5307 research outputs found
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Prosecution of the crime of genocide: analysing the system of proof in the Rome Statute
No full textFull - text undergraduate research projectSince its inception in 2002, the International Criminal Court (ICC) has notably not secured even a single conviction, specifically for the crime of genocide, despite a number of individuals being charged. The prosecution of genocide before the ICC presents significant challenges, particularly in establishing genocidal intent, a requirement for conviction. The problem is that, while the Convention on Prevention and Punishment of Genocide 1951, as well as the Rome Statute 2002 have defined the International Crime of Genocide and set out its criteria, the ICC has found it difficult to prove genocidal intent in the case of many individuals charged with the same crime. This paper seeks to establish the reason why the ICC fails to convict genocide criminals despite prosecuting so many. The research will use the collective theory of genocidal intent selected because it offers a comprehensive approach to proving genocide. It posits that, when trying to establish genocidal intent, the coordinated actions of groups should be taken into account rather than focusing solely on the actions of individual actors. This study covers relevant provisions from international legal instruments on genocide, international criminal courts' jurisprudence, literature regarding genocidal intent; to provide an in-depth analysis of genocide and its system of proof. A doctrinal research methodology will be employed. The research hopes to provide insights on the conceptualization of the international crime of genocide and how its understanding determines trial outcomes
Assessing testamentary freedom vis-a-vis the strict compliance with formal requirements
No full textFull - text undergraduate research projectWills are an essential part of society as they determine how one’s property is to be administered and distributed. The primary law governing wills and succession matters in Kenya is the Law of Succession Act (Cap 160). It looks at the testamentary capacity of a testator before delving into the intricacies of the forms of wills. It then gives a guideline on the creation of wills, and the formal requirements that are to be met in the event of intestacy. This research delves on the conflict between testamentary freedom and strict legal requirements that are to be met when validating wills. It examines the history of power distribution in succession law and its role in addressing stringent requirements. By examining the history of power distribution in succession law and observing how jurisdictions like South Africa, Queensland, and California have adopted a more intent-focused approach to estate administration, the study reveals the difficulties arising from strict compliance. The findings indicate that such a strategy effectively mitigates the negative effects of rigorous formality by aligning legal practice with the genuine preferences of testators. While the adoption of this doctrine raises concerns about potential overreliance on informal paperwork and associated legal costs, the overall benefit is in protecting true testamentary intentions. The study takes a qualitative approach, analysing key statutes and case law to demonstrate the practical implications of these legal criteria. Additionally, it looks into the existing social frameworks that govern the jurisdictions, particularly Kenya and South Africa where customary norms are taken into consideration. Finally, this study proposes a more flexible approach that strikes a balance between the requirement for legal clarity and the respect of individual autonomy in testamentary concerns, proposing modifications that could improve the effectiveness of the dispensing authority in protecting testamentary intent. The findings are intended to add to existing discussions in succession law in Kenya and shape future legal practices and policy
Building a resilient sustainable economy through green and closed-loop supply chain management in the context of circular economy: a Sub-Saharan African manufacturing setting
No full textFull - text PhD thesisOver the past two to three decades, there has been a growing focus among scholars, practitioners, and policymakers on incorporating green, closed-loop, circular economy, sustainability, and resilience principles into managing supply chains. The increasing recognition of these principles as crucial elements in establishing stable and dependable supply chains has been spurred by various challenges in the global ecosystem, notably climate change. This study aimed to explore the development of a resilient and sustainable economy by employing green and closed-loop supply chain management within the framework of the circular economic model, specifically in the context of manufacturing businesses in a Sub- Saharan African economy. To achieve this objective, the study delved into integrating concepts that have received limited joint exploration in existing literature. In light of this context, a robust triadic conceptual framework was developed and subjected to empirical examination. The framework encompassed 83 factors organized into three aspects: (1) Practices associated with green and closed-loop supply chain management, (2) dimensions concerning resilient sustainability, and (3) internal environmental management practices. The suggested conceptual framework was tested through a novel structured survey distributed to 159 manufacturing businesses in a Sub-Saharan African economy. Survey participants included supply chain line managers, managing directors, and chief executive officers selected for their expertise and experience, resulting in 100 valuable responses. The empirical data collected was tested using the Partial Least Squares Structural Equation Modelling ran through Smart PLS version 4. The findings of the empirical investigations showed that practices such as cleaner production/green manufacturing, a combination of green procurement and design for the environment, and the application of reverse logistics had the most significant impact on the resilient sustainability of supply chains. The triadic-dimensional conceptual framework put forth in this study and its fundamental motivation represent novel contributions to existing literature. Moreover, this research explored a unique link in the investigation of green and closed-loop supply chain practices on the resilience of supply chains, offering a new avenue for industry practitioners and scholars to consider the uptake of green and closed-loop supply chain practices not only for their sustainability but also for their resilience and on their combined resilience and sustainability. This study is one of a few conducted in a Sub-Saharan manufacturing context and country, contributing valuable perspectives to the broader sustainable supply chain management body of knowledge.
Keywords: Circular Economy, Closed-Loop, Green, Resilience, Supply Chain and Sustainability
The Threshold for national security as an exception to the principle of non refoulement: a Kenyan perspective
No full textFull - text undergraduate research projectThis research provides a critical analysis of the government's directive to close Dadaab and Kakuma refugee camps. Further the research seeks to explain how the directive violates the principle of nonrefoulement established under Article 33 of the 1951 Convention of Relating to the Status of Refugees. It is also established under the 1967 Protocol relating to the Status of Refugees. The research focuses on national security as an exception to the principle of non-refoulement, and the threshold required for it. The main objective of this research is to establish whether the threat to national security meets the threshold required by law for the violation of the principle of non-refoulement. This will be achieved by analyzing statutes and regulations which prescribe the legal and regulatory framework for the ideal situation that is the upholding of the principle of non-refoulement. Based on the findings, the research will propose some recommendations for ensuring national security while still upholding the principle of non-refoulement. Ultimately, it is anticipated that this research will contribute to the scholarly research on the threshold required for refoulement on the basis of national security
Effect of weather conditions in global financial hubs on the performance of the Kenyan equities markets
No full textFull - text undergraduate research projectThis study investigates the effect of weather conditions in global financial hubs on the performance of the Kenyan equities market. The study's main objective is to assess the effects of rain, temperature and wind speed in these global financial hubs on the Kenyan equities market performance. Employing a causal research design, the study analyzes monthly weather data from New York and London alongside the NSE 20 Share Index performance over an 8-year period from 2015 to 2023. The control variables include Inflation, Interbank Rates and Foreign Exchange Rates of Kenya. The study was based on the hypotheses that the weather variables in these global financial hubs have no significant effect on the performance of the Kenya Equity market. Data was collected from meteorological databases and official NSE records. To cater for both stationary and non-stationary variables that were present in the model the research uses Autoregressive Distributed lag model that caters for both types of variables. This model was able to show the significance of the weather variables at level and lag 1. The study shows that, while meteorological variables in New York and London have modest direct effects on the NSE 20 Index, they may influence market performance indirectly via global investor mood and interconnected financial institutions. Local macroeconomic factors, notably exchange rates, emerged as major predictors, emphasizing the role of currency stability in driving market performance. These findings highlight the importance of flexible investment strategies and more research into the global-local dynamics influencing emerging countries such as Kenya
Reconciling adoptees’ identity rights and biological parents’ privacy in international law
No full textFull - text undergraduate research projectTraditionally, adoption has characteristically maintained the confidentiality and anonymity of biological parents and upheld the importance and permanence of the new family. Not only was information about biological parents seen as unimportant, but as a hindrance to the stability of the new family. Over the years, international laws on children’s rights have been interpreted in favour of opening up sealed adoption records. It is argued that a child has a right to identity which includes the right to know of one’s genetic origins. In advocating for this argument, there is a move to violating privacy rights of biological parents who consciously and deliberately sought anonymity in the name of promoting their child’s best interests. This new move completely neglects the rights of both biological and adoptive parents and threatens the stability and structure of the adoption process as we know it. This paper investigates the problem at an international level with a view of reconciling the competing rights to prevent violation of one in promotion of another. The problem is analysed through the lens of the principle of the best interests of the child. This approach to employ the best interest theory is taken due to its near universal acceptance and application in all matters concerning children. This research is done through analysis of international legislation and cases, as well as articles and books on the subject. This paper argues for maintenance of privacy and confidentiality of the identity of biological parents. It further argues that the result is in accordance with the best interest principle rather than a violation of it.
Key words: adoption, best interests of the child, biological parents, right to identity, right to privac
Advocating for proprietary rights of cohabitees during separation in Kenya
No full textFull - text undergraduate research projectCohabitation is increasingly becoming common in contemporary Kenyan society, yet the absence of a legal framework to protect the property rights of cohabitees presents significant challenges. The lack of clear legal stipulations leaves cohabiting couples vulnerable, particularly concerning proprietary rights at separation. Judicial actors are often forced to exercise discretion in these matters, relying on the common law doctrine of presumption of marriage and equitable remedies such as constructive trusts. However, this reliance on judicial discretion leads to inconsistencies and unpredictability in rulings, undermining the principle that law should be clear and certain. The presence of an unpredictable not only creates potential injustices but also marginalizes cohabiting couples who lack formal recognition and protection under the law. By analyzing primary and secondary sources through doctrinal research, this paper argues for a comprehensive legal framework that will safeguard the proprietary rights of cohabiting partners in Kenya. The theoretical framework guiding this analysis is John Locke’s labour theory, which posits that individuals gain ownership rights through their investment of labour and resources. The paper concludes with a comparative analysis, drawing lessons from South Africa’s legal culture and framework, which offers protections for cohabiting unions. Key findings highlight the need for statutory clarity, equitable property sharing mechanisms, and formal recognition of cohabitation. Recommendations include adopting legislation that explicitly defines cohabitation relationships, establishing equitable property division rules, and creating legal mechanisms for cohabitation agreements. These measures would enhance legal recognition and security for cohabiting partners in Kenya, fostering fairness and predictability.
Keywords: Cohabitation, Proprietary Rights, Universal Partnership, Cohabitation Agreemen
Written wills - introducing judicial dispensing power in Kenya
No full textFull - text undergraduate research projectThis research examines the need for introducing a judicial dispensing power in Kenya’s succession law to address the rigid formalities that often invalidate written wills due to minor technical defects. The study aims to assess the challenges posed by Kenya’s strict compliance with will execution requirements under the Law of Succession Act, which frequently frustrates testamentary intention, and explores the potential adoption of a judicial dispensing power to mitigate these issues. The central research question investigates how Kenya can reform its succession law to balance procedural safeguards with the validation of wills reflecting genuine testator intent. Guided by John H. Langbein’s substantial compliance theory, the research critiques the strict compliance approach, advocating for judicial discretion to validate defective wills where intent is clear.
A desktop doctrinal methodology is employed, analyzing primary legal sources from Kenya and comparative jurisdiction with South Africa, alongside secondary literature. Key findings reveal that Kenya’s rigid adherence to formalities leads to unjust outcomes, increased litigation, and gender disparities, particularly disadvantaged marginalized groups. In contrast, jurisdictions with dispensing powers, such as South Africa, demonstrate how judicial discretion can uphold testamentary freedom while minimizing fraud risks.
Keywords: Judicial dispensing power, Written wills, Testamentary freedom, Substantial compliance theory, Testamentary intent, Kenya, South Africa
An Empirical investigation of the relationship between investor sentiment and volatility of the equities market in Kenya between 2013 and 2023
No full textFull - text thesisVolatility is a key component of financial markets. It has direct bearing on market uncertainty and influences investment decisions. Higher stock market return volatility can enhance liquidity, but excessive volatility may precipitate crashes. Stock market volatility in Kenya has exhibited an upward trend which raises concerns on heightened market risk. This underscores the need for a comprehensive understanding of the factors driving volatility in the Kenyan market, including investor sentiment, which can cause price swings that are not always explained by fundamentals. This research therefore sought to examine the relationship between investor sentiment and volatility in the Kenyan stock market, guided by the efficient market hypothesis, market microstructure theory, and the noise trader theory. The study period spanned from 2013 to 2023 capturing significant events such as the 2013, 2017 and 2022 elections, the Covid-19 pandemic, currency depreciation and other socio-political-economic shifts which could impact the sentiment-volatility relationship. The study aimed at capturing and quantifying the prevailing market wide sentiment at various time intervals and on further analysis of the sentiment-volatility relationship. The asymmetric effect of sentiment on volatility and the variation in the relationship between high and low volatility regimes was also assessed. Investor sentiment was measured using a monthly sentiment index created using principal component analysis from market-based indicators, while controlling for macroeconomic variables and company fundamentals. The study leveraged on the Generalised Autoregressive Conditional Heteroscedasticity models and quantile regression to capture fluctuations in volatility over time and the impact of investor sentiment. The findings indicated that the sentiment index has significant impact on the return volatility in the Kenyan stock market, with positive sentiment increasing and negative sentiment decreasing volatility. This relationship varies across volatility regimes, being negative during low-volatility periods and positive during average and high-volatility periods. These findings offer practical implications for integrating sentiment analysis into investment and risk management strategies. Limitations include reliance on proxy-based sentiment measures and focus on a single market, suggesting avenues for future research using psychological sentiment indices and multi-market comparisons
Investigating constitutionalism and judicial independence in Liberia
No full textFull - text undergraduate research projectJudicial independence is the foundation of democratic governance and the rule of law. The Liberian Constitution provides structural safeguards for judicial independence, notably in Articles 71, 72, and 73, which address tenure, remuneration, and immunity. However, these safeguards are undermined by Articles 54 and 34(d), which grant the executive and legislative branches control over judicial appointments and budget allocations. This paper examines the extent to which these provisions compromise judicial autonomy and impartiality in Liberia. The research employs a doctrinal legal analysis, reviewing constitutional provisions, case law, and comparative frameworks from other jurisdictions. Additionally, institutional theory and the theory of good governance are applied to assess the impact of political interference on the judiciary’s effectiveness. Findings reveal that executive and legislative influence over judicial appointments and budgets creates vulnerabilities to political interference, eroding public trust in the judiciary. The lack of transparent and merit-based appointment processes further weakens judicial impartiality, while financial dependence on the legislature limits operational autonomy. These structural compromise the judiciary’s role as an independent arbiter of justice. With the use of comparative analysis, this study provides actionable recommendations for enhancing judicial independence in Liberia, ensuring fair governance and safeguarding human rights. This study underscores the urgent need for constitutional and institutional reforms to safeguard judicial autonomy in Liberia