Journal articles: 'Law, kenya'

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

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Abstract A look into the relationship between general rule of law development, from a distinctly Christian analytical perspective, and wildlife (namely elephant) poaching in Kenya. How can the concrete establishment of a solid legal foundation and rule of law help combat widespread elephant poaching in Kenya and the surrounding regions? How can rule of law development help to create a “Kenyan-specific” solution to this issue?

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Gathii, James Thuo. "Kenya's Piracy Prosecutions." American Journal of International Law 104, no. 3 (July 2010): 416–36. http://dx.doi.org/10.5305/amerjintelaw.104.3.0416.

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Kenya became a primary destination for the prosecution of pirates captured off the coast of Somalia from late 2008 to late 2009. Yet none of the pirates being tried in Kenya as of April 2010 were captured by Kenyan armed forces but, rather, by non-Kenyan forces whose countries had signed agreements with Kenya for it to conduct such trials. In Resolution 1851 of December 16, 2008, the United Nations Security Council had urged states and regional organizations to enter into such agreements. Kenya accordingly concluded agreements on prosecuting suspected pirates with the United Kingdom, the United States, the European Union, and Denmark. According to media reports, and as Kenya recently acknowledged, two others were negotiated, with China and Canada. Only the EU-Kenya agreement has been published. The British foreign secretary told the House of Commons that Kenya did not want its agreement with the United Kingdom to be made public. Consequently, it may well be that a Kenyan preference for secrecy prevented the public release of information on the other agreements signed by Kenya.

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Makulilo, Alex B. "Cyber law in Kenya." Information & Communications Technology Law 22, no. 1 (March 2013): 86–87. http://dx.doi.org/10.1080/13600834.2013.774519.

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

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This article analyses how constitutional rights in Kenya apply horizontally and their implications for private legal relations. It demonstrates that while Kenyan case law on point is relatively progressive, unresolved conceptual issues remain. It therefore draws on comparable South African and Irish experiences to fill in the normative gaps in Kenya.

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Mogere, Mogere, and Wilson Muna. "Impact of Resource Allocation on the Performance of Kenya Police Officers in Nairobi City County, Kenya." Journal of Public Policy & Governance 6, no. 2 (November 3, 2022): 98–114. http://dx.doi.org/10.53819/81018102t4098.

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The coming into force of the constitution of Kenya 2010 has led to several restructuring efforts in the Kenya law enforcement agency. The national law enforcement agency structure review focused on improving the efficiency and effectiveness of Kenya’s law enforcement agency. For a number of years, the service delivery has not fully reflected the mission statement, of the Kenya law enforcement agency of providing quality service to meet and exceed the expectations of the public. This study sought to determine the impact of police restructuring on the performance of Kenyan police officers in Nairobi City County. The purpose of this study was to determine the effect of resource allocation on the performance of Kenyan police officers in Nairobi City County. This study was anchored on human capital theory and resource dependency theory. This employed in a descriptive study approach, and targeted 3739 Kenya police officers working in Nairobi City County, consisting of 33 Gazetted Officers, 206 members of the Inspectorate and 3500 officers of other ranks, from which a random sample of 361 officers was drawn and used for the study. A structured questionnaire was used was used to collect quantitative data from Kenya police officers of the rank of Inspector and below whereas an interview guide was used to collect qualitative data from Gazetted officers and Chief Inspectors of Police. A total of 246 questionnaires out of a sample of 338 were filled and returned representing a 72.8% return rate whereas a total of 21 interview guides out of a sample of 23 were filled and returned representing a 91.3% return rate.SPSS software aided analysis using descriptive and inferential statistics. The findings revealed that resource allocation had a positive and statistically significant influence on the performance of Kenya police officers. More resources tailored to areas of deployment and nature of assignment to be provided. Finally, the study proposes a further research on the influence of police-community linkage as a result of restructuring, on police officers’ performance and the influence of police integration in the community on the police officer’s performance. Keywords: Resource Allocation, Police Officers, Restructuring, Resource availability, Performance

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Kareithi, Monicah, and Frans Viljoen. "An Argument for the Continued Validity of Woman-to-Woman Marriages in Post-2010 Kenya." Journal of African Law 63, no. 3 (October 2019): 303–28. http://dx.doi.org/10.1017/s0021855319000263.

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AbstractWoman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions of article 45(2) of Kenya's Constitution of 2010 and section 3(1) of the Marriage Act of 2014, which stipulate that adults only have the right to marry persons of the opposite sex. However, a holistic and purposive reading of the constitution, taking into consideration its recognition of culture and the protection of children as important values in Kenyan society, and considering the historical context within which the provisions concerning same-sex marriages were included, leads to the conclusion that these provisions were not intended to proscribe the cultural practice of woman-to-woman marriage in Kenya. The constitutional validity of woman-to-woman marriage opens the door to a more expansive and fluid understanding of “family” in Kenya.

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Murungi, Lucyline Nkatha. "Consolidating Family Law in Kenya." European Journal of Law Reform 17, no. 2 (June 2015): 317–28. http://dx.doi.org/10.5553/ejlr/138723702015017002009.

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8

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

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

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The emergence and use of new technologies such as Peer-to-Peer (P2P) file sharing has brought with it numerous controversies particularly for intellectual property. P2P technologies function by granting its users access to files stored on another P2P user’s hard drive thus enabling them to download on-demand from users who have granted them such access. This aspect of the P2P networks (making files available for download), has been argued to be a violation of the exclusive rights granted by copyright. Consequently, a new right of making available was introduced via the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT) to supplement the existing copyright regime thus making it more adaptable to the digital age. The lack of ratification of the WCT and the lack of recognition of this right in Kenya, points to an inefficiency of Kenyan copyright laws to prevent P2P sharing of protected works in Kenya.

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Kaunda Kodiyo, Kenneth. "Intestacy Laws and the Influences of Colonialism – The Case of Kenya, in Comparison with the English and Australian Laws of Succession." Zbornik Pravnog fakulteta u Zagrebu 71, no. 1 (May 29, 2021): 93–126. http://dx.doi.org/10.3935/zpfz.71.1.05.

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

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Manana, Rodgers Wanyonyi, and Nelson Otieno. "Drones Operations in Kenya: Perspectives on Privacy Challenges and Prospects." Air and Space Law 47, Issue 1 (February 1, 2022): 75–92. http://dx.doi.org/10.54648/aila2022005.

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Kenya has enacted the Civil Aviation (Unmanned Aircraft Systems (UAS)) Regulations 2020 to regulate various aspects of operating, owning or otherwise dealing in UAS, commonly referred to as drones. As expected, the Regulations address security, safety, and privacy concerns arising from the operation of UAS. This article analyses the unique privacy concerns arising from use of civilian UAS; determine adequacy of the drone-specific protection mechanism adopted under the Kenyan law; and determine the role played by the Regulation in balancing the privacy concerns of the citizenry in light of the intrusive nature of drone use. It is observed that other than creation of institutions, the Kenyan legal framework adopts rules on distance between objects and drones, and on fixing of photographic apparatus on drones as crucial means of addressing privacy concerns. Comparatively, however, privacy issues remain peripheral in comparison with the prominence given to security and safety issues in drones’ operations. This article posits that the prospects of addressing the privacy concerns are donned with challenges arising from the peripheral role of privacy. Consequently, it moots that this is possibly influenced by similar inadequacies existing under international law as principally set down under the Chicago Convention of 1944. Civil Aviation, unmanned aircraft systems, regulations, drones, privacy, Kenya, ICT

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Ojwang, J. B., and D. R. Salter. "Legal Education in Kenya." Journal of African Law 33, no. 1 (1989): 78–90. http://dx.doi.org/10.1017/s0021855300008007.

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Legal education in Africa has attracted and will continue to attract the attention of scholars. An important reason is that African countries have enjoyed sovereign statehood for only a comparably short time, during which period transition, experiment, change, and even turmoil, have been the hallmark of society: all factors which must have a profound impact on received law (and, of course, on the primeval law), if this law is to serve effectively as a regulatory and stabilising device. This law, in its received cast, is thrown into a dilemma of turbulence; will it serve in wonted fashion, to give regularity, predictability, and a measure of reason? Or will it readily respond to inevitable change, so as to uphold new institutional positions? As President Kenneth Kaunda of Zambia has observed:“We live in a changing world, and one in which the pace of change is becoming even greater. Neither the character nor the needs of any given society can remain static, and if the law is to fulfil its proper function it must keep pace with the changes. This is not to say that the law must be a straw in the wind; if law is to be an effective instrument of social order it must be a stabilising influence, but it must be flexible and it must be progressive, else it will hinder society in its progress and development. …”

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13

Ross, Thomas W., Robert Mudida, and S. Wagura Ndiritu. "Kenyas New Competition Policy Regime." World Competition 38, Issue 3 (September 1, 2015): 437–62. http://dx.doi.org/10.54648/woco2015034.

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With the coming into force of the Competition Act (2010) and creation of its two key enforcement institutions, the Competition Authority and Competition Tribunal, Kenya has laid the foundation for a modern competition policy regime. This article provides a critical review of the new Act, describing its main elements and highlighting key features that distinguish it from other modern competition laws. While some of these distinctive features follow logically from particularities in the Kenyan historical and economic context, others may invite some discussion – and possibly amendments – in the coming years. Taken together, there is reason for considerable optimism with respect to the future for a modern, effective competition policy in Kenya.

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Jadeed, Moza, Attiya Waris, and Celestine N. Musembi. "The application of Islamic inheritance law in independent and contemporary Kenya: A Muslim’s right to equality and freedom from discrimination." Africa Nazarene University Law Journal 8, no. 1 (2020): 30–64. http://dx.doi.org/10.47348/anulj/v8/i1a2.

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This article argues that the observance of Islamic inheritance law (IIL) by Muslims in Kenya while the rest of the citizens employ a universal inheritance law is legitimate. It is within the Muslims’ right to equality and freedom from discrimination both under the now-repealed 1963 independence Constitution and the present Constitution of Kenya 2010. Through analysis of previous works, cases (local and foreign), statutes, international human rights instruments, international consensus documents, other international agreements, in-depth interviews and focus group discussions, the article justifies the application of IIL in the country. It also conducts a thematic reading of the Qur’an, the Muslim Holy Book and the primary source of Islamic law, to demonstrate that IIL is a matter of exceptional importance to Muslims and therefore deserves accommodation in the Kenyan legal system under the right to equality and freedom from discrimination. The article, therefore, allays fears and misconceptions that the recognition of IIL in the country’s normative structures gives Muslims special treatment, makes them lucky and/or disunites Kenyans. Instead, it shows that such an arrangement is lawful and aligns with the principle of separation of the state and religion. It also makes Kenya inclusive and cohesive as it respects the rights of all its citizens, including the minorities. And because the enjoyment of this right is personal, the article highlights that the hesitance by other minority groups (locally and abroad) to assert it during their countries’ lawmaking or law reform processes does not estop Kenyan Muslims from doing it.

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15

Hoexter, Cora. "Administrative Justice in Kenya: Learning from South Africa's Mistakes." Journal of African Law 62, no. 1 (February 2018): 105–28. http://dx.doi.org/10.1017/s0021855318000025.

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AbstractThe wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.

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Kabau, Tom. "Constitutional law of Kenya on devolution." Strathmore Law Journal 2, no. 1 (August 1, 2016): 213–20. http://dx.doi.org/10.52907/slj.v2i1.23.

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17

Waller, R. D. "Witchcraft and Colonial Law in Kenya." Past & Present 180, no. 1 (August 1, 2003): 241–75. http://dx.doi.org/10.1093/past/180.1.241.

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18

Malala, J. "Consumer Law and Policy in Kenya." Journal of Consumer Policy 41, no. 4 (September 25, 2018): 355–71. http://dx.doi.org/10.1007/s10603-018-9390-3.

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Maina, Eva, and Edward Paranta. "Taxing Income from Illegal Activity: The Kenyan Perspective." Strathmore Law Review 2, no. 1 (January 1, 2017): 103–21. http://dx.doi.org/10.52907/slr.v2i1.96.

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Increasingly, states are being called upon to act on illicit financial flows with respect to taxation. In a recent decision, the Court of Appeal of Kenya held that illegal income is taxable under the Kenyan law. There are various arguments for and against taxation of illegal income. As well as arising issues such as deductibility of expenses incurred in the process of income generation, how it relates with the right against self-incrimination and the role of tax law in reinforcing the criminal justice system. This essay is an analysis on whether illegal income in Kenya should be subjected to taxation. The contribution surmises that while taxation of such income may reap benefits, caution must be exercised in order to protect the right against self incrimination.

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Barnabas, Sylvanus Gbendazhi, and Donatus Onuora Okanyi. "The Interface Between National and International Law in Africa: Nigeria and Kenya in Comparative Perspective." Africa Journal of Comparative Constitutional Law 2021, no. 1 (2021): 41–66. http://dx.doi.org/10.47348/ajcl/2021/a3.

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This paper examines the interface between national and international law in Africa, with a special focus on Nigeria and Kenya, by comparatively examining both states. The choice of Kenya as a comparator is because, like Nigeria, Kenya is anglophone. Kenya has embarked on fairly recent constitutional reforms in relation to the position of international law in its legal system. The choice of Nigeria is because as an Anglophone African state, it represents the traditional attitude towards international law practised in Anglophone Africa. The purpose of the comparative analysis is to investigate whether there are lessons that Nigeria and other Anglophone African states may glean from Kenya’s constitutional law reforms. In addition to the comparative approach, the methodology is also doctrinal. It will be suggested that Anglophone African countries like Nigeria should adopt the current approach that Kenya has adopted towards engaging with international law at its national level.

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Mujuzi, Jamil Ddamulira. "Private Prosecutions in Kenya." African Journal of Legal Studies 11, no. 1 (June 11, 2018): 33–70. http://dx.doi.org/10.1163/17087384-12340027.

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AbstractIn Kenya private prosecutions are governed by different laws. These are the Criminal Procedure Code, the Office of the Director of Public Prosecutions Act, the Constitution and case law developed by courts. The purpose of this article is to demonstrate how courts have invoked these laws to deal with the following issues that relate to private prosecutions: the right to institute a private prosecution, locus standi to institute a private prosecution, and measures in place to prevent or minimise the abuse of private prosecutions. The author recommends ways through which Kenyan legislation could be amended to strengthen the private prosecutions regime.

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Mũrĩithi, Wairimũ. "Fragments Towards an Impossible (Domestic) Genre of the Human in Kenyan Crime Fiction." English in Africa 47, no. 3 (February 10, 2021): 99–119. http://dx.doi.org/10.4314/eia.v47i3.6s.

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Extrajudicial executions and other forms of police violence in Kenya have always been an issue of significant concern in local and international media and human rights organisations. Reflective of this, scholarly interest in crime fiction in Kenya has grown significantly in recent years. However, the gendered implications of criminality – from sex work to errant motherhood to alternative modes of investigation – are still largely overlooked in postcolonial literary fiction and criticism. As part of a larger study on how women writers and characters shape crime fiction in Kenya, this paper critically engages with stories that the criminalised woman knows, tells, forgets, incarnates, discards or hides about the city. It does so by examining the history of urban sex workers in Kenya, the representation of ‘urban women’ in postcolonial Kenyan novels and contemporary mainstream media, and the various (post) colonial laws that criminalise sex work. Through Justina, an elusive character in Yvonne Adhiambo Owuor’s Dust, I consider how (post)colonial legislative frameworks and social life attempt to manage “impossible domesticity” (Saidiya Hartman) inside and against the geo-history of gendered and classed criminality in urban Kenyan spaces. My purpose is to interrogate hegemonic constructions of the citizen – and by extension, of the human – in Kenyan law and public morality Keywords: crime fiction, feminism, sex work, human, homo narrans

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Kiilu, Natalie. "Indirect Discrimination: Huduma Namba (Digital Identification) and the Plight of the Nubian Community in Kenya." Strathmore Law Review 7, no. 1 (October 13, 2022): 17–47. http://dx.doi.org/10.52907/slr.v7i1.188.

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Years after Kenya’s independence, the Nubians in Kenya are yet to enjoy the status of being fully-fledged citizens in their country. This is due to a variety of factors including the government’s refusal to formally acknowledge them as citizens, and its reluctance to streamline the current vetting process despite the overwhelming proof of its shortcomings. The discriminatory approach in the issuance of Kenyan identity cards (IDs) through the vetting process on grounds of religion and ethnicity not only entrenches the social, political, and economic exclusion of Nubians in Kenya but is also prohibited under Article 27(4) of the Constitution as indirect discrimination. Without taking adequate steps to change the status quo, the Kenyan government has instead launched a new digital identification system whose enrolment requires citizens’ IDs. Despite the full roll-out being halted by the court on grounds of data protection concerns, the switch to the Huduma Namba system is nonetheless set to disproportionately affect the ability of Nubians to participate as Kenyan citizens and contribute to their ‘otherness’. Consequently, this paper argues that the mandatory operationalisation of the Huduma Namba system in Kenya will constitute indirect discrimination against the Nubian community. It conducts this assessment by discussing the moral wrongfulness of indirect discrimination and laying out the architecture of indirect discrimination law in Kenya.

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Hashim, Abdulkadir. "Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects." Islamic Africa 11, no. 2 (September 1, 2021): 208–31. http://dx.doi.org/10.1163/21540993-01101015.

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Abstract This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.

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Wabwile, Michael Nyongesa. "The Place of English Law in Kenya." Oxford University Commonwealth Law Journal 3, no. 1 (January 2003): 51–80. http://dx.doi.org/10.1080/14729342.2003.11421422.

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26

Sang, Brian. "Tending Towards Greater Eco-Protection in Kenya: Public Interest Environmental Litigation and Its Prospects Within the New Constitutional Order." Journal of African Law 57, no. 1 (January 28, 2013): 29–56. http://dx.doi.org/10.1017/s0021855312000150.

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AbstractKenya's 2010 Constitution has inaugurated into the Kenyan legal framework, among other things, express constitutional recognition of the right to a clean and healthy environment. The constitutionalization of this right and the establishment of liberal provisions for the institution of judicial proceedings in the event of its infraction bear significant implications for public enforcement of environmental rights in Kenya. Hitherto, this was based on the restrictive interpretation of locus standi premised on the principles of common law. This article focuses primarily on public interest environmental litigation in Kenya. It analyses judicial treatment of public interest action for environmental claims in the past and proffers some insights on the prospects for such action under Kenya's new constitutional order. It argues that, with the provision of an explicit and permissive constitutional basis for public interest environmental litigation, it is reasonable to conclude that Kenya is tending towards greater eco-protection.

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Mutiso, Benedeta. "Getting to Equal: Resolving the Judicial Impasse on the Weight of Non-Monetary Contribution in Kenya's Marital Asset Division." Michigan Journal of Gender & Law, no. 26.1 (2019): 121. http://dx.doi.org/10.36641/mjgl.26.1.getting.

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Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, it provides that monetary contribution and non-monetary contribution are the only factors for dividing marital property on divorce. The Kenyan courts have issued contradictory decisions on the weight of nonmonetary contribution in long-term and short-term marriages. Without guidance on the weight of non-monetary contribution during divorce proceedings, the courts have left potential litigants, especially women, to navigate the unsettled waters of marital disputes in the legal system. Kenya’s Parliament should take steps to clarify the legislation, develop regulations on the weight of non-monetary contribution, and provide statutory factors for consideration during division of marital property. This will ensure that courts meet the overriding objective of achieving a fair outcome in marital property disputes. Because of the constitutional guarantee of equality, the courts must begin analysis of property division by assuming each spouse is entitled to half of the marital property.

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Cotran, Eugene. "Marriage, Divorce and Succession Laws in Kenya: Is Integration or Unification Possible?" Journal of African Law 40, no. 2 (1996): 194–204. http://dx.doi.org/10.1017/s0021855300007762.

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It gives me great pleasure to contribute to this liber amicorum for my colleague and friend James Read. I wish him a happy retirement though I suspect that his hunger for research and discovery into African law will continue. I met Jim some 36 years ago when I joined the School of Oriental and African Studies as a research officer in African law attached to the Restatement of African Law Project of which Tony Allott was the Director. Like me, Jim was then a young student of African law, being taught and coached by the pioneer of the subject, Tony Allott. Again, like me, Jim also specialized in East Africa and in the early 1960s we exchanged notes and ideas and collaborated on research into the customary and other laws of Uganda, Kenya and Tanzania. Naturally Jim took a special interest in my Restatement of African Law in Kenya and I am forever grateful for his encouragement and enthusiasm during the research and afterwards, when the Kenya Government decided to go further than the Restatement and integrate its marriage, divorce and succession laws. This article tells the story of the establishment of the two Kenya Commissions on the subject and asks whether such unification or integration is possible.

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Mutuma, Kenneth Wyne. "Customary international humanitarian law: An overview of Kenya’s state practice in the post-2010 Constitution era." African Yearbook on International Humanitarian Law 2020 (2020): 121–58. http://dx.doi.org/10.47348/ayih/2020/a5.

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With the exception of the shifta wars in the northern part of the country, Kenya has, for the greater part of its post-colonial history, enjoyed relative conditions of peace. This, in turn, has affected the volume of and quality of knowledge on Kenya’s state practice on international humanitarian law (IHL). The Customary IHL study of the International Committee of the Red Cross (ICRC) in 2005 reviewed state practice in the country at the time, based on materials such as military manuals, national laws and case law. However, since 2005, two significant events have had a direct bearing on the country’s IHL state practice. The first is the ushering in of a new constitutional order through the Constitution of Kenya, 2010, and the second is the Kenyan military troops’ incursion into Somalia against the Somali terrorist group, Al-Shabaab. This paper looks at the significant ways in which these two events have led to key additions to Kenya’s state practice, under four main headings: military manuals, national laws, court cases and other sources.

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Kuira, Mary. "The Implications of the Adoption of a Model Sexual Harassment Policy Within the Flower Sector in Kenya." Business and Human Rights Journal 7, no. 1 (February 2022): 168–74. http://dx.doi.org/10.1017/bhj.2021.46.

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The Kenyan flower industry is one of the largest in the world and it is estimated to contribute around one per cent to Kenya’s gross domestic product (GDP).1 According to the Kenya Flower Council (KFC), Kenya exports about 70 per cent of its cut flowers for sale on the European market.2 Women constitute around 65 to 75 per cent of the workforce in the Kenyan flower industry, performing unskilled and poorly paid jobs.3 Female floriculture workers in Kenya experience high rates of sexual harassment (SH) and other forms of workplace violence.4 SH is deeply rooted in power imbalances between the parties involved, which can impact on the ability of the victim to resist or expressly indicate that the conduct is unwelcome. Such power imbalance can threaten victims into silence, resulting in incidences going unreported.5 According to a study on gender, rights and participation in the cut flower industry in Kenya, SH is particularly prevalent among women who are supervised by male managers.6 It was found that the persistence of SH is related to the hierarchical employment structure of floriculture companies, coupled with the lack of female managerial staff, both of which also prevented women from reporting incidences of SH.

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Ojwang, J. B., and D. R. Salter. "The Legal Profession in Kenya." Journal of African Law 34, no. 1 (1990): 9–26. http://dx.doi.org/10.1017/s0021855300008160.

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The legal profession, and legal education (which is the subject of an earlier article), in operational terms form one continuum. On the earlier occasion we depicted legal education as, in essence, referring to “experiences and training which help different kinds of people to understand and use law in society”. In more specific terms, legal education is concerned with the formal or approved stages of education and training, in preparation for service in such legal roles as: representing parties in judicial or related proceedings; giving legal advice and preparing legal documents or instruments in non-contentious matters; presiding over or participating in tribunals of a legal or quasi-legal character; representing the state in matters of a legal or quasi-legal nature; etc.The often large body of professionals, who are the product of such a system of education, invariably necessitates the establishment of governing bodies; the enactment of regulatory legislation; the adoption of controlling practices; the fostering of certain norms and mores of professional culture; etc.

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Wachanga, Jesse. "The Kenya Anti‐Corruption Commission." Commonwealth Law Bulletin 34, no. 3 (September 2008): 673–77. http://dx.doi.org/10.1080/03050710802268554.

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Vyas, Yash. "Alternatives to imprisonment in Kenya." Criminal Law Forum 6, no. 1 (1995): 73–102. http://dx.doi.org/10.1007/bf01095719.

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Schofield, Justice. "Judicial Independence in Kenya." Journal of Commonwealth Law and Legal Education 3, no. 1 (November 2005): 5–15. http://dx.doi.org/10.1080/14760401.2005.12005934.

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Beswick, Samuel. "Strike-out Appeals, Unjust Enrichment, and Discoverability: Insights from Kenya." Common Law World Review 51, no. 1-2 (May 18, 2022): 12–23. http://dx.doi.org/10.1177/14737795211070838.

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This note analyses a judgment of the Kenyan Court of Appeal that implicates issues that have been on the move in private law jurisprudence around the common law world. These issues are: (1) the interlocutory/final ruling distinction that appellate courts in Australia, Canada, Ghana, India, New Zealand, and elsewhere continue to grapple with; (2) when courts can reframe pleadings for breach of contract as claims in unjust enrichment, an issue recently considered by the Privy Council (2020); (3) the essentiality of ‘mistake’ for the purposes of benefitting from an extended limitation period – the subject of continued contention among unjust enrichment scholars; and (4) when mistakes are reasonably discoverable for limitation purposes, which has been the subject of major litigation before the United Kingdom Supreme Court (2020) and the Supreme Court of Canada (2021). The resolution of these issues in Alba Petroleum Ltd v Total Marketing Kenya Ltd could have been usefully informed by – and can inform – comparative common law jurisprudence.

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Francis D. P. Situma. "The Law and the Working Environment in Kenya." Ilkam Law Review ll, no. 25 (June 2013): 285–318. http://dx.doi.org/10.35148/ilsilr.2013..25.285.

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Ross, Stanley D. "The Rule of Law and Lawyers in Kenya." Journal of Modern African Studies 30, no. 3 (September 1992): 421–42. http://dx.doi.org/10.1017/s0022278x0001082x.

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Kenya has for many years enjoyed a reputation for political stability, democratic institutions, lack of corruption, and economic growth, unlike a number of other countries in Africa. The Government has sought to emphasise this image in order to retain and attract foreign investment and aid, and to maintain a booming tourist industry. But for some time a corrosion of the rule of law has been taking place behind the facade of legitimacy, a process so accelerated during 1990 and 1991 that many people have questioned the validity of Kenya's reputation.

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Hanmer, Lucia, Gerrishon Ikiara, Walter Eberlei, and Carolyn Abong. "Kenya." Development Policy Review 21, no. 2 (February 27, 2003): 179–96. http://dx.doi.org/10.1111/1467-7679.00205.

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Gunawan, Yordan, Andi Agus Salim, Ewaldo Asirwadana, and Satya Bayu Prasetyo. "PERSPECTIVE OF INTERNATIONAL LAW ON MARITIME DISPUTE: CASE BETWEEN KENYA AND SOMALIA." Jurnal Hukum 37, no. 2 (November 20, 2021): 69. http://dx.doi.org/10.26532/jh.v37i2.16241.

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The research analysed the maritime dispute between Kenya and Somalia under the international law perspective. Both states have been experiencing maritime disputes over maritime boundaries of more than 100,000 sq km of seabed in the waters of the Indian Ocean. They began to clash after Somalia accusing Kenya of illegally granting exploration rights to resources in the waters to multinational companies, Total and Eni. As Kenya declared, the waters of the East African Coast are one of the hottest oil exploration prospects in the world, and the contested area has hydrocarbon reserves. The research method is normative legal research. Accordingly, the nature of the research was descriptive-qualitative with data collection techniques by conducting a literature study. The research shows that maritime boundary dispute has worsened diplomatic relations between Kenya and Somalia. Prior to bringing the case to the International Court of Justice (ICJ), the two states agreed to resolve the dispute through bilateral negotiations. However, the case was still unsettled. Therefore, Somalia decided to bring the case before the Court.

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Cotula, Lorenzo, and James T. Gathii. "Cortec Mining Kenya Limited, Cortec (Pty) Limited, and Stirling Capital Limited v. Republic of Kenya." American Journal of International Law 113, no. 3 (July 2019): 574–81. http://dx.doi.org/10.1017/ajil.2019.27.

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In Cortec v. Kenya, an investor-state arbitral tribunal established under a bilateral investment treaty (BIT) held it lacked jurisdiction to hear a dispute concerning a mining project that the tribunal found did not comply with domestic environmental law. The award raises significant issues of public international law, including how questions of investor compliance are considered in investor-state dispute settlement and the legal implications of investor noncompliance. The issues resonate with wider debates about balancing investor rights and obligations in the international investment regime.

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Ndetei, David M., Job Muthike, and Erick S. Nandoya. "Kenya's mental health law." BJPsych. International 14, no. 4 (November 2017): 96–97. http://dx.doi.org/10.1192/s2056474000002117.

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Kenya's Mental Health Act 1989 is now outdated. It is a signatory to international rights conventions that provide for state protection of the rights of people with mental illness, their property and their treatment. There is, however, a glaring failure to implement the existing legal provisions. A new Mental Health Bill that aims to respond comprehensively to the challenges affecting mental health services in Kenya is awaiting enactment.

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Fondo, Esther N., and Benrick Ogutu. "Sustainable crab fishery for Blue Economy in Kenya." Aquatic Ecosystem Health & Management 24, no. 1 (January 2, 2021): 21–26. http://dx.doi.org/10.14321/aehm.024.01.05.

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Abstract Lakes, rivers and oceans provide unique resources and support fisheries and aquaculture worldwide. The fisheries and aquaculture sector of Kenya contributes approximately 0.8% to the country’s GDP. Marine production is about 9 000 tonnes per year. Marine finfish form the bulk of the marine production, while shellfish (e.g. prawns, lobsters and crabs), molluscs (e.g. octopi and squids) are underexploited. The Fishery sector has the potential of about USD 5 billion for the Blue Economy in Kenya. Crab fishery in Kenya is active in some areas of the south and north coast. The crab resources along the Kenyan waters are diverse and a variety of species are edible. The most commonly fished crab by artisanal fishers is the Mangrove Mud Crab Scylla serrata. Semi-commercial and industrial fishers usually have portunid and other deep sea crabs as by-catch in trawl and longline fisheries, which in many cases are unutilized. Exports of live crabs have increased over the years, with exports mainly to Asian countries. Export of frozen crabs started recently. The need to sustainably utilize lake, river and ocean resources is recognized and important in promoting Blue Economy. Sustainable development of crab fishery provides a potential area for the Blue Economy development in Kenya. Research is essential to crab fishery development.

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Mabe, Zingaphi. "Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya." Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5364.

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The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-restructuring only, in order to eventually satisfy the creditor's claims. Attention is given to the sequestration process and the alternatives to sequestration as they relate specifically to the discharge or lack of a discharge of a debtor's debts. The South African law is compared to Kenyan Law. This article seeks to analyse the alternatives to the bankruptcy provisions of the newly enacted Kenyan Insolvency Act 18 of 2015 in order to influence the possible reform of insolvency law in South Africa. Like the South African Insolvency Act, the old Kenyan Bankruptcy Act (Cap 53 of the Laws of Kenya) also did not have alternatives to bankruptcy. The old Kenyan Bankruptcy Act, however, contained a provision on schemes of arrangement and compositions. The Kenyan Insolvency Act now caters for alternatives to bankruptcy and provides a wide range of alternatives to bankruptcy, some of which allow debtors in different financial positions to obtain a discharge.

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Kuria, Gibson Kamau, and Algeisa M. Vazquez. "Judges and Human Rights: The Kenyan Experience." Journal of African Law 35, no. 1-2 (1991): 142–73. http://dx.doi.org/10.1017/s002185530000841x.

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On 4 July, 1989 in Maina Mbacha v. Attorney General the High Court of Kenya appeared to remove itself from its role of enforcing the Bill of Rights of Kenya. The court ruled “inoperative” section 84 of the Constitution of Kenya which grants original jurisdiction to the High Court to enforce Fundamental Rights and Freedoms of the Individual, section 70–83 (inclusive) (Chapter V). The provision was deemed “inoperative” in Kamau Kuria v. Attorney General, and this was upheld shortly thereafter in Maina Mbacha when the High Court found that no rules of procedure had been enacted to enforce the Bill of Rights and dismissed for lack of jurisdiction. Indeed, in the latter case the court dismissed the application for lack of jurisdiction even though the case was before the court by virtue of the constitutional grant of “original unlimited jurisdiction”. As a matter of established law, the court can be approached by any available procedure when ruling to enforce established constitutional rights. Ordinary rights can be defeated for failure to follow procedure, but historically, procedural requirements often defer to constitutionally granted rights. Once the Bill of Rights was enacted in the Constitution, its enforcement became supreme to all other law, including procedural rules, for the supremacy clause of the Kenya Constitution states: “… if any other law became inconsistent with this Constitution, this Constitution shall prevail and the other law shall to the extent of the inconsistency be void”

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Odek, James Otieno. "The Kenya Patent Law: Promoting Local Inventiveness or Protecting Foreign Patentees?" Journal of African Law 38, no. 2 (1994): 79–103. http://dx.doi.org/10.1017/s0021855300005465.

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African countries, in particular Kenya, have recognized the role of science and technology in long-term economic adaptation and development. Consequently, they have turned to national planning with emphasis on science and technology. In this respect, the goals of national planning are geared towards enhancing the transfer and acquisition of foreign technology and the promotion of local inventive capacity. In Kenya, the importance of these goals is reflected in the enactment of a new patent law embodied in the Industrial Property Act of 1989.

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Mosoti, Victor. "Reforming The Laws On Public Procurement In The Developing World: The Example Of Kenya." International and Comparative Law Quarterly 54, no. 3 (July 2005): 621–50. http://dx.doi.org/10.1093/iclq/lei020.

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Kenya is one of the countries that are currently in the process of preparing a new law on government procurement as part of the anti-corruption efforts of a new democratically elected government which came into power in December 2002. Whereas it may be too early to judge the commitment of the new government to meaningful and consistent anti-corruption initiatives, one may already discern either a definite unwillingness to move forward with serious reforms or an implicit acquiescence towards corrupt practices, particularly in the government procurement process. In this paper, we shall examine Kenya's government procurement laws, and their practical application. We focus on two recent examples of the procurement process, one by a government ministry and the other by a parastatal body. The first example of application we shall look at is the controversy over the procurement of HIV-Aids testing equipment by the Ministry of Health, and the second is the procurement of cranes by the Kenya Ports Authority. We shall end with a brief examination of the proposed Public Procurement and Disposal Bill (2003)l which is currently before the Kenyan parliament and how it may revolutionalize the government procurement process in Kenya. This Bill has already received the approval of the Cabinet of Ministers and is due for the second reading in Parliament.2 Despite the Government having stated its commitment to have the bill enacted, the bill has not been passed yet.3 In the last substantive part of the paper, we assess the relevant international agreements and standards such as the UNCITRAL Model Law on Public Procurement and the WTO's Agreement on Government Procurement, and also highlight the regional procurement law.

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Amutete, Cynthia. "Copyright in Digital Television Broadcasting in Kenya: An Analysis of the Royal Media Services Case." Strathmore Law Journal 4, no. 1 (May 1, 2020): 69–87. http://dx.doi.org/10.52907/slj.v4i1.45.

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Kenyan superior courts missed an opportunity to discuss and authoritatively settle the law on the nature of copyright in broadcasts and the effect of the must carry rule in digital broadcasting through their decisions in the Royal Media Services case. The Supreme Court, in arriving at its decision, failed to be guided by Kenyan law on copyright in broadcasts and the must carry rule in three key areas. First, the Supreme Court relied on the Philippines’ decision on the definition of a broadcasting organisation without considering the provisions of the Copyright Act (Chapter 130) and the Kenya Information and Communication Act (Chapter 411). Second, the Supreme Court relied on the doctrine of fair use as envisaged in the Philippines copyright regime, yet Section 26 of the Kenyan Copyright Act provides for fair dealing. Third, the Supreme Court relied on the public interest defence without discussing its basis and establishing its parameters, especially since public interest is not provided for in Copyright Act. The Supreme Court erred in determining that rebroadcasting of local broadcasts by subscription television licencees was not an infringement of copyright in broadcast.

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Mujuzi, Jamil Ddamulira. "The Islamic Law of Marriage and Inheritance in Kenya." Journal of African Law 65, no. 3 (October 2021): 377–401. http://dx.doi.org/10.1017/s0021855321000346.

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AbstractArticle 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

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Roux-Kemp, Andra Le. "The Enforceability of Health Rights in Kenya: An African Constitutional Evaluation." African Journal of International and Comparative Law 27, no. 1 (February 2019): 126–49. http://dx.doi.org/10.3366/ajicl.2019.0262.

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Kenya's recently promulgated 2010 Constitution has been met with much enthusiasm and expectation after a difficult and protracted history of constitutional development and reform. This article considers and evaluates the key constitutional provisions with regard to the recognition of health rights in Kenya together with other health-related provisions, and with specific reference to the realisation and enforceability thereof. This evaluation will be conducted from a comparative perspective with references made to other African constitutions and case law. It is the objective of this article to offer a critical evaluation of the health rights included in the Kenyan Bill of Rights in relation to its African counterparts and to consider the possibilities and potential obstacles for the realisation and enforcement thereof. It is evident from this comparative evaluation that the Kenyan Bill of Rights contains pioneering provisions with regard to the right to health that can bring about meaningful changes for Kenyan citizens through effective socio-economic rights jurisprudence.

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Akech, J. M. Migai. "Judicial review of spending powers: should Kenyan courts entertain taxpayers' actions?" Journal of African Law 44, no. 2 (2000): 195–217. http://dx.doi.org/10.1017/s0021855300012213.

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Combatting the mismanagement of government funds by public officials remains a challenge in Kenya as well as in many African countries. Current mechanisms have not proved effective and need strengthening. This article argues that courts in Kenya should allow taxpayers standing to bring actions challenging allegedly improper government expenditure. Drawing upon the experience of courts in the United States, it demonstrates the potential effectiveness of such actions.

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Journal articles on the topic 'Law, kenya'

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