Browsing by Author "Owuor, Maurice Ajwang"

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    An Examination of Legal Recognition Perspective on the Wellbeing of Transgender Persons in Nairobi County, Kenya
    (Journal of Popular Education in Africa, 2023) Owuor, Maurice Ajwang
    The aim of this study was to examine the influence of legal recognition perspective on the wellbeing of transgender persons in Nairobi County, Kenya. The study adopted intersectionality theory to explain the legal crossroads experienced by transgender persons where the legal framework is expressed in binary gender dichotomy. Mixed methodology and the concurrent triangulation design as well as phenomenological qualitative and descriptive quantitative designs were embraced in this study. Targeted population was 1,064 transgender persons residing in Nairobi County (NASCOP 2018) as the key informants who were crucial because they had information on their experiences in the course of interaction with the law. 60 of them were sampled by snowballing method. The study also targeted 96 legal practitioners in Nairobi County purposively sampled. This category of significant others was important to the study since they had information of what they had witnessed in the course of their career. The data collection was done using 5-likert scale questionnaires for transgender persons, and a separate one for legal practitioners. Each questionnaire had some open-ended questions to capture qualitative data. The data was analysed qualitatively and quantitatively through descriptive statistics and thematic analysis approach respectively. The hypothesis was tested through the Chi-square test to show relationship and direction between the variables. Descriptive statistical parameters included percentages, frequencies and counts. By a majority score the outcome indicated that there was an association between the variables. The Chi-square calculated value at Chi critical value of 0.05 which gave averages greater than the critical value therefore the null hypothesis was rejected. Thematic approach was used to analyse qualitative data and the results confirmed existence of significant relationships between the variables. The study came up with relevant recommendations to help in addressing the issues raised in the study and more so change in policy and laws. The creation of awareness among the legal practitioners about the unique legal circumstances of transgender persons was recommended. Further research in the Republic of Kenya was also a recommendation.
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    Human Rights of Terrorism Suspects in Kenya
    (The Law Society of Kenya Journal, 2020) Owuor, Maurice Ajwang
    In the 21st Century, the phenomenon of Terrorism has become one of the terrifying threats to human existence, security and wellbeing. It is now a global threat and a new battlefront for the international community. Terrorism today is not just a threat to individual western European states, but the international community as a whole. The new terrorists’ mantra, ‘you are either with us or against us’ effectively places everyone at risk. The apparent disregard by terrorists in recent times, for some of their victim’s race, religion, gender, age et cetera and therefore treat such victims as collateral damage in the execution of their broader scheme, has galvanized the position of the international community against terrorism. This article focuses on the balance of security concerns and the protection of the rights of terrorism suspects during the fight against terror in Kenya. This article seeks to strike a balance between the protection of national security vis-à-vis the rights of terrorism suspects. Because of the above, states, including Kenya are increasingly compelled to take extraordinary steps to combat this vice. The traditional measures of dealing with suspects of ordinary crimes (apprehension and custody by law enforcement agencies and due process of the law) have been put to the real test while dealing with terrorism suspects, considering the peculiar nature of terrorism, its evolving nature and threat. In the face of rising global acts of terror and the response of states to the same, this article with specific reference to Kenya seeks to reaffirm the significance of balancing the interest of national security on the one hand and the human rights of terrorism suspects on the other, within the realm of both national and international law. The author believes that even in the course of protecting domestic and international peace and security, the rights of terrorism suspects must still be protected in conformity with the principles of the rule of law. Given the preceding, reference is made to the laws of Kenya and other states and relevant international instruments and case law to support the assertion. A comparative analysis of the practice of selected countries has been conducted.
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    Latin Terms and Maxims, Contextualized in Court Cases
    (Law Africa, 2014) Owuor, Maurice Ajwang; Nyasani, J.M.
    Latin Terms & Maxims Contextualized in Court Decisions is a book whose time has come. It neatly complements the study of law and demystifies the terms and maxims used by courts and authors as if the said terms and terminologies are public knowledge. The contextualization of the Latin terms and maxims in recent court decisions is an appropriate and refreshing mind opener. Now, the study of law is much more enjoyable. It is a must-have book, for any person interested in a more in-depth appreciation of the spirit of the written law.
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    Public International Law
    (LawAfrica Publishing (K) Ltd, 2023) Owuor, Maurice Ajwang
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    Sustaining International Peace and security and development, through ADR: the Russia – Ukraine conflict, ADR the forgotten too
    (Daystar University, School of Law, 2022) Owuor, Maurice Ajwang
    International peace and security is inextricably tied to international development. And that ADR is an important cog in that wheel. It is in view of the foregoing that research into the emerging nexus is paramount. The global conflicts which threaten development inter alia, the Russia - Ukraine conflict in particular comes to mind. The said conflict has awakened the world to the interdependence, interconnectedness and inter relationship of states inter se It is now evident that international peace and security is a sine quo non condition for development. And that disruption of international peace and security in one corner of the globe affects development in other distant parts. The foregoing conflict has also re - emphasized that sustainable global development and international peace and security requires, the resolution of global disputes using other alternative dispute resolution mechanisms inter alia; mediation, conciliation, arbitration. Negotiation et cetera.