Daystar University Repository

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Conference/ Workshop/ Seminar/ Proceedings/ Lecture Series 94
A collection of conference, workshop, seminar, proceedings, and lecture series showcasing diverse topics and cutting-edge research from faculty and staff of Daystar University.
Daystar Archives 45
An archival collection chronicling the institutional history, academic achievements, and diverse heritage of Daystar University.
Daystar University Publications 1475
A collection of Publications by faculty and staff showcasing research, academic achievements, and institutional insights of Daystar University.
Lectures and Speeches 7
A collection of Lectures and Speeches from distinguished speakers across various disciplines of Daystar University.
Policies 2
A collection Policies and Operational Manuals from different departments of Daystar University.

Recent Submissions

The Intersection Between Copyright Law and Artificial Intelligence
(Daystar University, School of Law, 2024) Wanjie, Beatrice
With an emphasis on the US and UK legal systems, this dissertation examines the complex institutional and legal frameworks pertaining to AI ownership and the use of copyrighted content for AI training. Based on Jeremy Bentham and John Stuart Mill's theory of utilitarianism, it looks at how copyright rules encourage innovation and advance economic and cultural development. The study also discusses legal positivism, as put out by Hans Kelsen and HLA Hart, to support the need for legislative changes to make room for new, cutting-edge technology like Artificial Intelligence. Moreover, an analysis of John Locke's Labour Theory emphasises the creator's right to intellectual property that results from their labour, highlighting the significance of copyright as a safeguard for creators' rights in the digital era. Given that Artificial Intelligence lacks legal personality, the dissertation emphasises the difficulties in establishing copyright ownership of content produced by AI. It also discusses the contentious issue of using copyrighted resources to teach AI systems, arguing about the bounds of fair use and the possible effects on original creators' livelihoods. The paper highlights gaps in the current legal frameworks and makes recommendations for future legislative revisions through a comparative review of US and UK laws. In order to ensure that copyright law stays applicable and effective in the face of swift technical breakthroughs, these revisions seek to find a balance between encouraging innovation in the development of AI technology and safeguarding the creators’ rights. By providing insights into how legal systems can change to meet the opportunities and difficulties posed by artificial intelligence, this research adds to the continuing conversation on Copyright law in the era of Artificial Intelligence.
The Applicability of Rights Towards The LGBTQUIA+ Community in Kenya
(Daystar University, School of Law, 2024) Onchiri, Benigno N.
This study set out assess the applicability and recognition of the rights and fundamental freedoms of the LGBTQIA+ community in Kenya. This community continues to raise a lot of societal controversy and a counterbalance is seen where there is continued growth of such individuals united by a common culture and/or societal movements. This rapid growth has seen several jurisdictions including the western territories decriminalize same sex unions hence encouraging African countries such as Mozambique, Lesotho, South Africa among others to follow suit; Kenya is yet to impose similar treatment having set legislation that criminalizes such activities. This is contrary to the provisions of the UDHR, ICCPR and the ICESCR which speak against segregation on gender identity. A moral panic is and continues to be witnessed in Kenya where the Supreme Court recently affirmed the decisions of both the High Court and Court of Appeal in allowing members of this community to register their own non-governmental organization. While the majority based reliance on the affordability of the freedom of association, this homophobic rhetoric has raised a lot of questions stemming from the head of state, religious leaders, political pundits to the general populace. Concerns have been raised that the decision was arrived at on the basis that the Constitution barred discrimination based on sexual orientation yet this is a deviation of the traditional values and culture encapsulated therein. This study reveals that in order to determine the intention of the framers of the Constitution of Kenya on this aspect, the justification behind limiting rights and fundamental freedoms to such persons has to be established together with the spectrum of recognition of this community. A balance between law and morality as well as conducting a comparative analysis between Kenya and different states has to be done so as to realize the applicability of these rights.
Political Accountability and Governance in Kenya; Striking A Balance Between Party Loyalty over Constituents' Interests
(Daystar University, School of Law, 2024) Mapesa, Billy Benjamin
The study explores into the delicate balance between party loyalty and the representation of the interests of the constituents within the scope of the Kenyan political landscape. The dissertation delves into the evolution of political parties in Kenya historically, by examining how political party loyalty has been influencing decision-making among the elected officials. Through an analysis of the dynamics between the two, the study highlights the tension that arises when the two are to be effectuated. The principal accountability concept and the principal-agent problem concept are utilized as the theoretical framework to advance the extent to which loyalty to a party may advance or hinder political accountability and good governance in Kenya. The study further finds that whereas political party loyalty can promote political stability and unity, often, it comes at the expense of effective representation of the constituents, a situation which results in public distrust and to an extent, political unrest. The case study of the Finance Bill 2024 is a classical demonstration of how over allegiance to political party loyalty has its implications. The dissertation concludes with recommendations for balancing these competing demands to enhance good governance and accountability in Kenya's political system.
An Overview of The Laws and Regulations for E-Commerce in Kenya and China: A Comparative Study of The Kenyan and China E-Commerce Context.
(Daystar University, School of Law, 2024) Achando, Bright Borabu
Kenya’s e-commerce sector has made significant strides, yet its growth remains hindered by the absence of a comprehensive legal framework tailored specifically for online business. Existing laws related to electronic transactions, consumer protection, and data privacy fall short in addressing the unique challenges faced by e-commerce. Many Kenyans find it hard to trust online commerce. In some countries like China, the rights of consumers who buy and sell on the Internet are clearly protected by law, but Kenya has not passed any laws to provide such protection. In Kenya, there is no legal basis or justification for regulating online trading platforms under the Kenya Information and Communications Act (KICA) as they do not fall under the category of electronic services that require a license from the Authority. This means consumers cannot benefit from the Consumer Protection Regulations, 2010 which apply only when the Authority's licensees offer services. In contrast, China has successfully developed an all-encompassing statute—the E-commerce Laws of the People’s Republic of China—that specifically targets e-commerce. This legal framework has been a driving force behind China’s exponential e-commerce growth, positioning it as the global leading country in this domain.This research delves into the comparative analysis of e-commerce laws and institutions in Kenya and China. It explores how Kenya’s lack of dedicated e-commerce legislation impedes its development and inhibits user trust. By examining China’s successful model, we identify actionable policies that Kenya can adopt to enhance its e-commerce sector. Key findings emphasize the importance of establishing a standalone e-commerce statute in Kenya, aligning it with international best practices. Implementing these recommendations not only fosters trust in online transactions but also unlocks Kenya’s full economic potential as a leading e-commerce player.
Lawyers, Money Laundering, and The Right to A Fair Trial
(Daystar University, School of Law, 2024) Tara, Light Elijah
Globally, the crime of money laundering greatly affects the economic development of many countries, including Kenya. Money laundering threatens tax revenue and also undermines the state’s control over economies. For a long time criminals have sought ways to disguise their illicit financial gains. They have used financial institutions like banks but more so even lawyers have been used to disguise illicit funds due to their air of legitimacy, and certain privileges that they have. This study sought to illuminate the role of lawyers in money laundering. It also sought to highlight existing laws and institutions aimed at curbing money laundering in Kenya, to examine the challenges posed by advocate client confidentiality on anti-money laundering measures, and ultimately to formulate suggestions on how money laundering facilitated by lawyers can be curbed in Kenya. This study made use of qualitative research methodology which makes use of existing data, basically written data such as books, among others, usually referred to as secondary data. In pursuit of the same, the researcher sourced solely secondary data, especially literature, and analogous studies on lawyers, and money laundering both globally, and domestically. This study found that the challenges of money laundering facilitated by lawyers in Kenya are twofold: inadequate laws obligating lawyers to report suspicious activities, and an imbalance in advocate client confidentiality and anti-money laundering obligations. This study recommends that amendments be made to the existing anti-money laundering legislations in Kenya so that they include lawyers are reporting entities. The study also recommends further research to be done on the balance between the right to a fair trial by upholding advocate-client confidentiality, and anti-money laundering obligations.