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1

Onyango, J. C. "Some effects of water deficit on rainfed landraces of rice (Oryza sativa L.) indigenous to Kenya". Thesis, University of Sussex, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.304869.

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Mwongera, David Thuranira. "Determining the population structure and avirulence gene repertoire of the rice blast fungus Magnaporthe oryzae in Kenya by comparative genome analysis". Thesis, University of Exeter, 2018. http://hdl.handle.net/10871/33087.

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Rice blast disease is caused by the ascomycete fungus Magnaporthe oryzae and is of economic importance worldwide, due to its wide geographical distribution and the severe yield losses it causes on cultivated rice. Understanding the population structure of M. oryzae is key to sustainable management of blast disease. In this study, a total of 290 M. oryzae isolates were collected from rice growing regions in Kenya including Central Kenya (Mwea irrigation scheme), Western Kenya (Ahero and Maugo irrigation schemes in Ahero and Homa-Bay respectively) and Coastal Kenya (Kwale). Initially, I undertook genotyping of a subset of Kenyan isolates by DNA sequence analysis of the internal transcribed spacer regions (ITS 1 and ITS 2) of the rRNA-encoding gene unit and by DNA fingerprinting using the Pot2 repetitive DNA element. Phylogenetic analyses based on ITS sequences clustered together isolates from Western and Coastal Kenya which were distinct from Central Kenya isolates. Cluster analysis based on 80% DNA fingerprint similarity, identified five clonal lineages designated KL1, KL2, KL3, KL4 and KL5 with most isolates belonging to lineages KL2, KL3, KL4. The clustering of isolates was region specific with Western and Coastal isolates closely related to each other and distinct from Central Kenya isolates. Distribution of mating type gene loci (MAT1.1 and MAT1.2) was determined using mating type gene specific primers. My results indicate that MAT1.1 is the predominant mating type and is distributed in all the rice growing regions of Kenya. MAT1.2 isolates were identified only in Coastal Kenya. I further undertook high throughput next-generation DNA sequencing of the genomes of 27 M. oryzae isolates from sub-Saharan Africa (SSA), including Kenya, Uganda, Tanzania, Benin, Togo, Nigeria and Burkina Faso and compared them to other sequenced strains from China, India, USA, Philippines, Thailand, Korea, Japan, France and French Guiana. Single nucleotide polymorphisms (SNPs) indicated that majority of East African isolates of M. oryzae clustered separately from West African isolates. African isolates clustered with isolates from India and China, indicating that rice blast in SSA may have originated from Asia. Pathotype analysis of Kenyan isolates was undertaken using a set of monogenic differential rice varieties, collectively harbouring 24 disease resistance genes. Rice blast resistance gene Pi-z5 conferred resistance to all the isolates tested. Other resistance genes that conferred resistance to majority of isolates tested include Pi-9, Pi-12(t), Pi-ta, Pi-ta2 and Pi-z. These resistance genes are suitable candidates for introgressing into commercially grown varieties in Kenya in combinations. I also investigated the population of M. oryzae isolates to identify cognate avirulence gene loci, including novel genes not yet reported. Finally, I evaluated rice varieties grown in Kenya for resistance to indigenous rice blast isolates under laboratory conditions. Rice variety Basmati 370 was susceptible to rice blast with varieties IR2793-80-1, BW 196, NERICA 1, NERICA 4, NERICA 10, and NERICA 11 showing some disease resistance. Varieties ITA 310 and Duorado Precoce were moderately tolerant to rice blast. This information is being used to develop a durable blast resistance strategy in sub-Saharan Africa.
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3

Gicheru, Mercy Njeri. "Barriers and enablers to uptake and implementation of system of rice intensification: a case study of Mwea irrigation scheme in Kenya". Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/23716.

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It already seems preposterous to be able to sufficiently meet global food demand of the expected nine billion people by 2050 while at the same time maintain our emissions levels below 2ᵒC by the end of the century. This is more so for a continent such as Africa where much of this population is expected to arise from considering the fact that the continent is ranked to have the highest proportion of food insecure population. In order to overcome this challenge, we will need a total revolution of our agricultural production systems to systems that not only focus on increasing food production but also build our resilience to climate change. An example of one such practice is System of Rice Intensification (SRI) which is acclaimed to increase rice production while at the same time reducing the pressure on scarce water resources, minimizing agricultural greenhouse gases emissions and improving the farmers' households' adaptive capacity to climate change impacts by increasing their income. However, despite the success attributed to SRI, its uptake across Sub Saharan Africa is arguably low. This is puzzling considering the high proportion of food insecurity in the region and the region's susceptibility to damage from increased severity and frequency of climate extreme events such as droughts and floods due to its geographical positioning and the limited adaptive capacity of its people. In this work, the researcher sought to understand the barriers and enablers to the adoption of the System of Rice intensification in Mwea irrigation scheme (MIS) in Kenya. The findings show that most barriers to the uptake of SRI in MIS occur during the dissemination of SRI. Further critical barriers to the uptake of SRI in MIS were identified as follows: lack of formal SRI training, high costs of rice production, failure to involve key stakeholder institutions such as SACCOs while marketing SRI and farmer's age. Moreover, the study also depicted that most barriers to SRI adoption were intertwined, thus focusing on a single barrier would be myopic. Furthermore, enablers to the uptake of SRI in MIS are tied to the benefits of SRI pre-empted by lead farmers. This correlation implies that the benefits of SRI are key motivators for SRI adoption. Other enablers include training. However, informal training on SRI through social networks which play a crucial role at disseminating climate adaptation activities amongst small scale farmers, is marked with a lot of inconsistencies which makes it a barrier for SRI uptake. In this regard, we advise that SRI trainers clearly highlight the activities involved in SRI and their resultant benefits during initial SRI information dissemination.
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4

Kim, Chang Hwan. "Africanization and the rise of managerial class in Kenya". Thesis, University of Oxford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302916.

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5

Tinga, Kaingu Kalume. "Secrets of slaves the rise and decline of Vinyago Masquerades in the Kenya coast (1907 to the present)". Thesis, UWC, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4795_1395222291.

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6

Fraser, Donald Henri Maclean. "The rise and fall of the British veterinary profession in the agrarian development of Kenya, 1937-1967". Thesis, University of Cambridge, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709518.

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7

Voigt, Maike [Verfasser]. "The Rise and Fall of Kenyan Entrepreneurs : Social Mobility in Kisumu / Maike Voigt". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://d-nb.info/1237168228/34.

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8

Cheeseman, Nicholas. "The rise and fall of civil-authoritarianism in Africa : patronage, participation, and political parties in Kenya and Zambia". Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439711.

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9

多日帝, 室仁 y David Muroni. "Post-election violence and governance in Kenya : the rise and fall of the Truth, Justice, and Reconciliation Commission (TJRC)". Thesis, https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB13142671/?lang=0, 2020. https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB13142671/?lang=0.

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この論文は、ケニアの選挙後の暴力の年表に焦点を当てています。それがどのように始まり、頂点に達し、減少、そして再発を探ります。ケニアで2008年に創設された真実、正義、和解委員会は、独立後35年間の過去の人権不正と不正行為を文書化に行なった。複数の要因が組み合わされ、複数政党の大統領選挙で暴力を引き起こします。政府が問題の一部であるため、委員会による良心的な最終報告書と勧告は保留中です。
This thesis focuses on the chronology of post-election violence in Kenya. It explores how it started, peaked, faded, and returned. The Truth, Justice, and Reconciliation Commission created in 2008 in Kenya documents 35 years of past human rights injustices and malpractices from independence in 1963. Multiple factors combine and trigger violence in multiparty presidential elections. The conscientious final reports and recommendations by the Commission remain in limbo as the government is part of the problem. Unequally shared land resources and a grave presidential contest cause post-election violence. Empowering the Supreme Court is a necessity for fair justice.
博士(グローバル社会研究)
Doctor of Philosophy in Global Society Studies
同志社大学
Doshisha University
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10

Muhwezi, Andrew M. "Transnational terrorism in East Africa: a qualitative and quantitative analysis of the recent rise in Kenyan violence". Thesis, Monterey, California: Naval Postgraduate School, 2014. http://hdl.handle.net/10945/42693.

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Approved for public release; distribution is unlimited
This thesis analyzes recent trends of transnational terrorism in East Africa. It assesses the background of domestic and international terrorist attacks in the region from 1998 to 2012. The study then quantitatively analyzes regional trends, using data drawn from the Global Terrorism Database (GTD) showing dramatic increases in levels of terrorist violence from terrorist organizations like Al-Shabaab. Based on Al-Shabaab’s propaganda, conventional wisdom suggests that the recent increase in transnational terrorism in East Africa is attributable to Al-Shabaab’s retaliation for countries’ troop contributions to the African Union Mission in Somalia (AMISOM). In contrast, the analysis presented here is based on the hypothesis that a causal relationship exists between large flows of Somali refugees and increases in terrorist violence. Evidence shows that Al Shabaab operatives disguise themselves as refugees to cross borders and evade detection. Refugee populations are used as sources of recruitment and as safe havens for planning and executing terrorist attacks, particularly in Kenya. Recommendations include: (1) intensification of information operations and human intelligence efforts, (2) strengthening of the Joint Counter Terrorism Center by establishing strategies for deterrence and disruption of transnational terror networks, and (3) coordination of regional actions for countering terrorist threats attributed to Somali refugee communities.
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11

Weiss, Tim Verfasser], Helmut [Akademischer Betreuer] [Willke, Klaus [Akademischer Betreuer] Weber y George [Gutachter] Njenga. "Behind the Scenes of Technology Entrepreneurship in Kenya: A Rich Microcosm for Contextualizing and Advancing Global Organization Studies / Tim Weiss ; Gutachter: George Njenga ; Helmut Willke, Klaus Weber". Friedrichshafen : Zeppelin Universität, 2017. http://d-nb.info/1128901064/34.

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12

Munji, Kimani John. "Genetic studies of quantitative and quality traits in rice under low and high soil nitrogen and phosphorous conditions, and a survey of farmer preferences for varieties". Thesis, 2010. http://hdl.handle.net/10413/8145.

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Rice is an important crop ranking third after maize and wheat in Kenya. Its demand is growing at 12% per annum, while production has stagnated for quite a number of years. This situation has lead to consumption outstripping production by about 84%. There is therefore an urgent need to step up domestic production. To understand farmers’ preferences, the first survey on rice production was carried out. To supplement on this survey information, focus group discussions and key informants were incorporated to further shed more information. The farmers demonstrated their preferences for varieties that were high yielding, hybrid rice and with high nutrient use efficiency and these constituted 53.7% of their wishes. Among the crops grown by the selected farmers, rice was the most important followed by maize, however, the hectarage of maize was higher followed by rice. The farmers also identified labour costs as a factor limiting production especially for irrigated rice and thus they preferred upland rice due to its ease of production. Farmers identified land preparation, inputs, planting, weeding and harvesting as the most expensive activities. The existing varieties were viewed as being highly dependent on inputs which they could not afford. The main fertilizers used were Diammonium Phosphate (DAP), Sulphate of Ammonia (SA), Calcium Ammonium Nitrate (CAN) and NPK (23:23:0), the amounts used were low even though the farmers were aware that soil fertility was low. No studies or attempts had been carried out to determine performance of rice genotypes and their heritability parameters for adaptation to low soil nitrogen (N) and phosphorous (P) conditions identified by the farmers as a major constraint in Kenya. Since the existing genetic base was narrow, accessions were acquired to broaden the variability of the local cultivars. However, their adaptation to local conditions was important for them to be useful. Evaluation of 390 accessions showed that genotypes and soil environments were highly significant for all the ten traits studied. The degree of genetic determination (H(2)) ranged from 8.0% for 1000 grain weight to 27% for top biomass. The phenotypic coefficient of variation of genotypes ranged from 12% for days to maturity to 149% for top biomass, while, that of days to maturity ranged from 14% to 160% for top biomass. The genetic advance (GA) had values ranging from, 0.2 for phosphorous tolerance to 1081 for grain yield, while the genetic advance expressed as percent of the mean was 6% for days to maturity and 88% for top biomass. The mean values for the ten characters studied had wide variability under the four soil environments with days to maturity ranging from 188 for genotype ARCCU1Fa1-L4P3-HB under both N and P application (N+P+) to 177 for genotype CT16333(1)-CA-1-M under none N and P application (N-P-) condition. The highest yielding genotype was CT16328-CA-18-M under none N and P application with 5916 kg ha(-1). The germplasm revealed usable variability under low soil N and P adaptation and thus warrant rice improvement for traits of interest to farmers. In order to establish the genetic factors controlling upland rice adaptation to contrasting soil N and P a study was conducted to determine genotypes with better performance under the prevailing farmers’ production environments. The GCA and SCA mean squares were significant and their interactions with environment were highly significant. The GCA:SCA ratios were mostly less than 1.0 for the majority of the traits under most of the soil N and P environments, indicating preponderance of nonadditive genetic effects. The maternal and nonmaternal mean squares were significantly different from zero (P<0.05) for most of the ten traits under study, indicating influence of cytoplasm effects and cytoplasm by nuclear gene interactions, respectively. The GCA effects for the parents were significant under different experimental environments but they had both positive and negative signs indicating different directions of influencing the trait of interest. The genotypes had both specific and broad adaptation as exhibited by their diverse rankings under different environments. The relationship between leaf and grain nitrogen (N) and phosphorous (P) with actual tolerance to low and high soil N and P conditions indicated significant genotypes, environments and genotypes by environment interactions. The analysis of genetic components gave highly significant GCA and SCA mean squares for the days to heading, anthesis and maturity, phosphorous and nitrogen tolerance, top biomass, plant height, number of panicles, 1000 seed weight and grain yield under the four soil experimental environments. The general combining ability (GCA) effects for parents were significant for both F(2) and F(3) segregants for the above ten traits and under the experimental conditions. The leaf and seed N and P contents gave significant genotype mean squares values for the three mega-environments. The GCA and SCA mean squares were significant for leaf and seed N and P for the three locations. The same case was observed for GCA effects for the parents, with all the nine parents showing significant values for leaf N and P for the three locations. The GCA:SCA mean square ratios were generally larger than 1.0 values for leaf N and grain P for the three locations. This clearly manifested the predominant role of additive gene action over the dominance effects and that improvement for tolerance to low soil N and P condition was practical. The fragrance in rice is an important quality traits and an experiment was conducted to establish the association of organoleptic test and the variations in SSR marker (RM223) among the parents. Plant leaves of the parental genotypes were sampled for DNA analysis using SSR markers RM223 and RM284. The RM223 was polymorphic while, RM284 gave monomorphic results. Four alleles were detected as follows: 146, 155, 161, and 163. The GCA:SCA ratio was 1.48 indicating that the fixable additive effects were greater than the nonadditive effects in inheritance of fragrance. Test for independence using Chi-square indicated that there was no association between organoleptic and variations in SSR markers. The performance of the aromatic lines was generally lower than that of non-aromatic lines for the agronomic traits. There was negative relationship between fragrant score and other agronomic traits such as grain yield across the three soil N and P regimes. The NERICA1 was found to be a good donor for aroma based on sensory testing and can be exploited in a breeding programme. Analysis on genetic components governing grain yield was investigated using Hayman’s analysis to generate various components of variation and to elucidate their potential, utilization, and provide a thorough understanding of their role in grain yield development and improvement. The additive gene action was significant for all cases of soil N and P environments and the two mega-environments. They were also far above the dominant gene effects, indicating the need to use mass selection in the early generations of segregating populations. The narrow sense heritability (h2(ns)) for upland rice grain yield was 21.52% and 4.22% under soil P and N conditions, respectively.
Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.
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13

Mugiira, Rose Kathambi. "Governance structures and management dynamics in large scale Common Property Resources: cases from Lake Victoria Fishery, Mwea Rice Irrigation System and Laikipia Group Grazing Lands in Kenya". Thesis, 2017. https://hdl.handle.net/10539/24392.

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Research Thesis  Submitted  in  Fulfilment  of  the  Requirements  for  the  Degree  of  Doctor  of   Philosophy  in  Economics, School of Economic & Business Sciences Faculty of Commerce, Law and Management University of Witwatersrand, Johannesburg, SA
The world is facing a sustainability crisis due to depletion and degradation of environmental and natural resources faster than they can be generated. Many of these resources are not partitioned by private property rights, and are held as state property, common property, or as open-access. Common Property Resources (CPRs) have two distinct attributes: (1) limited or nontrivial exclusion (it is difficult to exclude multiple individuals or users from appropriating from the resource) and (2) substractability (the resource features rivalry in consumption), meaning that appropriation by one reduces the overall resource availability and thus, subtracts from what can be appropriated by others. Examples include fisheries, grazing lands, irrigation systems, and ground water basins. Because no one has property rights or control over such resources, users of CPRs are frequently assumed to be caught in an inescapable dilemma - overexploitation of the resource. Thus, unlike the ‘invisible hand’ of Adam Smith in competitive markets, in the case of CPRs the self-interested behavior does not yield economic efficiency or optimal outcome or Pareto optimality. This study sought to understand the evolution of management dynamics and operation of governance structures developed by resource users and other stakeholders in three large scale CPRs in Kenya. The objectives are to (1) examine the evolution of management dynamics. (2) Examine the management model applied and its functioning. (3) Explore the governance structures and challenges of implementing them. (4) Explore critical variables related to user groups, institutional arrangements and external environment in the resource system. (5) Suggest measures to improve on the management and governance of the resource system. In addition, the study gives a comparative analysis of the management models applied in the three CPR systems. The general theoretical literature on CPRs has focused mainly on two basic but important conditions or categories. First, small scale communally owned and governed resources, in ii terms of the physical or geographical size of the resource system with well-defined boundaries. Secondly, group or users size, characterized by small numbers with similar identities and interests. This study therefore, contributes to literature by using large scale CPR case studies in terms of physical size of resource system and number of users and examining the evolution and dynamics in the management model and governance structures. A Qualitative Research (QR) methodology is adopted and analytical tools of institutional analysis and an empirical foundation based on field data applied. A survey research design is used. Both primary and secondary data was sourced and a pilot study was conducted to test reliability of research instruments. Data is documented, compiled and presented in form of tables, figures and general descriptions. Data analysis and synthesising is done by working through the data to arrive at a conclusion to answer the research questions and achieve the purpose of the study. The study findings show that management and governance issues in the three CPRs have evolved over time both in terms of the scale and involvement of other stakeholders in decision making process in the resource system. Specifically, the collaborations among state agencies, other stakeholders and resource users through their associations has enabled monitoring and enforcement not only be effective but also legitimate and consequently, lead to sustainable resource use. The management models used in the three CPR case studies are identified as the Partnership Fisheries Management (PFM) in Lake Victoria fishery, Participatory Irrigation Management (PIM) in Mwea Rice Irrigation Scheme and Holistic Management Framework (HMF) in Laikipia group grazing lands. The governance structures applied in the three CPRs are generally position, boundary, choice or authority, aggregation, information, payoff and scope rules. The degree of application of each set of rules however, depends on the nature of the resource system. They are designed, developed, implemented, monitored, enforced, sanctioned and arbitrated by the resource users, state lead agencies, departments and ministries iii and other stakeholders or actors. Each of these actors are involved in varying degrees in the various phases depending on their role and interest in the resource system. The management and governance structures can be strengthened and improved by enhancing certain administrative, health, safety, environmental issues and increased state support and involvement in the resource system. The co-management model design which is applied in the three CPRs yield various benefits to the resource-dependent community, public, state and resource system because it incorporates state and local (resource users) managers in decision making. However, the degree of participation of other stakeholders, challenges faced and other internal and external factors, depend on the nature of CPR, ownership and control of the CPR by resource users and the technical infrastructural investments required for the operation of the system. These results add to existing knowledge on Sustainable Development (SD) environment nexus by providing facts to multidisciplinary environmental and natural resources scholars regarding the dynamics of large scale CPR systems. Provide an in depth understanding of CPR management issues for the formulation of national strategies for SD, fisheries, Arid and Semi-Arid Lands (ASALs), and irrigation farming. Lastly, they provide ways of responding to increasing challenges of shared water resources (Lake Victoria) in addition to strengthening of relations within the East African Community (EAC). Key words: Actors, bio-physical and community attributes Common Property Resources, governance structures, institutions, large scale, management models, resource users, resource systems
GR2018
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14

Mannon, Susan E. "Negotiating risk in agricultural production case studies from the non-traditional agricultural export sectors of Kenya and Costa Rica /". 1998. http://catalog.hathitrust.org/api/volumes/oclc/40652525.html.

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Thesis (M.S.)--University of Wisconsin--Madison, 1998.
Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 84-87).
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15

多日帝, 室仁 y David Muroni. "Post-election violence and governance in Kenya : the rise and fall of the Truth, Justice, and Reconciliation Commission (TJRC)". Thesis, 2009. http://id.nii.ac.jp/1707/00027639/.

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16

Khasenye, Valentine Ochanda. "An integrated approach towards vulnerability assessment of climate-change induced sea level rise along the Kenyan coast". Thesis, 2017. https://hdl.handle.net/10539/24595.

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A dissertation submitted to the Faculty of Engineering and Built Environment, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Doctor of Philosophy.
Currently, 48% and 71% of the infrastructure for Mombasa and Lamu respectively falls within the Low Elevation Coastal Zones (LECZ) of less than 10m thus highlighting their extreme vulnerability under the pessimistic sea-level-rise (SLR). Based on the primary objective of assessing the impacts of climate-change-induced SLR for the two island cities, this study finds that by the end of this century, close to 50% of Mombasa Island and almost 71% of Lamu Island fall under threat of inundation from SLR enhanced storm surges of a one storm surge in 100 years. The study objectives were to assess initial SLR vulnerability levels for the Kenyan coast, analyse status quo vulnerability perceptions and awareness, co-produce mitigation and adaptation policy options and produce an integrated vulnerability assessment atlas and manual for SLR along coastal cities, with participatory processes as a key component. SLR scenario modelling using GIS techniques (and guided by Intergovernmental Panel on Climate Change IPCC) under two SLR scenarios of Regional Concentration Pathways (RCP 2.6 and RCP 8.5), was applied to estimate the spatial extent, population, and infrastructure under threat. Participatory Action Planning (PAR) based on a mini-charrette was used to analyse status quo perception and awareness of SLR and related impacts followed by co-creation of adaptation and mitigation strategies. Under RCP 2.6 (optimistic-scenario) the simulation findings indicate that exposure level to the 1:100 storm surge for Mombasa County at 4m elevation falls between 433,300 and 2.5 million people and over US$9.1 billion in assets exposed by 2090. Under RCP 8.5 (pessimistic-scenario) for Lamu, the exposure level of between 37,200 and 480,400 people and over US$ 648 million in infrastructure/assets is exposed by 2090. Under increased urbanization, vulnerability for both Mombasa and Lamu increases to over 2.6 million inhabitants and US$ 14.5 Billion and US$ 1.2 Billion respectively by 2090 under RCP 8.5. The participatory process showed improvement in the awareness of SLR impacts by participants in both islands and thus constituted the basis of co-production of adaptation and mitigation strategies as well as finalisation of the vulnerability atlases of the island cities. Keywords: Sea-level-rise, vulnerability assessment, climate change, Kenyan coast and coastal planning.
GR2018
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17

Perlman, Leon Joseph. "Legal and regulatory aspects of mobile financial services". Thesis, 2012. http://hdl.handle.net/10500/13362.

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The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services are provided through ‘agents.’ Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile ‘airtime’-based Store of Value. The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed, in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric MFS rises to the ‘business of banking.’ An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be deemed ‘money’ in law. Consumer protection for MFS and payments generally through current statute, contract, and payment law and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in South African law is discussed. The legal and regulatory regimes in the European Union, Kenya and the United States of America are compared with South Africa. The need for a coordinated payments-specific law that has consumer protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a regulator for retail payments is recommended. The use of trust companies and trust accounts is recommended for protection of user funds. | vi
Public, Constitutional and International Law
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