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Investigating legal frameworks - a comparative study of the outsourcing of social media content moderation in Kenya and India
No full textFull - text undergraduate research projectSocial media content moderation involves the removal of harmful content and promotion of accurate information aiming at providing to the users a healthy environment for interactive discourse. To ensure that moderation is done effectively, social media platforms tend to outsource this function to third party contractors, who then hire the moderators. Kenya has become the hub for content moderation outsourcing, in the Sub-Saharan Africa region, because of several reasons: the high level of training in the IT Sector, the country has one of the best internet connectivity in the region, and the high number of people who use social media daily.
The social media platforms outsourcing content moderators in Kenya are mainly Facebook, TikTok, and X, formerly known as Twitter. The Business Process Outsourcing (BPO) and the IT-Enabled Services (ITES) are methods utilised by third party contractors responsible for hiring content moderators. The risk that this model creates is that it exposes the outsourced moderators to unfair working practices and leaves them uncertain as to whom to hold liable in case of infringement of their rights. The question this study seeks to address is what kind of legal regime governs the BPO and ITES models and what employment protections are available for content moderators. The study will compare Kenya to India because there exists similar legal systems between the two countries and the recognition of India as a global tech hub.
This study employs the use of qualitative research to analyse legislation and literature review, seeking to establish which kind of legal regime governs the contractors operations in the country and whether Kenyans employed in this industry are being protected by the law or not. This study will use the principle of proportionality as its theoretical framework due to its ability to resolve conflicts between a right and a competing right or interest
Overcoming hurdles to electronic conveyancing in Kenya: an in-depth analysis of Kenya’s National Land Information Management System, 'The Ardhi-Sasa System’
No full textFull - text undergraduate research projectThe Ministry of Lands in Kenya faces significant challenges in adopting electronic conveyancing (econveyancing) under the National Land Information Management System (NLIMS), commonly known as Ardhisasa. Despite efforts to digitize land records and streamline conveyancing, the transition from manual, paper-based systems to digital platforms have been slow and uneven. This has resulted in service delivery inefficiencies, operational setbacks, and continued reliance on traditional methods, particularly in counties outside Nairobi. The failure to fully realize the benefits of e-conveyancing raises critical questions about the root causes of this implementation gap and the specific constraints impeding the successful adoption of electronic conveyancing practices in Kenya. This study examines the legal and institutional framework governing e-conveyancing in Kenya to identify the key barriers hindering its full implementation. It explores technical limitations, administrative inefficiencies, regional disparities, and stakeholder resistance, assessing whether the current legislative and policy environment adequately supports digital land transactions. Additionally, it evaluates the project management and organizational structure of NLIMS to determine whether the Ministry of Lands and affiliated institutions possess the necessary resources, leadership, and capacity to sustain digital conveyancing. By addressing these challenges, this research proposes practical recommendations to enhance the efficiency, accessibility, and reliability of electronic land administration in Kenya. The findings will contribute to a deeper understanding of the reforms needed to ensure the successful and equitable implementation of e-conveyancing across all regions
Legally mandated pre-deployment evaluations: promoting AI safety in clinical medicine across Africa
No full textFull - text undergraduate research projectThe integration of advanced artificial intelligence (AI) into healthcare systems presents transformative potential for clinical medicine in Africa, yet it introduces profound context specific risks. This study identifies four primary risk vectors through content analysis. First, the potential for mistranslations and misinterpretations in diagnostic settings due to linguistic diversity; second, the inadequate integration of traditional medicine data, heightening the risk of adverse drug reactions and misguided therapeutic recommendations; third, genetic biases stemming from the underrepresentation of African populations, which may precipitate misdiagnoses; and fourth, the neglect of tropical diseases endemic to the region, further compounding diagnostic inaccuracies. Although dataset bias underpins all these concerns, each manifests in distinct ways that can compromise patient safety and clinical outcomes. In response to these challenges, the study advocates for urgent, legally grounded solutions. Through a comprehensive review of the literature and a qualitative analysis of current evaluation methods, legal instruments, and policy frameworks, the study argues that existing AI safety evaluation frameworks, predominantly developed in high-resource settings, are ill-suited to the African context as they fail to capture the distinctive risks inherent in the continent’s clinical environment. Instead, legally mandated, context-specific pre-deployment evaluations are essential. To operationalise this approach, a tripartite legal framework is proposed: (1) government involvement through data aggregation and verification of developer assessments; (2) private-sector incentives that promote rigorous, independent evaluations; and (3) enforceable developer obligations to adhere to context-aware safety standards
Law, artificial intelligence, & liability: assessing the correspondence between Kenyan law and civil liability for autonomous artificially intelligent systems
No full textFull - text undergraduate research projectThe rise of AI throws a wrench into established civil liability rules. This paper identifies these roadblocks and proposes solutions on how to adapt legal frameworks to hold AI accountable. The investigation carried out within this dissertation focuses on the multilayered interplay between AI and regulation. The primary goal of this dissertation is to investigate and determine who is liable for harms caused by AI systems. The paper explores the complex issues surrounding assigning blame for the defects in AI systems, aiming to offer a thorough grasp of the practical, ethical, and legal aspects of this matter. Furthermore, we examine the evolving field of artificial intelligence (AI), the current legal systems, and emerging issues via a multidisciplinary lens with the goal of illuminating the way forward for developing a fair and responsible framework for AI system accountability. The analysis moves for a proposal for a legal framework that can accompany the development of AI in Kenya, as it is paramount for the diverse actors who operate within
Parental responsibility; an interrogation of the Kenyan legal system regarding enforcement of child support orders
No full textFull - text undergraduate research projectA critical examination of the enforcement of child support orders in Kenya, with a particular focus on the legal obligations of parents under the Children Act 2022 and Article 53 of the Constitution of Kenya. The Constitution of Kenya aims to protect all citizens, with a special emphasis on the rights and welfare of children, recognizing them as a vulnerable segment of society that requires additional safeguards. Maintenance of children is a fundamental responsibility of parents, as mandated by law, and this duty must not be neglected or left unfulfilled.
Despite the strong legal framework, there is a significant gap in the effective enforcement of child support obligations, especially in cases involving single-parent families. This gap has detrimental effects on the welfare of children, contrary to the principles enshrined in both national and international law. Kenya has ratified important international instruments such as the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child, both of which reinforce the obligation of the state to ensure that children’s rights, including the right to maintenance, are upheld.
Using a doctrinal methodology, this study analyses the existing legal provisions and their practical application, revealing the disparities in the protection of children due to the lack of a robust enforcement framework. The research is grounded in the best interest of the child principle and the theory of conformity of law, which together underscore the necessity of aligning legal practices with the rights and needs of children.
The aim of this paper is to expose the inconsistencies and inadequacies in the current child support enforcement mechanisms in Kenya, which contribute to the insufficient protection of children. It argues for the establishment of a comprehensive enforcement framework that ensures child maintenance obligations are consistently met. By proposing this framework, the study seeks to create a sustainable legal mechanism that upholds the welfare of children, minimising the need for repetitive court interventions and ensuring that parental responsibilities are not abandoned. Ultimately, the research aspires to contribute to the strengthening of Kenya's legal system in a way that better protects its youngest and most vulnerable citizens
Analysing the viability of ‘legitimate interests’ as a lawful means of processing personal data
No full textFull - text undergraduate research projectPersonal data is indivisible from the person. It contains information on patterns of behavior, personal preferences and a person’s overall identity. Technology continues to row at a rapid rate and personal data therefore needs to be afforded a similar level of rights and protections that would accrue to an individual. This will ensure that there is safeguarding of people’s privacy, dignity and even their autonomy. Various strides have been made in order to give this protection, including providing for specific grounds by which personal data may be lawfully processed. Among these grounds however, is one ground whose ambiguity carries with it a large potential for misuse or abuse. This reference is made in accordance with the ‘' legitimate interests '’ ground. This research seeks to investigate the legitimate interest ground and to examine the rationale for its creation, its impact in data processing thus far and to make recommendations on whether it should be limited to certain actors such as the state. It also seeks to consolidate the information available about this ground in order to bring clarity on what it covers and what falls outside its scope
Legislative landscape: recognising chronic illnesses as vulnerabilities — bridging legal gaps for health equity and inclusivity
No full textFull - text undergraduate research projectIn Kenya, the Social Assistance Act 2013 was formulated to give effect to article 43 (1)(e) of the Kenyan constitution that provides for the right to social security. However, there seems to be a gap in its list of persons considered eligible to receive social assistance in the Kenyan jurisdiction due to the exclusion of people living with chronic illnesses. This study seeks to present a comprehensive analysis to understand whether there are legal implications flowing from the lack of inclusion of such persons in the act and especially the infringement of the human rights to dignity, attainment of the highest possible standard of health and social security. Further, it will seek to show whether there is a need for a precise legal framework protecting the same by carrying out a comparative analysis with the United Kingdom and how it has protected the rights of people living with chronic illness. This paper hopes to advance policy and discourse as well as recommendations that would enhance the legal recognition of vulnerability and protection of individuals with chronic illnesses in Kenya
The Influence of social media on consumer purchase decisions within Nairobi County, Kenya
No full textFull - text undergraduate research projectThis research assessed the impact of social media on consumer buying behavior within the context of Nairobi County, Kenya, focusing on how different elements of social media influence consumer decision-making. Using a practical realism approach, the study combined quantitative surveys and qualitative interviews to provide comprehensive insights. A sample of approximately 400 active social media users aged 18 and above was selected via stratified random sampling. Data collection tools included questionnaires measuring social media adve1iising, information flow, and influencer impact, alongside interviews exploring purchase motivations. Validity and reliability were ensured through expert reviews and Cronbach 's Alpha testing. Data analysis utilized SPSS and STAT A for statistical correlations and thematic interpretation of qualitative findings. Key findings highlighted the significant role of platforms like Instagram and Facebook, with video ads, testimonials, and peer reviews as major influences. Younger consumers (18-29 years), particularly those educated and tech-savvy, were most responsive to visually appealing content and promotional offers. Authentic user-generated content and relatable influencers were pivotal in driving trust and purchase decisions. The study concluded that social media marketing is crucial for businesses targeting younger audiences, emphasizing creative, authentic, and promotional content. Recommendations included optimizing social media ads, leveraging UGC, and collaborating with credible influencers. Future research directions proposed exploring regional and industry-specific social media impacts, long-term effects on brand loyalty, and evolving dynamics of consumer behavior in digital spaces
The Relationship between gender-inclusive access to agricultural credit and household food security: evidence from Kirinyaga County
No full textFull - text thesisNumerous households in developing nations, notably in Africa, grapple with insufficient and nutritious food despite food insecurity interventions. Exclusionary agricultural financing, especially impacting women smallholder farmers, hampers food security by limiting credit, resources, and inputs, reducing crop yields, and hindering food production and household well-being. Addressing gender disparities in agricultural credit access is crucial to unlocking the potential of the agriculture industry, fostering sustainable food production, and improving livelihoods. This research investigates the relationship between household food security in Kirinyaga County, Kenya, and gender-inclusive access to agricultural credit. Objectives include exploring gender dynamics' influence on credit accessibility and its effect on household food security. The study delved into women's empowerment effects, scrutinized gender disparities in credit access, and assessed implications for food security. Cooperative membership's relationship with household food security is also examined. The exploration is guided by theoretical frameworks such as feminist theory, intra-household dynamics theory, and the Social Capital Food Theory (SCT). The study targeted approximately 50,782 farmers actively engaged in farming in Kirinyaga County, comprising 43,113 coffee cooperative farmers, 6,430 dairy farmers, and 1,239 irrigation cooperative farmers. Using the Yamane formula, a sample size of 397 farmers was determined for data collection. The research employed a stratified probability sampling methodology to ensure an impartial opportunity for every individual within the population to be chosen for inclusion in the sample. A Multivariate Probit analysis revealed that the ease of securing funds for farming by women and equal chances for men and women to get money for farming had a positive and highly significant influence on Food Availability, Food Utilization, and Food Accessibility. Women's involvement in farming and decision-making also had a positive and significant impact on household food security dimensions. However, challenges in accessing money for farming needs negatively affected Food Availability and Food Accessibility. Cooperative membership had a positive and highly significant effect on all three dimensions of food security. The study concludes that gender-inclusive access to agricultural credit, women's empowerment, addressing gender disparities, and strengthening cooperative membership are crucial for enhancing household food security. Recommendations include implementing gender-sensitive policies and initiatives, prioritizing women's empowerment in agriculture and decision-making, promoting inclusive lending practices, and strengthening cooperative membership. Stakeholders should adopt gender-inclusive practices such as targeted interventions, capacity-building programs for women farmers, and awareness campaigns promoting cooperative membership.
Key words: Gender-Inclusive, Access to Agricultural Credit & Household Food Securit
Determinants of Value Added Tax compliance and moderating role of start up size in Kenya
No full textFull - text thesisVAT compliance is crucial for effective tax administration and significantly contributes to government revenue. However, Kenya's VAT compliance rate is currently below the target, resulting in substantial revenue losses. This study aimed at assessing the determinants of Value Added Tax (VAT) compliance among startups in Kenya, with a specific focus on the moderating effect of startup size. The study identified four key determinants: tax knowledge, compliance costs, taxpayer perception, and technological changes, while also exploring how startup size influences these relationships. Drawing on theoretical foundations such as Fiscal Exchange Theory, Economic Deterrence Theory and the Taxable Capacity Theory, the study investigated both voluntary and enforcement-driven compliance mechanisms. The study, carried out between March and April 2025 employed an explanatory research design to examine the relationships, targeting 308 startups in Nairobi County, with a sample size of 174 determined through stratified random sampling. Primary data was collected using structured questionnaires, and data analysis was conducted using both descriptive and inferential statistics, with Ordinal Logistic Regression applied to assess the moderating effect of startup size. The study findings revealed that Value Added Tax (VAT) compliance among startups in Kenya have effects on tax knowledge, compliance cost, taxpayers’ perception and technological changes. The study further revealed that there was a strong positive correlation between Value Added Tax (VAT) compliance among startups and tax knowledge, compliance cost, taxpayers’ perception and technological changes. Results showed that increases in tax knowledge, compliance costs, taxpayer perception, and technological changes significantly improved VAT compliance among startups. Additionally, startup size significantly moderated these effects, strengthening the positive relationships between determinants and compliance. The study concludes that tax knowledge, compliance costs, taxpayer perception and technological changes significantly enhance VAT compliance among startups. The study contributes by quantifying the impact of key determinants on VAT compliance using an ordinal regression approach while highlighting the role of startup size as a moderator, which is rarely addressed in prior research. Limitations include the cross-sectional design and focus on startups in Nairobi County, which may affect generalizability. The study recommends that, the Kenya Revenue Authority (KRA), in collaboration with startup support organizations, should develop and implement comprehensive tax education programs. The government, through the National Treasury and KRA, should consider streamlining tax compliance processes to reduce unnecessary financial and administrative burdens. Future studies could explore compliance with other tax obligations, such as corporate income tax, excise duty, or withholding tax