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Cyber warfare and international humanitarian law: evaluating the need for a dedicated legal framework
No full textFull - text undergraduate research projectCyber operations have become a significant aspect of modern warfare, yet they still depend on general international humanitarian law principles to safeguard civilians. This study examines the current legal framework governing cyber warfare and analyses recent cases where the application of IHL to cyber operations has been questioned. It argues for establishing a dedicated legal framework within IHL to specifically address cyber warfare, ensuring that the objectives of IHL, such as the protection of civilians and military necessity, are fully met. The study draws on legal positivism and realism in international relations to assess the need for this specialized framework. By interpreting existing laws and literature on cyber operations, it highlights the inadequacies of the current framework, particularly challenges in applying the definition of an attack and the principle of distinction to cyber operations. In conclusion, it proposes a dedicated framework under IHL that clarifies key principles and definitions, addressing ambiguities and limiting varied interpretations in the context of cyber warfare
Afghan refugee exodus: exploring the legality of forced expulsions in Pakistan under the juridical lens of Islamic legal doctrine
No full textFull - text undergraduate research projectOn 3rd October 2023, the Pakistani Government instituted a measure that resulted in the forced expulsion of Afghan refugees. Against this backdrop, the study scrutinizes the recent Pakistani government's decision to expel what it terms 'illegal immigrants,' identified by human rights organizations as refugees fleeing Taliban persecution. Given Pakistan's status as an Islamic Republic constitutionally bound by Islamic Shariah Law, the research explores the legal implications and the measure's conformity with Islamic law, questioning the alignment between national and international standards. The study hypothesizes a breach of constitutional duty to adhere to Islamic Law by Pakistan, and poses critical questions addressing the historical trajectory, alignment of Islamic law with international standards, the constitutional basis for Islamic Refugee Law, and the legal ramifications of the forced expulsion. This investigation aims to fill the existing lacuna in understanding the legality of such measures within the framework of Islamic Shariah Law and Pakistan's national legal context. Thus, this study will analyse the extent to which Islamic law on refugees and asylum seekers aligns with international standards; examine the legal and constitutional basis for the place of Islamic Refugee Law within Pakistan; and analyse the legal implications of the current forced expulsion within the frameworks of Islamic law
Addressing the legal void: developing legal recommendations for surrogacy arrangements in Kenya
No full textFull - text undergraduate research projectThe issue of surrogacy in Kenya has emerged from a complex interplay of legal ambiguity as well as social vulnerability. Surrogacy has been practised in Kenya since at least 2008, however there is no formal legal framework that surrounds it. Although the law allows any woman to act as a surrogate mother if she consents, it does not provide regulation of how the practice ought to be conducted by the parties involved. Investigating this problem aims to address several critical issues that affect how the practice is carried out and the effects of the practice to the parties that are involved. These issues may have arisen because the law does not fully recognise the practice. By relying on the liberal feminist theory as the main theory as well as doctrinal methodology, the study has emphasised the need for a balanced regulatory environment that safeguards human rights while addressing the need for a framework to govern the concerned parties in making their arrangements
Traditional theological interpretations as a barrier to achieving gender equality in Kenya
No full textFull - text undergraduate research projectMy study looks into the influence of traditional theological interpretations on the efforts to achieve gender equality in Kenya, considering the cultural diversity. Significant advancements have been made to push the agenda of gender equality, including the implementation of gender-sensitive policies. However, cultural and religious beliefs are still barriers to achieving true gender equality. Consequently, this research explores the historical context of gender roles in traditional African communities and religion, and how these interpretations form stereotypes for women. Utilizing doctrinal research from legislation and scholarly work, I gained insights into the reality of gender inequality in Kenya, as well as what fuels the said gender inequality. The analysis of these sources revealed the existence of progressive interpretations, which would support gender equality if adopted. Sadly, some communities remain resistant and cling to outdated views, enabling the breeding of gender inequality. The existence of this issue calls for dialogue and education for us to shift from using harmful interpretations, re-evaluate theological interpretations, and gain an equitable understanding of gender roles in religious institutions
Effect of green manufacturing practices on operational performance of large manufacturing firms in Nairobi County
No full textFull - text thesisThe increasing focus on environmental sustainability has led manufacturing companies to consider adopting green manufacturing practices. The empirical research in the area showed that there were mixed results on how green manufacturing related to operational performance. Some studies showed a positive relationship (Seth & Shrivastava, 2016; De Oliveira et al., 2019; and Musau, 2019) while others brought a negative (Hejazi et al., 2023; Adam et al., 2021) or insignificant (Ahmad et al., 2022; Otundo, 2019) relationship. The Kenyan studies brought out research gaps where the studies showed conceptual, methodological and/or contextual gaps. This research sought to fill the gaps through an examination on how green manufacturing practices affects operational performance of large manufacturing companies in Nairobi County, Kenya. Specifically, it looked into the effect of eco-friendly production methods, waste reduction and energy efficiency on operational performance. The study was carried out in the months of April and May 2024. The study used a multi-theory based on the resource-based view and triple bottom line theory. The study employed a positivist research philosophy and a descriptive cross-sectional research design targeting 115 large manufacturing firms in Nairobi County. A total of 89 manufacturing companies were sampled through simple random sampling. Data was gathered from 89 top managers in the operations department of large manufacturers in Nairobi using a structured questionnaire. Pilot study was done to establish the reliability and validity. Reliability was checked through internal consistency check using Cronbach alpha while validity was checked by having experts check on the research instrument. Descriptive statistics and simple linear regression analysis were adopted for analysis. The study found that eco-friendly production process, waste reduction and energy efficiency had a positive and significant regression coefficient on operational performance. This shows that green manufacturing practices positively affects operational performance of manufacturing companies. The study concluded that green manufacturing practices of eco-friendly production process, waste reduction and energy efficiency have a positive effect on operational performance of large manufacturing firms in Nairobi County. This study recommends that manufacturing companies in Nairobi County increase the adoption of eco-friendly production processes in order to improve their operational performance. They also need to gear up their waste reduction efforts and increase the adoption of energy efficiency in their operations for improved performance. The policy makers also need to come up with relevant policies that would support the implementation of green manufacturing among large manufacturers in Kenya. This would lead to improved performance among the manufacturing companies. There is need for further research based on other factors influencing operational performance of manufacturing companies; other measures of operational performance and green manufacturing practices; in a rural county like Kirinyaga County; and involving small manufacturing companies in Nairobi County. The study will be valuable to policy makers, management of large manufacturers, academicians and researchers as it creates an understanding on how green manufacturing practices affect operational performance
Mitigating HIV risk linked to disco funerals in Western Kenya
No full textProf. Samuel Mwalili is a statistician and mathematical modeller and Adjunct Professor at Strathmore University, Institute of Mathematical Sciences (SIMS). His research focuses on infectious disease dynamics, including HIV and COVID-19. He has contributed to Kenya’s national epidemic modelling and forecasting efforts.
Dr. Duncan Gathungu is a researcher in applied mathematics and computational modelling. His work centres on numerical methods and the mathematical modelling of infectious diseases, with publications examining the effectiveness of social distancing and other public-health interventions in Kenya.Disco funerals (“disco matanga”) are culturally significant events in western Kenya but create high-risk settings for HIV transmission through factors such as overnight travel, alcohol use, and transactional or coerced sex. A mathematical modelling study using EMOD-HIV estimated that disco funerals contributed 7.8% of HIV infections between 1980 and 2024, peaking at 9.9% in 2004. Future projections (2025–2050) show that biomedical prevention (PrEP), biobehavioural interventions (condom use, reduced partners), and structural approaches (female empowerment) could avert 9.7%, 2.9%, and 1.2% of new HIV infections, respectively. This policy brief highlights urgent policy options to integrate culturally tailored HIV interventions within funeral practices in Kenya to reduce HIV transmission.
Keywords: Disco funerals, HIV transmission, biomedical prevention, behavioural intervention, structural approache
Addressing the ambiguity in taxing bundled digital services: a critical analysis of Kenya’s digital service tax framework
No full textFull - text undergraduate research projectThis research thoroughly examines the ambiguity within Kenya’s Digital Tax framework on the taxation of bundled digital services. Bundled digital services offer multiple services as a package to consumers, they often combine taxable and non-taxable elements in the digital market. The core issue lies in the lack of clear definitions and classifications for taxable elements in a bundled package. Kenya’s DST framework currently applies a blanket approach treating all listed digital services within the Incomes Tax Act as taxable regardless of the compositions in which these services are offered. As a result, there exists confusion for businesses and inefficient revenue collection. It is thus important to define taxable and non-taxable entities in a bundle more precisely to ensure tax fairness and administrative efficiency. This paper, therefore, addresses the following key question: How can Kenya’s DST framework be refined to more effectively tax bundled digital services? The study adopts a doctrinal methodology analyzing legal cases, tax reports, and relevant acts. A comparative analysis will also be adopted comparing the digital tax framework of India and Australia. There is a clear distinction between taxable services in India’s goods and Service Tax framework and the periodic review mechanisms in Australia making these countries more relevant studies on addressing the complexity of taxing bundled digital services. Some key findings have determined that the unclear broad-based approach of Kenya’s DST hardens compliance for those business ventures offering various streamed services, cloud storage, and even e-commerce. Business enterprises find difficulties defining their liabilities for tax obligations without appropriate guidance; hence, they file taxes inconsistently with increased compliance costs. The government thus loses potential revenue. The research recommends clarity about the definition of bundled services and putting in place mechanisms that allow periodic reviews to adapt to the rapidly changing digital economy. These reforms will be key in improving equity, reducing compliance burdens, and simultaneously assure Kenya of sustainable revenue from the growing digital sector
Perceived effects of cybersecurity culture on financial performance of Kenyan commercial banks: moderated by audit committee characteristics
No full textFull - text thesisCommercial banks in Kenya, like many institutions globally, face a growing number of cyber threats that could severely impact their financial stability, customer trust, and operational effectiveness. Over the years, the financial performance of Tier II and Tier III commercial banks in Kenya has been on the decline. This study sought to establish the effect of cybersecurity culture on the performance of commercial banks in Kenya, moderated by audit committee characteristics. The objectives of the study were to determine the effect of top management support on performance of commercial banks in Kenya, to examine the effect of information security policy on performance of commercial banks in Kenya, to investigate the effect of cyber security training on performance of commercial banks in Kenya and to assess the moderating effect of audit committee characteristics on the relationship between cybersecurity culture and performance of commercial banks in Kenya. The study was anchored on the institutional theory, the resource-based view and the agency theory. The study adopts a positivist philosophy. A descriptive research design was used, involving a cross-sectional survey. The research targeted 38 commercial banks in Kenya. A random sampling technique was employed, to select a sample size of 114 employees. A structured questionnaire was used to gather data on a 5-point Likert scale. Financial performance data was obtained from reports from the Central Bank of Kenya. Descriptive statistics (mean, standard deviation) was used, followed by multiple regression analysis to assess the influence of cybersecurity culture factors on the banks’ performance. The study revealed that top management support, information security policies within the commercial banks and cybersecurity training have a significant positive effect on the financial performance of commercial banks in Kenya. The audit committee characteristics significantly moderates the relationship between cybersecurity initiatives and financial performance. The Central Bank of Kenya should develop and enforce cybersecurity governance guidelines that mandate minimum standards for management involvement and audit oversight in cybersecurity. There is need to implement policies that require the continuous review and updating of information security policies at least annually. Commercial banks management should aim to improve the relevance and applicability of cybersecurity training.
Key words: financial performance, cybersecurity, culture, management, training, audit, polic
The Determinants of regulatory compliance among insurance companies in Kenya
No full textFull - text thesisThe increasing incidence of fines and penalties imposed on insurance companies in Kenya for non-compliance has raised concerns about their financial stability and ability to meet client obligations. This study investigates the key determinants of regulatory compliance within Kenya's insurance sector, focusing on ownership structure, board composition, and firm size. While prior studies have shown mixed results on the influence of these factors, this research adds clarity by examining them within the Kenyan context. Guided by agency theory and stakeholder theory, the study adopted a positivist philosophical stance and employed an explanatory research design based on secondary data from the Insurance Regulatory Authority (IRA) and published financial records. The analysis revealed that ownership structure and board composition significantly influence regulatory compliance among insurance companies. In contrast, firm size had no notable effect. Additional factors such as company age, leverage, and the range of insurance classes offered also played varying roles in compliance behavior. The findings underscore the critical role of ownership concentration and board independence in enhancing regulatory compliance within the Kenyan insurance sector. The study reveals that higher ownership concentration fosters greater oversight and accountability, while independent boards are better positioned to ensure adherence to regulatory standards. Based on these findings, insurance firms are encouraged to optimize their ownership structures and strengthen board independence to improve compliance. Policymakers are urged to introduce incentives for concentrated ownership and to enhance regulations promoting board independence, ensuring stronger corporate governance across the sector. This study contributes to the broader discourse on regulatory compliance by emphasizing the significance of governance frameworks in shaping compliance behavior within the insurance industry.
Keywords: Regulatory compliance, Insurance companies, Corporate governance, Ownership structure, Board composition, Leverage, Kenya, Agency theory, Stakeholder theory
Assessment of the effects of family and peer relationships on child wellbeing: a case of Our Lady of Mount Carmel, Nkoroi Catholic Parish, Ngong Diocese
No full textFull - text thesisChild well-being is a multifaceted undertaking demanding a community-based approach to ensure its realisation. A multi-sectoral approach involving the government, church, community leaders, parents, and peers is essential to ensure improved child well-being. Anchored on the IPARTheory and the Transformation Leadership theory, the current study sought to assess the effects of family and peer relationships on child well-being using the case study Our Lady of Mount Carmel, Nkoroi Catholic Parish, Ngong Diocese. Specifically, the study aimed to evaluate how the Kenyan government has addressed the family and peer relationships domain of child wellbeing through existing legal and policy frameworks, including the gaps that remain due to the delayed enactment of the National Policy on Family Promotion and Protection (NPFPP) 2019, identify the factors that influence family and peer relationships domain of child wellbeing, and establish the measures Our Lady of Mt. Carmel, Nkoroi Catholic Parish community has taken to promote healthy family and peer relationships that can be replicated to enhance child wellbeing in Kenya. Findings revealed that the Kenyan government has failed in its mandate of implementing legislations and policies for promoting family and peer relationships domain of child well-being, that numerous factors influence family and peer relationships domain of child well-being, and that the Catholic Parish community employs a variety of measures to promote healthy families and peer relationships as well as foster a supportive environment for child well-being. Based on the findings, the study recommends that the Kenyan government embrace a multi-sectoral approach that includes churches and community leaders in the implementation of legislations and policies related to child well-being. It also recommends mainstreaming community-driven approaches into national policies in the family-and-peer relationships domain toward the holistic well-being of children in Kenya