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Dissertations / Theses on the topic 'Law, kenya'

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Published: 4 June 2021
Last updated: 28 January 2023

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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.

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Includes bibliographical references.<br>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
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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.

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Thesis (LLD)--Stellenbosch University, 2013.<br>Bibliography<br>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,
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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/.

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Land in Kenya has social, economic and political dimensions, which overlap and conflict. Land conflicts are one of the root causes of political crises which the country has experienced since the formation of the modern state through colonialism. Although the link between land and politics has been much studied, the gender dimension has been neglected. Where it has been addressed within the women‟s land rights discourse there has been a failure to appreciate the multi-dimensionality of land, addressing only the economic implications from a gender perspective. As a result there is little analysi
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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.

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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.

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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.

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This thesis examines the historical evolution of air law in Kenya, its content and current challenges. Part One is a historical introduction designed to provide a brief background knowledge and information necessary for a proper understanding of the geo-political and socio-economic foundation of air law in Kenya. It focuses on colonization process of East Africa with particular reference to Kenya.<br>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
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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.

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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on var
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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.

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We live in an economy where intangible assets have become valuable commodities. These intangible assets are created by individuals, or groups who apply their creativity and ingenuity appropriately. The result of such ingenuity and creativity is product that is deemed to be so important that it qualifies for legal protection. Such assets will benefit any individual, business, company or enterprise that has the ownership right or title and the ability to commercially exploit the asset. Therefore, there is an interest in the ownership and control of the assets as well as the manner in which legal
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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.

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This thesis looks at legal pluralisln in fatnily law. Its Inain concern can be divided into two: the extent of co-existence of indigenous customary family law in a Kenyan society on one hand, and state law (principles and rules) regulating family relations, on the other. This study was based on the Tugen-Arror ethnic community in the Rift Valley Province. One among the 43 ethnic groups found in Kenya; a country colonised by Britain from 1895 to 1963. This left a legal structure which is pluralistic in nature. Nothing confirms this more than the sources of law, the institutions and procedures t
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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.

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The judiciary in Kenya has been progressively viewed as subservient to the executive, an upholder of state power and a poor protector of citizens’ rights. The rejection of the judiciary as an independent and impartial arbiter of disputes was a major contributor to the post-election violence experienced in December 2007 which resulted in anarchy and massive loss of lives and property. This thesis contends that there is a contextually symbiotic link between separation of powers, judicial independence and the rule of law. While focusing on the relationship between the judiciary and the executive,
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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.

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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
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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.

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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 syst
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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.

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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
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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.

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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.

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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
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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.

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Includes bibliographical references.<br>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
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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.

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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 an
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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.

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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 an
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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.

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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
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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.

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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 a
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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.

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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 thesi
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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/.

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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
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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.

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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 co
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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.

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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 rega
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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.

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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 effecti
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Khayundi, Francis Mapati Bulimo. "The effects of climate change on the realisation of the right to adequate food in Kenya." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003190.

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This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly d
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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.

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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 int
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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.

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Includes bibliographical references<br>A 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 utili
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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/.

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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 cont
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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.

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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 tr
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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.

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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 im
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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/.

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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 th
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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.

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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 object
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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.

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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
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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.

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"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
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Khakali, Linda Anyoso. "The role of financial regulators in the Kenyan economy." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/11114.

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Financial regulation is a subject that is more often than not regarded as distant and yet another level of bureaucracy that has to be endured by both the public and private sectors. The significance of creating and maintaining an efficient and effective system to regulate financial markets, financial institutions and financial service providers is a salient feature in the development of a country’s economic health. The recent global economic crises of 2007/2008 and the economic hurdles accompanying those events are perhaps the most dramatic instances of how necessary the implementation of effi
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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.

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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
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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.

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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
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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.

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Includes bibliographical references.<br>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
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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.

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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 q
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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.

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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
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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.

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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 po
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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.

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Thesis (MDF)--University of Stellenbosch, 2010.<br>Regulating microfinance activities has been an important policy concern in improving financial inclusion and extending financial services to all. However, introducing a regulatory framework of any kind pushes targeted institutions to change. In this case, microfinance regulatory framework that came to effect in 2008 has created three tiers of microfinance institutions: prudentially regulated deposit-taking institutions, credit only and unregulated informal groups. Those undertaking deposit-taking business were required by this regulation
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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.

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Includes bibliographical references<br>This 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 c
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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.

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Magister Legum - LLM<br>After the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa‘idi Sultanate, the British colonial authorities managed to transform the administration of Islamic
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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.

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"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,
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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.

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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.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.<br>A Dissertation submitted to the Faculty of
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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.

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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.

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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 omi
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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.

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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
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