learn from the United States of America and South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15213.
Full textAbstract:
This dissertation explores the protection of intellectual property rights (IPRs) as they relate to publicly financed research and development (R&D) outcomes. Kenya has the opportunity to learn from the experience of the United States of America (US) and South Africa (SA). The US enacted the Bayh-Dole Act (BDA) in 1980 while SA enacted the Intellectual Property Rights from Publicly Financed Research and Development Act (IPR-PFRD Act) in 2008. The main research question is whether Kenya ought to enact similar legislation. In addition to the main research question, there are six other secondary questions. The first and second research questions are explored in chapter two which discuss the enactment of the BDA and its impacts in the US. The dissertation uses literature to look at the legislative journey of the BDA which upon its enactment created a uniform approach towards the protection of federally funded R&D outcomes. Literature also points to the fact that years later, the BDA still invokes debates across the US and beyond. There is no consensus on the impact of the BDA. Despite the lack of a clear stand point on its exact effect, several countries have emulated the US and still continue to do so. The third and fourth research questions discussed in chapter three adopts a similar approach but focuses on SA, the first African country to emulate the BDA. The IPR-PFRD Act has been operational since 2010. The limited period of its existence means that the literature available is work in progress. Despite that, SA has had some impacts experienced so far across its leading universities in the form of; realignment of IP policies to comply with the provisions of the IPR-PFRD Act as well as discussions among researchers, innovators and the National Intellectual Property Management Office (NIPMO). There is evidence that Universities, industries and NIPMO are trying to implement the spirit as well as the letter of the IPR-PFRD Act. The fifth and sixth questions discussed in chapter four turn to Kenya. The dissertation tries to establish whether there is a demand in Kenya for legislation that regulates publicly financed R&D outcomes. It proposes that the time is not yet ripe for Kenya to have a BDA model, but that Kenya needs to first develop sustainable capacity and infrastructure to support the protection, management and ownership of IP. Chapter five concludes that Kenya can learn invaluable lessons from the US and SA when it considers regulating publicly-financed R&D outcomes.
41
Leakey, Kyela. "The role of the Chief Justice in Commonwealth Africa : a comparative study of South Africa, Ghana and Kenya." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8835.
Full textAbstract:
This is a comparative study of the leadership role of the Chief Justice as head of the judiciary through a decade of change, up to 2009, in South Africa, Ghana and Kenya. It draws on a conceptual framework developed from Burns’s theory of transformational leadership and the “dynamics of the leadership process”, and other scholarship on leadership ethics. The constitutional, legal and political structures surrounding the office of Chief Justice are analysed alongside empirical data gathered from interviews. It addresses three main questions. How do we understand the leadership role of the Chief Justice in Africa? How is this role evolving? What consequences does the distinction between “judicial” and “administrative” functions have for leadership in the judiciary? The study finds, first, that the leadership role of the Chief Justice includes intellectual leadership, administrative leadership, and acting as the representative of the judiciary. Second, the role of the Chief Justice is shifting from one of headship to one of leadership: Chief Justices are expected to be the visible, accountable leaders of the third arm of government. Third, recognising the Chief Justice as leader of the third arm of government raises questions about the usefulness of retaining the distinction between judicial and administrative functions to divide responsibility for court administration between the judiciary and executive. For Chief Justices to lead effectively, they must be free to make decisions on all matters relating to the operation of the judiciary. This need not require immersion in the daily minutiae of court administration. Instead, practices in South Africa and Ghana suggest that leadership could involve collaborating with, delegating to and consulting relevant “constituents” of the Chief Justice’s leadership. This would be consistent with a transformational leadership approach, which it is here argued is the most appropriate form of leadership for the judiciary.
42
Gumbi, Dumisani. "Understanding the threat of cybercrime: A comparative study of cybercrime and the ICT legislative frameworks of South Africa, Kenya, India, the United States and the United Kingdom’." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29247.
Full textAbstract:
As broadband infrastructure investments in developing nations intensify and barriers to accessing the internet diminish, the more they increasingly become the quintessential destination for cybercrime. For their lax cyber laws and general cybercrime illiteracy, developing nations such as South Africa, Kenya, and India have become the destination of choice for cybercriminal enterprises. The focus of this dissertation is to comparatively analyse South Africa’s ICT regulatory framework against those of developing and developed nations and to determine its effectiveness in addressing the threat posed by cybercrime. This dissertation hopes to contribute towards establishing a greater understanding and appreciation of the scourge of cybercrime by studying the frameworks, structures, and arrangements, installed to safeguard against the threat of cybercrime in both developing nations, namely Kenya and India, and developed nations, namely the United States of America and the United Kingdom. Some of the key challenges identified in the dissertation, arising from the analysis of South Africa’s cyber laws and policy framework, point to legislation that is out of date and in desperate need of revision, a lack of definitional clarity for cybercrime related terminology, jurisdiction limitations to investigate international cybercrimes, no harmonisation with international laws, standards, and a poor record of implementing strategy and policies. The dissertation concludes that the battle against cybercrime cannot be won without first understanding what cybercrime is. Developing a common understanding of cybercrime and related terminology, and recommends the revision of the necessary ICT strategies, policies, and regulatory frameworks. Concluding international cooperation and mutual assistance agreements to assist with transnational cybercrime investigations and prosecutions is paramount. Establishing cross-sector, intra-ministerial, public-private, and multinational partnerships is also vital to managing the threat of cybecrime. Lastly, this dissertation recommends the development of dedicated cybersecurity and cybercrime mechanisms for the prosecution and safeguarding of the nation’s critical information infrastructure, the mission critical information of corporates and the personal information of citizens against cybercrime.
43
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.
Full textAbstract:
Thesis (MDF)--University of Stellenbosch, 2010.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.
44
Kadiri, Temitope Emmanuela. "Regulating land-based sources and activities causing pollution of the coastal and marine environment in South Africa, Kenya and Nigeria within the context of integrated coastal zone management." Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16685.
Full textAbstract:
Includes bibliographical referencesThis thesis outlines and critically assesses the regulation of land-based sources and activities causing pollution (LBSA) in the coastal and marine environment in two broad areas of sub-Saharan Africa, the West and Central African Region (WACAF) and the West Indian Ocean (WIO) region. These two regions are both endowed with a diversity of life forms and resources that support large populations of coastal communities. The legal and institutional aspects are outlined and examined against the theoretical backdrop of the relatively new concept of integrated coastal zone management (ICZM), the goals of which are to ensure that decisions taken in all sectors regarding the environment and at all levels of government are harmonized and consistent with countries' coastal policies in order to achieve sustainable development of coastal and marine areas. More specifically, the work examines the international soft and hard law developments as well as regional legal developments, paying particular attention to the two UNEP initiated Conventions in the regions namely the 1985 Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African region (Nairobi Convention) and the 1981 Convention for the Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region and its Protocol concerning Cooperation in Combating Pollution in Cases of Emergency (Abidjan Convention), as well as their respective Protocols. The work concludes by examining the extent to which these international and regional developments have been incorporated in the legal and institutional framework structures of three select countries namely, Kenya (representing the WIO) region, Nigeria (representing the WACAF region) and South Africa on the interface of both regions. This study reflects the laws and policies as of December 2013.
45
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.
Full textAbstract:
Magister Legum - LLMAfter 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.
South Africa
46
Waris, Attiya. "The freedom of the right to religion of minorities : a comparative case study between Kenya and Egypt." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1121.
Full textAbstract:
"Every country has religious minorities. Any study of religious minorities and the protections afforded to them must also examine the significance of minorities per se. Minorities have no internationally accepted definition. Definitions are either broad and with little specificity or narrow and exclusive. Generally, two trends with regard to minority rights can be observed. On the one hand, in many countries, a comprehensive system of the legal protection of minorities has been introduced. Here the biggest problems stem from the difference between formal and informal rights. On the other hand, a number of countries have not legally committed themselves to the protection of minorities; ranging from inadequate safeguards to non-recognition of the minority. National minorities have received broad, although not well-differentiated, reporting in the international media and attention in international organisations and its impact on the discourse on religious rights have been minimal. However, minority religious rights have featured less significantly on the public agenda. The implications of the status of national minorities and religious groups are that many minorities believe that the majority group generally receive privileged status in state structures, while the minorities are viewed with suspicion. The issue of religious representation and safeguards arose within the Constitution of the Republic of Kenya ("Kenyan Constitution") where there is a recently concluded Constitutional Review Commission that had the Christian majority object to the "excessive protection" being granted to the Muslim minority. There was a huge debate as to the extent of inclusion of Sharia in the resultant draft constitution as well as the protection of fundamental principles of human rights and Islam. The question thus arises, should one apply Sharia or enshrine it in the constitution of a country, or will this involve overprotection that may lead to long-term exploitation of the law by the minority. The Arab Republic of Egypt ("Egypt") and the Republic of Kenya ("Kenya") have been chosen as case studies as they are interesting reflections of the development of states in Africa: Kenya with a Muslim minority maintaining a hold on the application of Islamic law where there is a Christian majority, while in Egypt the Copt and Shia Muslim populations are trying to assimilate into the state. Sharia is of imporance both to Kenya and Egypt. In Egypt the entire legal system is premised on the constitutional provision that Sharia is the principle source of law, thus some religious minorities in Egypt look for ways to maintain their identity and circumvent the application of Sharia provisions. Kenya, with a Muslim religious minority, is grappling with the concept of Sharia and how far it should apply to Muslims in a country. Thus these two countries have an inverse mirror image problem of each other as between the two major world religouns, Christianity and Islam. ... Chapter one sets out the content of the research, identifies the problem and applies the methodology. Chapter two discusses the international and regional law on religious minorities with a regional emphasis on African and the Arab region. Chapter three discusses the Islamic law on religious minorities, both Muslim minorities in non-Muslim states and non-Muslim minorities in Muslim states. Chapter four will focus on case studies comparing the protection accorded to the Muslims in Kenya with the Copts in Egypt, and analysing the extent to which Kenya and Egpyt have complied with international and regional law. Chapter five will set out recommendations and conclusions." -- Introduction.Prepared under the supervision of Dr. Naz Modirzadeh at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
47
Mwariri, Gladys Wanjiru. "The impact of international trade and investment policies on the labour rights of export processing zones' workers : the case of Kenya." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5760.
Full textAbstract:
Investigates to what extent international trade and investment policies affect the
labour rights of EPZ (Export Processing Zones) workers in Kenya. Audit the existing legal and policy framework for labour protection in Kenya and determines the extent to which the labour rights of EPZ workers in Kenya are protected. Also examines whether whether the EPZs are beneficial to Kenya and identify ways in which the labour rights of EPZ workers can be protected.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Hani Sayed of the American University in Cairo, Egypt.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
48
Noell, Erin R. "Slipping Through the Cracks: A Kenyan Case Example of Refugeeism, International Norms, and Gender-Based Violence." Ohio University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1398186042.
Full text
49
Bosire, Lydiah Kemunto. "Judicial statecraft in Kenya and Uganda : explaining transitional justice choices in the age of the International Criminal Court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:fa1f9f19-174e-47a2-a288-d4d0312786b7.
Full textAbstract:
Transitional justice has undergone tremendous shifts since it was first used in Latin American and Eastern European countries to address post-authoritarian and post-communist legacies of atrocity and repression. In particular, the establishment of the International Criminal Court (ICC) has increased the demand for prosecutions within a field that was previously marked by compromise and non-prosecution. While there are increasing expectations that countries with unresolved claims of human rights abuses should enact transitional justice policies, most of the literature on the subject largely omits to explain how elites from those countries choose among the possible options of transitional justice, and specifically, how they choose among international prosecutions, domestic prosecutions, and truth-seeking. Using case studies of Kenya and Uganda, this dissertation examines this decision-making process to understand how elites choose and reject different transitional justice policies. Theoretically, the research examines how preferences for transitional justice policies are constituted through “judicial statecraft”: the strategic efforts by heterogeneous, interest-pursuing elites to use justice-related policies as carrots and sticks in the overall contestation of power. The research finds that the choices of elites about judicial statecraft depend on three factors: the extent to which the elites are secure that their policy choices cannot be subverted from within; the cost and credibility of transitional justice threats; and the effects, both intended and unintended, of history.
50
Millya, James Kinyasi. "The impact of direct foreign and local investment on indigenous communities in East Africa: a case study of the Maasai of Kenya and Tanzania." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5843.
Full textAbstract:
The general objective of this study is to lay out the bases for an assessment of the impact of foreign and local investment on indigenous people in East Africa. For this purpose it will explore the current and systematic practice of violations of human rights as against the obligation of states
to promote and to protect human rights and to guarantee effective remedies for victims in cases where those rights have been violated under the international human rights law jurisprudence in an African context. Reveals how State sponsored investments in Maasai traditional land, particularly creation of national parks, game reserves and game controlled areas have changed the way of life of the
Maasai as a “people” aggravating their marginalization.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lorite Alejandro of the Department of Law, American University - Cairo Egypt.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM