5307 research outputs found
Sort by
Killer or victim: an evaluation of the law on infanticide in Kenya
No full textFull - text undergraduate research projectMotherhood is considered to be one of the greatest joys in a woman’s life. Despite the challenges that are coupled with it, most women would consider being a mother as a very fulfilling journey. Thus, women who kill their children present a profound challenge to the accepted notions of motherhood which emphasize on the security that a mother is expected to accord to their child. The offence of infanticide in modern times has been construed to mean the action of a woman causing the death of her infant due to the challenges that come with childbirth and the effects of lactation. This shows that the law appreciates the reality that the woman’s mind was incapacitated at the time of occurrence of the offence, however, the offence is still criminalized due to the life that has been lost. The study employs the use of qualitative research through the use primary sources such as statutes as well as secondary sources. This study evaluates whether the law in Kenya should continue criminalizing the offence of infanticide. The study considers the current approach taken by different courts in Kenya in deciding such cases. This study also employs the use of a comparative analysis in analysing the development of the law on infanticide using the UK as a comparative jurisdiction. Through the comparative analysis, the study recommends adapting some of the practices that courts in the UK have taken up over the years in deciding cases of infanticide. Lastly, this study examines the opportunity for reform on the law on infanticide in Kenya. It does so by analysing what the UK courts have been doing and whether the same can be adapted by the Kenyan courts
Secrecy versus democracy: an analysis of the limitation of the right to access state held information as guaranteed under article 35 of the constitution of Kenya on the grounds of national security
No full textFull - text undergraduate research projectThe right to access state held information is inextricable from democracy, a government that is for the people and by the people is only truly democratic if it is participatory, transparent and accountable. This dissertation argues the indispensability of the right to access information, particularly within the context of Kenya, where arbitrary and sweeping national security secrecy claims have been wielded as a means to limit this fundamental right. Article 35 of the Kenyan Constitution guarantees the right to access information, yet its efficacy is undermined by discretionary and overreaching national security provisions. Drawing upon a desktop research methodology encompassing a comprehensive review and analysis of journal articles, statutes, legislation, it becomes evident that the overreach of national security secrecy claims in Kenya has deep roots, despite this new age of openness brought on through the Constitution and the access to information legislative framework; it is perpetuated by a lack of regulation and oversight. This unchecked discretion has led to the maintenance of a culture of secrecy, wherein the national security is used as a blanket assertion without sufficient justification, more often than not for political reasons at the expense of democratic principles by comparing the Kenyan context with experiences from South Africa, this dissertation highlights the importance of a balanced approach to national security and access to information. While acknowledging the legitimate need to safeguard national security interests, it argues for clear and transparent mechanisms to regulate the invocation of secrecy claims. This dissertation calls for a re-evaluation of Kenya's approach to national security secrecy claims. It advocates for the implementation of comprehensive and substantive regulation and oversight mechanisms to prevent the abuse of discretion, thereby fostering a culture of transparency and accountability
Modelling cooking energy demand for E-Cooking transition
No full textFull - text thesisAs per estimates, 92% of rural households still use a form of traditional biomass as their preferred cooking fuel. Children especially those under 5 years, suffer from respiratory infections due to the solid fuel combustion. Kenyan women as well as young children are especially exposed to indoor air pollution, which is connected with more than 15,000 unnecessary deaths annually. The Kenyan government and other non-governmental agencies have been on the forefront to promote adoption of electric cooking through various policies and set targets. Considering population expansion in the rural areas and greater electrification percentages, the expectation is that electric energy consumption would increase. This study employs the LEAP modelling tool to forecast rural residential cooking energy demand from 2020 to 2040. Results indicate that traditional biomass, continues to dominate cooking practices, contributing to indoor air pollution. However, alternative scenarios demonstrate the potential for accelerated shifts toward cleaner cooking technologies. Analysis of household surveys reveals a prevalent reliance on traditional biomass fuels such as fuelwood and charcoal, with minimal usage of electric cooking technologies. The LEAP modelling exercise simulates three scenarios: Business As Usual (BAU), Moderate Accelerated Shift (MAS), and High Accelerated Shift (HAS). Under the BAU scenario, traditional cooking methods persist, resulting in a steady increase in total energy demand, reaching 1,937.98 million Gigajoules by 2040. In contrast, the MAS scenario projects a moderate shift towards cleaner technologies, with total energy demand reaching 1,681.9 million Gigajoules by 2040. Notably, the HAS scenario envisions a proactive transition, with rapid adoption of electric cooking and other advanced technologies. This scenario leads to a significant reduction in traditional cooking methods, resulting in a 17% decrease in total energy demand by 2040. The findings highlight the importance of targeted interventions to promote the adoption of electric cooking and other clean energy technologies in rural Kenya.
Keywords: LEAP model; clean energy; electric cooking fuel; sustainability; scenario analysis; electricity; fuel switching
Women in Health Leadership: Rift Valley Nakuru Dissemination Meeting Report
No full textThe Nakuru Dissemination Workshop themed " Charting a New Course: Gender-Responsive Strategies for Kenyan Health Sector " was held on August 29, 2024, at the Midlands Hotel in Nakuru, Kenya. Organized by Strathmore Business School (SBS) in partnership with the Kenya Healthcare Federation (KHF), this workshop aimed to foster discussions on gender-responsive strategies within the Kenyan health sector. Over 50 county
leaders, practitioners, and experts from the Rift Valley region attended, engaging in presentations, interactive sessions, and collaborative discussions centered on the theme. The report begins with an Executive Summary outlining the workshop's objectives, activities, and participants. It proceeds to provide context on the "Driving Country Level Change: Women in Health Leadership" project, spearheaded by SBS and KHF, which addresses the underrepresentation of women in senior leadership roles within the Kenyan health sector and aims to develop strategies for their advancement.
Central to the report is the presentation of research findings by Dr. Angela Ndunge, Principal Investigator and Faculty at SBS. The research titled, "Advancing Women’s Leadership in the Kenyan Health Sector: Are the Rungs on the Organizational Career Ladder Broken?" explored barriers to women's career progression, such as policy gaps, work-life balance challenges, and societal expectations. The research also offered recommendations for creating gender-responsive workplaces. The keynote address by Roselyn Mungai HSC, County Executive Committee Member of Health for Nakuru County, stressed the importance of adopting inclusive policies and practices to ensure an equitable health sector that supports women's leadership. The workshop included several breakout sessions. The first session, facilitated by Charity Kamau from KHF,
focused on "Advocating for Gender-Inclusive Policies." It aimed to identify policy changes necessary to promote
gender inclusivity in the Kenyan healthcare sector. Discussions centered on challenges in implementing family friendly policies, such as flexible work arrangements and parental leave, and explored successful policies from other sectors and countries. The second session, led by Dr. Angela Ndunge, addressed "Ensuring Transparency and Accountability in Recruitment and Promotion Processes." This session examined challenges such as unconscious biases and nonmerit-based recruitment practices, emphasizing the need for transparent guidelines and real-time evaluation measures. Recommendations included gender-sensitive job advertisements, gender-balanced recruitment panels, and continuous training for decision-makers.
The third breakout session, facilitated by Dr. Joy Mugambi, County Director, Admin & Planning, Nakuru County focused on "Building Capacity: Enhancing Skills and Competencies of Aspiring Female Leaders." It explored strategies for developing essential skills through training programs, workshops, and mentorship opportunities, emphasizing the role of supportive networks and structured pathways for women's leadership growth.Strathmore Business Schoo
An Inquiry into the efficacy of the Kenyan ethical regime on the conduct of judges
Get PDFFull - text thesisIn November 2010 Kenyans enacted and gave to themselves a new. The new Constitution fundamentally transformed the administration of the Judiciary, it obliges probity and accountability in the recruitment of judges, and the administration of justice in exercise of donated judicial authority. The new Constitution also obliged the enactment of a code to govern the conduct of judicial officers. The new Constitution has by its specific provisions reformed the justice system. However, regardless of the prevailing solid laws governing ethical conduct of judges, to wit: the Constitution; the Judicial Service Act; and the Judicial Service (Code of Conduct and Ethics), Regulations, 2020, unethical conduct among the Judges is to date a matter of grave concern. There is a disconnect between the conduct of the judges and the expectations of the people of Kenya. The situation begs the question; Is there a need to make more laws or should the search for a solution be re-directed to focus beyond laws? I considered proposals away from the rule-based ethical regime. I concluded that rule based ethical regime is not sufficient for the betterment of the ethical conduct of Kenyan judges. That virtue ethics should be included in the judges training and supervision to having judges who are and can be said to be ethically flourishing in fact and indeed. This should be able to deliver responsiveness to the ethical conduct expected of judges by the people of Kenya as expressly and impliedly put in the enactments. I argue for the introduction of virtue ethics in the judges’ ethical regime not as a substitute to rule-based ethics but as a complement though taking primacy and remaining true to its valid dream that in the fullness of time it will render the latter redundant
Analysing the forms of contract and the role that written and unwritten contracts play in the resolution of commercial disputes in Kenya
Get PDFFull - text thesisAs the world develops, so do business dealings and interactions. These interactions can give rise to disputes, and the resolution of these commercial disputes is becoming more important to many businesses. In essence, a commercial dispute can be viewed as a dispute between two or more business people or entities. Commercial disputes generally arise when a term to a contractual undertaking is breached or there is a disagreement between parties regarding how contractual terms are interpreted. Once a commercial dispute emerges, parties can use a number of ways to resolve such disputes including negotiation, mediation, arbitration, or Court-based litigation. Regardless of the dispute resolution method chosen, contractual claims are easier to enforce when a written contract exists, yet, many businesses enter into contracts by word of mouth. This study aimed to analyse the legal contractual environment of conducting business in Kenya and determine the role of both written and unwritten or oral contracts in commercial dispute resolution. The study adopted a descriptive research design which targeted individuals and entities involved in commercial litigations for dispute resolution. Ten litigations were selected and analysed using the doctrinal legal research method. This study found that parties who conducted commercial transactions on the basis of oral or unwritten contracts had great difficulty in proving the terms of their agreement or even proving that a contract between them and their counterpart existed in the first place. In contrast, the study found that where a written agreement was provided, the Court tended to stick to the express terms of the agreement and did not allow parties to vary the agreed terms, even when one party argued that the terms of the agreement had been orally renegotiated. The particulars of the manner in which Courts look at contracts in Kenya have been explored throughout this study. Based on the findings, this research recommends observing the requirements of a valid contract and making sure the terms of the agreement are written and related records preserved including communication between parties being documented in writing
Effectiveness of the policy framework for climate change interventions at county government level: case of Makueni County Government, Kenya
Get PDFFull - text thesisGlobally, the glaring and unprecedented effects of climate change and pollution on different environments are of key concern to civil society and regional and state governments worldwide. The devolved units in Kenya face severe capacity and resource gaps, such that climate change continues to rank low on their political agenda. Despite having a recently amended national climate policy, Kenya still struggles to align national strategies with county planning and actions. This study intends to analyze the effectiveness of the policy framework for climate change interventions at the county government level, using the case of the Makueni County government, Kenya. The study objectives are: i) to analyze the extent to which county legal frameworks formulated for climate change interventions have been implemented in Makueni County; ii) to examine the effectiveness of county policy making in implementing climate change interventions in Makueni County; iii) to investigate the level of awareness about climate change interventions among Makueni County residents; and iv) to evaluate differences in funding for climate change interventions in Makueni County. The development of a Theory of Change (ToC) guided the study in designing plausible measures to limit climate change. This research adopted pragmatism as the underpinning philosophy, applying a positivist, quantitative research method approach. The quantitative research method principally assisted in gathering quantitative data to explain the phenomena under study. The target population of the study was the residents of Makueni County. Yamane's (1973) formula was used to reach a sample size of 287 participants consisting of local administrators, county assembly members, county executive, national government representatives, and other environment stakeholders. The data collection tools were structured questionnaires for local administrators, face-to-face interviews with county executive committee members, county assembly members, and other leaders, and focus group discussions with the local administrators. SPSS version 24.0 was used to generate descriptive statistics of the different phenomena and to undertake regression analysis to model the effectiveness of the legal framework on climate change interventions in Makueni County. If effectively implemented, these legal frameworks as formulated should have a strong and positive effect on climate change interventions. The study found that the Makueni County legal framework for climate change interventions had been to a large extent ineffectively implemented. The findings also showed that county policymaking processes have been inadequate although positive strides have begun to be taken. Moreover, while the level of awareness about climate change interventions among local administrators is low to moderate, the level of awareness among county leaders and environmental experts is high in Makueni County. An increased level of awareness about climate change has a significant positive influence on implementation of climate change interventions in Makueni County. Variations in funding towards climate change were most influential in the implementation of climate change interventions in Makueni County. Thus, targeting of increased climate change funding will likely have a significant positive influence on the implementation of climate change interventions in Makueni County. The study concluded that the Financing Locally Led Climate Action (FLLoCA) process at Makueni county government is an effective way to climate action. The study recommends that the County Government of Makueni actively and strategically mainstream its legal frameworks related to climate change and align these with the relevant national and international environmental laws in order to create a seamless implementation that will lead to positive climate change interventions at the local level
Moderating effects of institutional ownership on determinants of cash holdings of non-financial firms listed on Nairobi Securities Exchange
No full textFull - text thesisCash is very crucial for businesses, impacting liquidity, operational flexibility, and strategic decision-making. This study investigates the moderating effects of institutional ownership on determinants of cash holdings in non-financial firms listed on the Nairobi Securities Exchange (NSE), factoring the unprecedented challenges posed by the COVID-19 pandemic. The pandemic has significantly altered the economic landscape, prompting firms to reassess their cash management strategies. The objectives of the study were; to establish the effect of profitability on cash holding of non-financial firms listed on the NSE, to establish the effect of firm size on cash holding of non-financial firms listed on the NSE, to establish the effect of board size on cash holdings of non-financial firms listed on the NSE, to establish the effect of board gender on cash holdings of non-financial firms listed on the NSE, to establish the effect of growth opportunities on cash holdings of non-financial firms listed on the NSE, to establish the effect of dividend payment on cash holdings of non-financial firms listed on the NSE, to determine the moderating effect of institutional ownership on cash holding and the determinants on non-financial firms listed on the NSE. The study used shiftability theory, trade off theory, pecking order and agency theory. The research design used in this study was longitudinal. For the period 2011-2022, a population of 44 non-financial firms listed on the Nairobi Securities Exchange was conducted. Out of the 44 firms, the research managed to get data for 31 firms. The population of the study comprised of agricultural, commercial and services, automobile and accessories, construction and allied, energy and petroleum, investment and services, manufacturing, and real estate investment trusts. Secondary data was derived from yearly reports and financial statements. The methodology applied was Arellano bond dynamic panel data model to test determinants of cash holding using shiftability, the trade off, pecking order and agency theories. The study found firm size had a negative significant relationship with cash holdings that was consistent with shiftability theory while profitability, board size, growth opportunities had a positive significant relationship that were consistent with pecking order, agency, and trade off theory. The study recommends guidelines to be set for different size firms as one-size-fits-all policies may not be suitable, and larger firms might have different liquidity needs compared to smaller ones. The study also recommends enforcement of disclosure requirements that mandate companies to report on the influence of institutional ownership on financial decisions, including cash management
Factors influencing the adoption of cybersecurity in large manufacturing companies in Nairobi County
Get PDFFull - text thesisCyberthreats are now universal and affect most organizations around the world. This therefore makes it critical for organizations to adopt cybersecurity measures. This study evaluated how technological factors, organizational resource factors and management factors influence the adoption of cybersecurity in large manufacturing companies in Nairobi County. The research was guided by the Human, Organization and Technology theory and General Deterrence theory. The study focused on 114 large manufacturing firms who are members of Kenya Association of Manufacturers (KAM, 2021). The respondents for the survey were either the Chief Technology Officers/Chief Information Security Officers/Information Technology Managers and ICT Officer/Systems Analyst/System Administrators. The total sample size of the respondents was therefore 228. A structured research questionnaire was adopted in the survey. The data collection for the study was done using Google forms and physical data collection where plausible. The study obtained 80.7% response rate and the collected research data was coded into SPSS. Data was analyzed using descriptive measures, correlation, and regression analysis. The research showed a positive relationship between the organizational resource factors, management factors, and technological factors with adoption of cybersecurity in manufacturing companies in Nairobi County. The results of the regression analysis showed that 41.7% variation in the adoption of cybersecurity could be determined by their organizational resources, management capabilities and technological capability. Hence, the overall regression established that the selected factors contribute significantly to the adoption of cybersecurity. The study recommends that to adopt cybersecurity, the firms need to be ready to allocate significant resources, both financial, and technological to ensure that they meet the high costs associated with pursuing adoption of cybersecurity. The study also recommends that managers align security decisions with organizational goals and capabilities to reduce organizational misalignment which can affect adoption of cybersecurity.
Keywords: cybersecurity, organizational resource factors, management factors, technological factors, manufacturing industr