School of Law

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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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    An Introduction to Law and the Legal System
    (Claripress Ltd., 1997) Kibwana, Kivutha
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    The Asthma Six-minute Provocation Test and Mountain Climbing in Children
    (1994-01) Wekesa, Moni; Langhof, H; Sack, P
    We investigated the intensity of exercise in the asthma six-minute provocation test (ASMT) for asthmatic patients and mountain climbing. Six asthmatic boys with mean age 11.7 +/- 2.1 years and mean weight 44.5 +/- 13.2 kg participated in this study. HR, FEV1 and RR values were recorded. In both forms of exercise, the participants achieved intensities of over 160 beats/min. EIA was diagnosed in five of them after the SSMT. There was not much variability in the PEFR values observed during mountain climbing. The rise in systolic pressure was within normal. The echocardiogram (ECG) was not pathologic. Further investigations are required to establish the suitability of mountain climbing as an appropriate form of sport for asthmatics.
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    Awareness, Knowledge, and Perception of Genetically Modified Foods Among Maize Farmers in Uasin Gishu and Trans-Nzoia Counties, Kenya
    (Journal of Education and Practice, 2023-07) Nyamboga, Erneo Nyakundi; Olomy, Joseph Joachim; Mulwo, Abraham Kiprop
    Several awareness studies have generally reported that the public is aware of genetically modified foods (GMFs). However, when their knowledge is probed, most studies have indicated that the public tends to fail to demonstrate an understanding of GMFs equivalent to the awareness levels reported. Nevertheless, there is scarce knowledge on the role of information on public knowledge of GMFs. In this study, we administered a semistructured questionnaire to 298 farmers from Uasin Gishu and Trans-Nzoia counties in Kenya to assess their awareness, test their knowledge, and examine their perception toward GMFs. We then interrogated the farmers’ reported sources of GMFs information to determine the nature and quality of information accessible to them and its role in their knowledge and perceptions toward GMFs. Findings indicate that despite 99.3% of the farmers reporting being aware of GMFs, most had inadequate knowledge. Farmers receive unreliable information from sources that warrant misinformation, confusing them about GMFs. This confusion leads to farmers’ concerns primarily about the perceived risks of GMFs on human health and the environment. Scientific information about GMF is scarce, giving room for misinformation and increasing farmers’ anxiety and scepticism about GMFs. Still, farmers were found to be more optimistic than negative toward GMFs. The study concludes that inadequacy of knowledge is associated with the nature and quality of information farmers receive. We recommend that scientists and other parties involved with GMF rethink their communication strategies to engage the public with reliable and understandable facts about GM technology and foods to allow farmers and the general public to make informed decisions.
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    Building Bridges Initiative Proposals: Consociational Democracy and the Constitution of Kenya 2010
    (East Africa Law Journal, 2020) Irungu, K; Omondi, S; Ojwang; Musikali, Lois M.
    In 2018 Kenya established a task force commonly known as the "Building Bridges Initiative ". The aim of the taskforce was to generate constitutional amendment proposals that could, amongst other objectives, remedy cyclic ethnic conflict during presidential elections. On 26 Noven1ber 2019, the task force report was unveiled at Bomas of Kenya, Nairobi. The recommendations of the taskforce bore features of a constitutional democracy. They included proposals for a change of Kenya's electoral system form majoritarian to proportional representation; re-establishment of the Office of the Official Opposition and the position of Prime Minister; and the selection of members of the cabinet from amongst elected Members of Parliament. This article examines these proposals within the frame work of the Constitution of Kenya 2010.it argues that the proposals may unravel the framework that underpins the Constitution of Kenya 2010. It concludes by proposing that the task force craft other possible remedies that do not offend the democratic underpinnings of the Constitution of Kenya 2010.
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    Cases and Materials on Administrative Law
    (Sportslink Limited, 2021) Wekesa, Moni
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    Challenges in regulation of biomedical research: The case of Kenya
    (Nigerian Journal of Clinical Practice, 2015-01-30) Wekesa, Moni
    Unregulated biomedical research has previously caused untold suffering to humankind. History is full of examples of abuse of animal and human subjects for research. Several codes and instruments have been formulated to regulate biomedical research. In Kenya, the Science, Technology and Innovation Act, 2014, together with the Constitution of Kenya, 2010, provide a fairly robust legal framework. Possible challenges include capacity building, overlap of functions of institutions, monitoring and evaluation, scientific/technological advances, intellectual property rights, funding for research, and dispute resolution. It is hoped that the new legislation will adequately address these challenges.
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    Challenges in the Production of Innovation Content for Engineering Artisans: Case Study of Media Producers in Nairobi, Kenya
    (The International Journal Of Humanities & Social Studies, 2016-10) Nyamboga, Erneo Nyakundi; Githinji, Martin Kuria
    Media producers in Kenya struggle at producing content for innovation in the digital television platform. The researchers, therefore, sought to examine the challenges and efforts in place for media producers to produce innovation content for engineering ‘Jua Kali’ (hot-sun) artisans and whether engineering ‘Jua Kali’ artisans can access the innovation content. The study was anchored on the pragmatic research philosophy. The study employed a mixed methods approach and a multiple case study was the research method. A sample of 60 respondents was studied. Data was generated through survey questionnaires and interview guides. The findings showed 68.9% of the engineering Jua Kali artisans found it difficult to access innovation content. Media producers also cited an irresponsive market to audiences and extra television relations hindered the production of innovation content. It is hoped that these findings will encourage the production of interesting, innovative content, from media producers and that engineering Jua Kali artisans will benefit from the findings.
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    Challenges Kenyan Television Journalists Face in Spotting Fake News
    (Journal of Development and Communication Studies, 2020) Matu, Nguri; Mutugi, Kabucua John; Nyamboga, Erneo Nyakundi
    A fake news story can travel half way across the world as the truth puts on its socks. There are myriads of challenges facing journalists in spotting fake news hence its wide proliferation. Fake news has become a prominent subject of enquiry especially following its alleged influence of the 2016 general elections in US. Unfortunately, research on fake news has focused on social media, politics, elections, and economies. Few studies have focused on the challenges that TV journalists face in spotting fake news prompting this study. The specific research question was; what are the challenges facing television journalists in spotting fake news in Kenya? The study adapted a relativist-constructivist/interpretivist ontology and epistemology, qualitative approach and multiple case study methodology. Data was generated through in-depth interviews, direct observation and documents review. The study used purposive sampling to generate data from 16 journalists. Data was then analysed in themes and presented in narrative form. Key findings were that in spotting fake news, journalists faced challenges like; loss of viewers, lack of authoritative contacts, sources who gave fake news for personal, business, political, and economic benefits, ability of fake news to camouflage real news, speed of fake news, typologies of fake news, live reporting, inexperienced correspondents and interns, and social media. The study concludes that the challenges facing journalists in spotting fake news were majorly based on sources, technology, education, skills and training, and its typology. The study therefore recommends that editorial boards invest in experts to train journalists on styles, architecture, propagation and use of fake news, inoculation of journalists and audiences, raising fake news literacy levels, and use of technology based approaches like reverse search and fact checking sites.
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    Commercialization of Intellectual Property Rights at Universities a s an Additional Revenue Stream
    (Paradigm Academic Press Law and Economy, 2024-03) Wekesa, Moni ; Mikinyango, Asha; Okayo, A.; Wekesa, K. T; Sikuku, J. W.
    This paper investigates the commercialization of Intellectual Property (IPRs) at universities and the potential for universities in Kenya to leverage their Intellectual Property Rights (IPRs) as a vital revenue source. Even though they possess significant intellectual assets, many universities have failed to utilize IPRs and in turn, losing opportunities for income generation. The paper introduces the concept of IP commercialization and the legal IP framework in Kenya and proceeds to discuss how research conducted in institutions of higher learning can be commercialized through an analysis of best practices and case studies. The discussion outlines the relevance of Intellectual Property to universities, the strategies for universities to maximize the value of their IPRs and establish sustainable income streams. Drawing upon relevant literature and academic research, it provides insights into the commercialization process, legal considerations, and the role of technology transfer offices in facilitating successful IPR monetization. The paper concludes by establishing that by implementing proactive strategies and fostering a culture of innovation, universities in Kenya can unlock the full potential of their intellectual assets and achieve financial sustainability.
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    Constitutionalism in East Africa: Progress, Challenges and Prospects In 1999
    (Fountain Publishers, 2001) Kibwana, Kivutha; Maina, Peter Chris; Nyangabyaki, Bazaara
    These essays by East African university professors of law, trace the course of constitutional development in East Africa since independence, and analyse the trends of constitutionalism in 1999. The essays cover: constitutional development in Kenya; constitution making in Tanzania; and the mixed results of Uganda's constitutional development. This is the first of planned annual comparative reviews of constitutionalism in East Africa intending to inform public debate on the progress, challenges and prospects of constitutional development in the region
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    The Court of Arbitration for Sport (CAS):its relevance to Kenya after Pechstein?
    (The International Sports Law Journal, 2018) Wekesa, Moni
    Claudia Pechstein, a female elite German speed skater, was convicted of an anti-doping rule violation by the disciplinary committee of the International Skating Union (ISU) on 1 July 2009 and suspended for 2 years by the ISU. Her appeals to the Court of Arbitration for Sport on 25 November 2009 (CAS 2009/A/1912–1913 Pechstein, DESG gegen ISU) and eventually to the Swiss Federal Tribunal in February 2010 (4A-612/2009 Claudia Pechstein v ISU and DESG) were unsuccessful. CAS is a judicial organ recognized by all international sports bodies as the final forum for the resolution of sporting disputes. This applies also to National sporting bodies in Kenya. On 30 December 2012, she approached a Regional court in Munich (Landesgericht Muenchen 1). She advanced several arguments. First, the provisions in the ISU prohibiting sportspersons from approaching national courts violated her right to approach an independent and impartial tribunal under the European Convention on Human Rights and German law (art. 2 para. 1). Second, the agreement between herself and the ISU binding her to arbitration by CAS was mandatory, and not voluntary, and, therefore, invalid. Third, the CAS is not independent as its arbitrators are picked by sports bodies like the defendant. Finally, both the ISU and its German affiliate (DESG) abused their dominant market position by requiring any athlete interested in the sport of speed skating to follow their rules, which rules were used to suspend her and bar her from competition and use of defendant’s facilities. These issues raised by Pechstein apply to sportspersons in Kenya as well. Pechstein sought a declaration that her ban due to doping was unlawful, and damages for material damage, pain, and suffering. The court dismissed her claim. She appealed to the Court of Appeal in Munich (Oberlandesgericht Muenchen, WuW/E DE-R 4543) on 6 November 2014. The Appeals court, in its decision, agreed with her on all those points, declined the declaration, but awarded her damages. In effect, this decision rubbished the very existence of CAS. In a further appeal, the Federal Court of Justice (KZR 6/15) reversed this decision on 7 June 2016. This paper will analyse the issues that arose in this case. From an analysis of the jurisprudence of the European Court of Justice, European Commission on Human Rights, the European Court of Human Rights (all of which are binding on Germany), as well as jurisprudence from other European countries, it is apparent that the decision by the appeals court was flawed as confirmed by the decision of the Federal Court of Justice. CAS has been and continues to be used by Kenyan sportspersons. Currently, CAS enjoys statutory recognition in Kenya through the Antidoping Act, 2016, which effectively ousts the jurisdiction of Kenyan courts. It is concluded that CAS is a vital institution for the resolution of sports disputes and that it can benefit from a little strengthening.
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    Cyber Laundering: International Policies and Practices
    (World Scientific Publishing Europe Ltd, 2023) Musau, Benjamin; Rebe, Nathalie
    This book illustrates current cyber laundering practices and the underlying risks associated with them, such as cross-border crimes and terrorism financing. Despite the existence of international regulations and strong worldwide cooperation, countermeasures and international response efforts are often hindered by enforcement and jurisdictional issues, as well as online asset recovery complexity. This work investigates the blockages to the accomplishment of cyber laundering regulation and enforcement at the international level. It provides strong legal recommendations for fostering the construction of more efficient means of legal implementation.
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    Data Colonialism: The New Frontier in Corporate Governance and the ‘Corporations and Human Rights’ Discourse.
    (Governance Journal, 2022) Musikali, Lois M.
    This paper provides an overview of corporate governance scholarship from inception to-date and situates the current issue of managing Big Data within corporate governance practice and scholarship. Its aim is to highlight the possible impact of Big Data on current corporate governance practice and regulation with a view to encouraging further research on the same. Whilst digitisation has aided advances in good corporate governance practice and regulation, the effects of digitisation have not all been positive: a significant number of corporate governance scandals today are digital. With a focus on data mining, this paper explores this phenomenon, Africa’s readiness for it and the surrounding issues it raises both within corporate governance and human rights. That Big Corporations are able to mine data without the data subjects knowledge and use it to their advantage without the data subject’s informed consent and compensation has resulted in a phenomenon referred to as ‘data colonialism’. This paper evaluates the extent to which Africa and in particular Kenya is prepared for the current world of data harvesting and assesses the need for effective data mining regulation in Africa. It considers the effect of the General Data Protection Regulation (GDPR) on Kenya’s Data Protection Act and questions whether Kenya’s legal framework can effectively deal with data mining while highlighting the role that corporate governance has in improving accountability in the way Big Corporations handle data.
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    Director and Shareholding Interlocks in Kenya's Plcs: How to Address the Nominee Question? A Cultural Perspective
    (International Company and Commercial Law Review, 2015) Musikali, Lois M.
    This paper considers the position of nominee directors in Kenya’s public listed companies. It takes a comparative approach drawing on the experiences of England and Australia in regulating nominee directors. Taking into account Kenya’s cultural profile, this paper suggests the direction that Kenya should take in regulating the nominee director position.
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    Drop Analogue, and Digitize: The Practical Challenges in Kenya’s Digital Migration Programme
    (The International Journal Of Humanities & Social Studies, 2015-12) Nyamboga, Erneo Nyakundi; Biwott, Scholastica
    The Regional Radio Broadcasting (RRC) conference held in Geneva in 2006 culminated in a treaty calling on all nations, Kenya included, shifting to digital terrestrial television (DTT) broadcasting by June 17, 2015. This paper provides a situational analysis of the practical implications of the digital transition in Kenya. To migrate to digital broadcasting, Kenya (government, broadcast companies, and media consumers) had to purchase equipment compatible with the digital platform, a move that proved costly to the majority of Kenyans given the high costs of purchase, installation, and maintenance of digital equipment. The research established that Kenya was not ready for the migration from analogue to digital broadcasting. The review found out that most of the local media houses as well as the majority of Kenyans were not ready to embark on the transition from analogue to digital broadcasting. These results would enable major players in the broadcasting sector to understand the course and implications of digital migration. The research also presents a better foundation upon which other scholars in the field of communication can build their studies and delve into different aspects ofthe topic at hand.
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    The Effect of a Three Week Sports Training Programme on the Coordinative Ability of Asthmatic Children
    (East African Medical Journal, 1993-11) Wekesa, Moni; Langhof, H
    We set out to evaluate the coordinative ability of asthmatic children and to find out how this component of physical fitness is affected by a training programme of a short duration. Seventeen asthmatic children participated in the study. Their ages ranged from 9.0 to 14.5 years. Their mean weight (+/- SD) was 44.89 +/- 14.94 kg and mean height (+/- SD) was 153.21 +/- 9.92 cm. Coordination was measured using the Body Coordination Test for Children (BCTC) developed by Kiphard and Schilling in 1974. The subjects participated three times a week in a sports programme. The results were analysed using the Wilcoxon test for dependent variables and regression analysis. We noted a significant improvement at the end of the training programme (p < 0.05), although there was no correlation between attendance and improvement in performance. Our results do not support the general view that asthmatics are unfit. We concluded that asthmatic children are not generally unfit, and that their coordinative ability can be improved within a relatively short time of training.
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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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