Browsing by Author "Muendo, Mercy"

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    Evolution of the Kenyan aviation transport industry from colonization to the present; towards legal compliance with the international standards of aviation law
    (Mount Kenya University Law Journal (MKULJ), 2017) Muendo, Mercy
    The President of Kenya recently announced Kenya has signed an International Agreement with the United States of America for direct flights from Kenya to the United States to take place. In order for this agreement to be implemented Kenya has to demonstrate that it has complied with International standards of aviation law and the aviation environment is properly, efficiently regulated to satisfy the United States standards.2On February 2017 the Federal Aviation Authority of the United States of America granted Kenya a Category 1 status. This paper seeks to trace and lay down the aviation legal framework regulations and steps Kenya has taken to comply with the International legal standards. To determine whether it has complied with the same and is capable of maintaining its Category one status. In order to do I shall look at the various International laws and compare them to the Kenyan legal framework. To determine whether it has complied with the same and is capable of maintaining its Category one status. The study shall entail mostly desk work research
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    Kenya targets WhatsApp administrators in its fight against hate speech
    (The Conversation, 2017-08-31) Muendo, Mercy
    The Kenyan government is waging a war against online hate mongers with what would appear to be a zero-tolerance policy. In an unprecedented move two chat group administrators have been arrested. They were charged with sharing hate messages on WhatsApp that threatened national security and face an additional charge of spreading alarming propaganda on social media. Like many other countries, Kenya has charged people with hate speech before. Recently in the UK, a Facebook user was charged with spreading hate messages against Muslims. Rwanda has also successfully charged various people with hate speech. The difference in this particular case is that WhatsApp administrators have been charged. However, this is not the first time a chat group administrator has been prosecuted for hate speech. In a similar case in India, the government arrested WhatsApp administrators for offensive posts about the prime minister.
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    Kenyans are Still Oppressed by Archaic Colonial Laws
    (The Conversation Academic site, 2017) Muendo, Mercy
    It’s been 54 years since Kenya got her independence and yet there are still a number of archaic,colonial and discriminatory laws on the statute books. From archival research I have done it’s clearthat these laws are used to exploit, frustrate and intimidate Kenyans by restricting their right tomovement, association and the use of private property. They also make it difficult for ordinary Kenyans to make a living by imposing steep permit fees oninformal businesses. These laws were inherited from the colonial British government and used to be within the purview oflocal government municipalities under the Local Government Act . This act was repealed whenmunicipalities were replaced by counties after the promulgation of the 2010 Constitution .
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    New cybercrime law opens the door to privacy violations, censorship
    (Business Daily, 2018-05-30) Muendo, Mercy
    More and more Kenyans are connecting to the internet, most frequently from mobile devices like phones and tablets. There are, of course, big benefits to increased connectivity. These include the rise of mobile money transactions and access to loans. But there are downsides, too. The country has been targeted by hackers in several major attacks. In May 2018 the Kenyan government responded to these and other high profile cyber attacks by signing the Computer and Cyber Crime Act into law. This seems a strange decision, since legislation already exists that deals with these issues. The Kenya Information Communication Act and the Penal Code and its regulations already criminalised several cybercrimes. It could have been amended to, for instance, increase the penalties for certain crimes. Instead its provisions have been superseded by the Computer and Cyber Crime Act. The new Act is too vague when it comes to important details, particularly those that deal with the issue of surveillance. Will Kenya’s authorities use this legislation to “eavesdrop” on citizens? It also criminalises the publication online of false information or hate speech. But it does not explain what “hate speech” entails in this context, and seems to lean towards outright censorship in parts.
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    Piracy in Somalia and its Impact on the International Community: an analysis of the International Community’s response to Somali Piracy
    (Mount Kenya University Law Journal (MKULJ), 2012) Muendo, Mercy
    The Coast of Somalia is one of the piracy-prone areas in the world today. This article while briefly touching on the legal aspect will address the various types, dangers, and effects of piracy along the Somalia international water and the Gulf of Aden on the International Waters; It will address the trends of privacy in the Somali region and the Gulf of Eden. It will touch on the factors contributing to privacy in the region and the reasons for its rise. For example failed government in Somali has been a great catalyst in the rise of piracy in the Somali international water, difficulties associated with maritime surveillance and lack of essential coastal and port side security the rise in global production of small arms. It will highlight the efforts of what the International Community has done to counter piracy; and the overall effects of its intervention through the International Maritime Organization (IMO).1Attempts like the passing of the legal instrument to equip the international waters the measures adopted by the international community with teeth to fight against piracy in the Somali international waters. The major adopted by the international community against the situation of privacy in the Somali water one of the most important measures being the creation and use of piracy reporting center. The author contributes by sharing suggestions that could be adopted to enhance the eradication of privacy along Somali international water and the Gulf of Aden The dangers of piracy and recommendations on the way forward to eradicating piracy in Somalia.
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    Piracy in Somalia and Its Impact on the International Community: An Analysis of the International Community’s Response to Somali Piracy
    (Mount Kenya University School of Law Journal, 2012-12) Muendo, Mercy
    The Coast of Somalia is one of the piracy-prone areas in the world today. This article while briefly touching on the legal aspect will address the various types, dangers, and effects of piracy along the Somalia international water and the Gulf of Aden on the International Waters; It will address the trends of privacy in the Somali region and the Gulf of Eden. It will touch on the factors contributing to privacy in the region and the reasons for its rise. For example failed government in Somali has been a great catalyst in the rise of piracy in the Somali international water, difficulties associated with maritime surveillance and lack of essential coastal and port side security the rise in global production of small arms. It will highlight the efforts of what the International Community has done to counter piracy; and the overall effects of its intervention through the International Maritime Organization (IMO). Attempts like the passing of the legal instrument to equip the international waters the measures adopted by the international community with teeth to fight against piracy in the Somali international waters. The major adopted by the international community against the situation of privacy in the Somali water one of the most important measures being the creation and use of piracy reporting center. The author contributes by sharing suggestions that could be adopted to enhance the eradication of privacy along Somali international water and the Gulf of Aden. The dangers of piracy and recommendations on the way forward to eradicating piracy in Somalia.
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    Plans to Place Security Above Data Privacy Bad Idea for Kenya
    (Business Daily, 2019) Muendo, Mercy
    Less than two weeks after a January terror attack left 21 people dead at a Kenyan hotel complex, the government announced that it would implement a law related to citizens’ personal data. The recent amendments to the Registration of Persons Act would allow the government to collect people’s personal information – including DNA samples, biometric data like fingerprints and retinal scans and GPS information to pinpoint their locations. The aim, authorities say, is to enhance security. But the plan violates Kenyans’ privacy rights. These rights are enshrined in the Constitution and certain sectoral laws that deal with electronic and medical data. Unfortunately, there is no specific legal framework beyond this to guarantee that personal sensitive data is protected and people’s privacy is not violated without cause.
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    The politics of technology in Africa: communication, development, and nation-building in Ethiopia
    (Information, Communication & Society, 2019) Muendo, Mercy
    The book features eights chapters, each capturing an essential element of the dynamics in play between technology adaption, politics and the actors or implementors of technology. The author introduces us to the concept of Technopolitics and the relationship between technology,politics and Governments or implementors agenda’s and how this impacts development. Iginio Gagliardone conducted empirical research during 10 years to address why Ethiopia as a country, after having adopted technology and received sizable amounts of donations, development aid and support has it not shown visible signs of inclusivity and increased access to ICT. This issue was his reason for choosing Ethiopia as a case study, to serve as a lesson and example on region improvement and the role of technology as a tool for development planning and public participation
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    The Options for Kenya as an Impending Election Fuels Fear of Hate Speech
    (Academic rigour, journalistic flair, 2016) Muendo, Mercy
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    The Use Of Electronic Tracking And Monitoring Systems And The Right To Privacy
    (International Journal of Social Science and Technology, 2020-08) Wekesa, Moni ; Muendo, Mercy; Mikinyango, Asha
    The Right to Privacy is a right that had been recognizes and applied differently all over the world. On the other side Governments have employed electronic monitoring and tracking techniques as part of their security tool kit. The employment of electronic monitoring has an impact on the individual’s right to privacy. While conducting electronic monitoring and tracking countries are required to uphold the right to privacy. This paper seeks to analyze the Right to Privacy and to what extent it has been implemented in relation to Electronic monitoring and tracking. The paper will compare legal frameworks from different States on the implementation of the right to privacy in relation to Electronic monitoring. The paper will also give recommendations that can serve as a guide to assist policy makers.
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    The Use of Electronic Tracking and Monitoring Systems and the Right to Privacy
    (International Journal of Social Science and Technology, 2020-08) Wekesa, Moni; Muendo, Mercy; Mikinyango, Asha
    The Right to Privacy is a right that had been recognizes and applied differently all over the world. On the other side Governments have employed electronic monitoring and tracking techniques as part of their security tool kit. The employment of electronic monitoring has an impact on the individual’s right to privacy. While conducting electronic monitoring and tracking countries are required to uphold the right to privacy. This paper seeks to analyze the Right to Privacy and to what extent it has been implemented in relation to Electronic monitoring and tracking. The paper will compare legal frameworks from different States on the implementation of the right to privacy in relation to Electronic monitoring. The paper will also give recommendations that can serve as a guide to assist policy makers.
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    What next as Kenya moves to tax digital businesses
    (Business Africa, 2021-08) Muendo, Mercy