Book Chapters

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Browsing Book Chapters by Author "Mikinyango, Asha"

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    The Emergence of Sports Law in Kenya
    (IGI Global, 2019) Mikinyango, Asha
    Sports law is a relatively new topic in Kenya. Once played for recreational purposes and entertainment, sports have become professionalized and commercialized. This evolution led to government intervention to prevent a conflict of interest. The government in Kenya created and regulated the infrastructure supporting these sports, as well as provided dispute resolution mechanisms for arising issues. This infrastructure included both the legal and structural frameworks of the industry. The government intervention ran through the legislature and the judiciary. Through the legislature, the government created laws to regulate the sports industry. The judiciary adjudicated issues demanding judicial treatment. Sports have grown into a highly competitive industry with global pervasiveness. This chapter will discuss regulative and structural frameworks within the sports industry by highlighting the legislation primarily providing sports law. The chapter then highlights contemporary issues as well as make recommendations on the same.
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    Law Schools as Legal Aid Providers in Kenya: Challenges and Lessons Learnt from Practice
    (International Journal Clinical Legal Education, 2021) Mikinyango, Asha; Nguru, Judith
    Legal aid is the provision of free or subsidized legal services to mainly poor and vulnerable people who cannot afford advocate fees. The right to legal aid is well rooted in the international, regional human rights treaty framework to which Kenya party. The provision of legal aid addresses the concerns of the poor and vulnerable by focusing on challenges that foil access to justice. In recognition of this, the Government of Kenya promulgated the Legal Aid Act, 2016 establishing the National Legal Aid Service to provide legal aid services to needy, marginalized, and vulnerable persons. This was a very important move, propelling the Government to prioritize legal aid provision as a right as well as a necessity for promotion of rule of law and access to justice. However, it is imperative to understand that the duty does not squarely fall on the State alone. There is need for non-state actors' support from private entities like law …