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The Search on official searches: the consent conundrum under Ardhi Sasa
No full textFull - text undergraduate research projectLand administration operates as a 'gatekeeper' for a resource with a significant collective stake held by the public. Striking a balance between managing this contested resource and delivering effective service is crucial, emphasising the necessity for well-established administrative practices. Key to achieving efficient land administration is the land policy principle of transparency enshrined under Article 60(1)(d). However, a conflict arises with the consent requirement which stands contrary to the transparency principle by impeding open data and access to information. This conflict is particularly evident in official searches essential for due diligence in property transactions, as they are hindered by the mandatory need for prior owner consent. From this, it becomes apparent that hindering access to information not only compromises transparency but also infringes upon the fundamental right to property. This right, which ideally safeguards ownership and acquisition, should inherently encompass the enabling process of due diligence that precedes these crucial factors. As Ardhi Sasa exists as an electronic manifestation of the Land Registration Act, the study critically evaluates the rationale behind the inclusion of the consent requirement prior to conducting official searches. Unravelling this question becomes the core focus of the study, aiming to provide insights into the complexities of the consent requirement and its impact on transparency in the conveyancing process. Ultimately, the study aims to forge a path towards promotion of a land information system where transparency is not just a principle but a living reality
Assessment of the constitutionality of Section 2 and Section 120 of the Land Act on prompt payment of compensation during the compulsory acquisition process in Kenya while comparing to India and Australia
No full textFull - text undergraduate research projectCompulsory land acquisition is an important process that helps with the development of a country. In Kenya, this process is acknowledged in the 2010 Constitution, Article 40. The acquisition ought to be for a public purpose and compensation to be paid justly and promptly as provided by the Constitution and Land Act. Despite this the landowners are being disadvantaged by this process because of the lack of definition of the term prompt. Therefore, this study focuses on the constitutionality of the laws on compulsory acquisition and more so, on prompt payment of compensation by conducting qualitative research. It also conducts a comparative analysis in Australia and India that has laws that ensure that the landowners are not being disadvantaged by the acquisition. This study gives a meaning of what prompt payment is and of which ensures that none of the parties involved in the acquisition are disadvantaged and their rights violated. This meaning is inspired by the systems in both Australia and India and the best practices such as the Food and Agriculture Organization and the World Bank. Hence, by adopting this meaning, the Land Act will be in conformity with the Constitution and the standards brought about by the best practices
Leadership and integrity: a study of which legal test best implements Chapter Six of the constitution of Kenya (2010)
No full textFull - text undergraduate research projectThe promulgation of the constitution in 2010 sought to present a clean break from Kenya’s past marred by poor governance consisting of the political use of violence, corruption, tribalism and human rights violations among others. With chapter six therein seeking to set higher standards for persons seeking state office so as to enable good governance, there has been a variance as to what threshold best implements it. Courts have shared divided opinions as to whether to let actions determining lack of integrity rise to a threshold of criminality or not to rise to that threshold or even to look deeply into the facts of each case and determine if the allegations put forward consist of lack of integrity. It is for this reason that this study seeks to establish which test best suits the implementation of the integrity chapter of the constitution. This study was a desk-based project that has mostly relied on qualitative evidence emanating mostly from secondary sources such as research reports, chapters in books, journal articles and case law. It has found that indeed, while there is a need for implementation of chapter six, there is discord as to how it will be implemented. This study therefore recommends the use of the unresolved questions standard which is highest standard, among those that have been put forward, so as to effectively implement chapter six and the high standards therein
Effect of prolonged life expectancy on retirement funding sustainability among members of Kenya Association of Retired Public Officers
No full textFull - text thesisRetired public officers in Kenya face challenges due to increased life expectancy and straining retirement funds. This study investigated the effect of prolonged lifespan on retirement funding sustainability, assessing healthcare access, cost of living, and alternative income sources. Grounded in Social Exchange and Life Course theories, it adopted a positivist philosophy and descriptive correlational design. The population of the study included retired public officers in Kenya, with a sample of 372 from the Kenya Association of Retired Officers (KARO). Quantitative data was collected through questionnaires and analysed using SPSS. Findings indicate healthcare access had a significant positive effect on retirement funding (β=0.328), implying a 32.8% increase with each unit rise. The cost of living by retirees had a significant negative effect (β=-0.192), suggesting a 19.2% decrease in funding per unit increase. Alternative income sources had a significant positive effect (β=0.275), indicating a 27.5% increase in funding per unit increase. The research provides insights for policymakers, fund managers, and retirees to address financial challenges, enhance funding options, and plan for secure retirement. Essentially, this research study advances the collective understanding of the unique cost of living by retired public officers and provides invaluable insights into the sustainability of retirement funding systems. By addressing the research objectives with diligence and rigor, this study serves as a guiding beacon for the development of comprehensive strategies and policies that safeguard the financial security and general well-being of retired public officers, thereby contributing to a more sustainable and secure retirement experience for all
Effect of Corporate Social responsibility on loan performance in commercial banks in Kenya
No full textFull - text thesisBusinesses do not exist in a vacuum. They exist in a society from where they derive their benefits and to where they should extend a lending hand. Corporate social responsibility is a way of giving back to the society by businesses. In doing so, the businesses end up gaining by having favorable public perception thus increasing their overall financial performance. In Kenya, the interdependency is particularly pronounced in the Banking sector as most commercial banks have not been left behind in participating in CSR activities. Commercial banks in particular have come up with community-based programs targeting health, education and general welfare. Given that the main source of income for commercial banks is through interest paid in by borrowers for credit facilities extended, it was interesting to ascertain whether engaging in CSR activities would influence loan performance in commercial banks. The outcome of the previous studies on the influence of CSR on loan performance of commercial banks remains inconclusive. Therefore, the purpose of the study was to investigate the effect of CSR on loan performance of commercial banks in Kenya. The specific objectives were to determine the effects of philanthropic CSR, environmental CSR, economic CSR and ethical CSR on loan performance in commercial banks in Kenya. The study was grounded on the stakeholder theory and the Signaling theory and adopted the correlation design. The population of the study consisted of middle and senior level employees from thirty branches of ten purposively selected commercial banks in Nairobi City County. A sample of ninety respondents was selected using the purposive sampling techniques. The data was collected using closed-ended questionnaires. The data was analyzed using both the descriptive and inferential statistics with the aid of the SPSS. Descriptive statistics included frequencies, percentages, means and standard deviations, while the inferential statistical measures included the Pearson correlations and (simple) linear regressions. The results were presented in tables, charts and graphs. The results revealed that loan performance in commercial banks in Nairobi City County was influenced by philanthropic CSR, environmental CSR, economic CSR and ethical CSR. The study concluded that commercial banks must focus on supporting charitable programs targeting the less fortunate members of the society in order to improve their loan performance. They must also support sustainable environmental initiatives, engage in fair contracts and carry out ethical business practices in order to enhance their loan performance portfolio. The study recommended that commercial banks should continue to engage in corporate social responsibilities by investing more in philanthropic activities and environmental programs aligned to their goal. They should also engage in economic activities that meet their financial goals and ensure that all their financial activities are carried out in an ethical manner to influence loan performance. However, the study was limited to commercial banks in Kenya and the conclusions drawn may not relate to non-commercial banks
Leveraging learning analytics to optimize virtual learners’ performance
No full textFull - text thesisLearning analytics has gained traction globally over the years with many institutions acknowledging its potential to optimize learning and the environments in which learning occurs. The study is structured around three primary objectives aiming to provide a key focus on optimization of virtual learners’ academic outcome using learning analytics approaches. Firstly, it aims to identify key indicators that reliably predict students' performance within academic settings. Secondly, it seeks to examine and compare the effectiveness of different algorithms in accurately forecasting students' performance outcomes. Lastly, the research endeavours to develop and deploy a performance prediction and early alert tool utilizing R-Shiny. In this study, the performance of Logistic Regression, Naive Bayes, K-Nearest Neighbors and Support Vector Machine in predicting learners’ performance were evaluated. Utilizing 21,216 records from students at the The Open University UK, the results indicated Logistic Regression as the best performing model with a precision rate of 90% and key features encompassed student demographic information and academic history. The findings of this study give invaluable insights to educational institutions on leveraging learning analytic practices for data-driven interventions to optimize and enhance student performance. In conclusion, this study not only provides a tangible solution of students’ performance optimization but also contributes to the growing body of knowledge on learning analytic practices that provide solutions which can be incorporated in the education sector.
Keywords: Learning analytics, machine learning, student performance, R-Shiny
The Effect of strategic planning on financial performance of local Non-Governmental Organizations in Nairobi County, Kenya
No full textFull - text thesis“Non-governmental organizations” (NGOs) play a vital role in advancing social development, driving economic growth, encouraging citizen participation, and enhancing communities. They are crucial in driving the socioeconomic progress of nations with scarce government resources and capabilities. The study sought to evaluate the effect of “strategic planning practices” on the financial performance of local non-governmental organizations (NGOs) in Nairobi County. The aim of this study was to evaluate the impact of stakeholder participation, strategic planning at different time scales, and the level of involvement among leadership and staff on the fiscal performance of non-governmental organizations in Nairobi County. Descriptive research design was used in this study. The study sample was from 561 registered Local Non-Governmental Organizations (NGOs) situated within Nairobi County. Simple random sampling method was used in this study to identify staff (specifically strategic managers) from sampled Local NGOs within Nairobi County. Primary data was gathered by use of questionnaire. SPSS software was used to calculate frequencies, and descriptive and inferential statistics, which were used to draw conclusions. Calculations were performed to describe the variables, such as percentages, means, frequency distributions, and standard deviations. The study findings indicated that external stakeholder engagement, long term, medium- and short-term strategic plans, and level of staff involvement were statistically significant to financial performance of local NGOs in Nairobi, Kenya. Results further revealed that the organizations actively promoted the involvement of all parties in the process of developing plans and were dedicated to effectively implementing organizational strategies by recognizing and resolving the unique needs and challenges of various groups. The study findings also revealed that the organizations focused on promoting the improvement of strategic plans and the vision statement of the organizations were both appealing and achievable. The study concluded that external stakeholder engagement, long term, medium- and short-term strategic plans, and level of staff involvement had an effect on financial performance. The NGO management should use strategic planning as a hinge where an organization swings for success. Strategic planning will ensure performance targets are met, and the NGOs continue to grow. Strategic planning will provide overall direction in implementation of plans and policies designed to achieve objectives and ensure equity in allocation of resources to implement the plans
Fiction, reality or somewhere in between? An Examination of the application of African Customary Law in the customary marriage legal regime in Kenya
No full textFull - text undergraduate research projectFollowing a prolonged period of marginalisation, marriages contracted under customary law are now constitutionally and statutorily recognized in Kenya. Moreover, their equal status to other forms of marriages continues to be emphasized by the Kenyan Judiciary. Despite these positive developments, there still exists a particular problem plaguing the practice of African Customary Law (ACL) within the customary marriage legal regime in Kenya, which forms the subject matter of this dissertation. Upon examination of recent jurisprudence from the Kenyan courts, it appears that courts are subjecting ACL to the methods of legal reasoning inherited from colonisation. These reasoning templates can be considered inconsistent with the nature of customary law, hence begging the question whether the application of ACL by the Kenyan courts is a reality. This study argues that ACL is not applied by the Kenyan Courts within the customary marriage legal regime in Kenya post the promulgation of the 2010 Constitution (post-2010). It finds that ACL has instead been substituted by an inauthentic version of customary law that cannot be properly called ACL. The study proceeds to propose two solutions, which are the application of Traditional Dispute Settlement Mechanisms (TDRMs) in customary marriage disputes and a guiding criterion for the ascertainment of the content of customary law within the formal court system. This study adopts a qualitative methodology, placing key reliance on secondary sources such as books and journal articles. Primary sources such as case law on customary marriages and laws such as the Constitution of Kenya and the Marriage Act (2014) are relied on
The Effects of voluntary tax disclosure programme on improving tax compliance and revenue generation - a case study of Nairobi County
No full textFull - text thesisKenya's Voluntary Tax Disclosure Programme (VTDP) was implemented to address the challenge of undeclared income and assets, offering amnesty and incentives for voluntary disclosure. This study analyzes the effectiveness of VTDP in enhancing tax compliance and its cost-benefit implications since its inception. Specifically, the study aimed to analyze how VTDP has improved tax compliance; to establish the cost of benefit analysis of VTDP by examining how much tax revenue has been collected versus how much has been waived since the implementation of the program; and to relate the VTDP with the tax revenue collected and the revenue trends before, and after the program. Using secondary panel data from 2018 to 2023 sourced from the Kenya Revenue Authority, the study employed difference-in-difference (DID) analysis, mean comparison tests, and fixed effects models to achieve its objectives. The findings indicated a significant positive association between VTDP and tax compliance, with an approximately 11.77% increase in compliance per unit increase in VTDP. Mean comparison tests revealed that collected tax revenues exceeded waived amounts, demonstrating the program's effectiveness in enhancing revenue generation or taxpayer compliance. DID regression analysis showed statistically significant increments in revenue, with a 2% increase in 2021, followed by 2.2% in 2022, and 2.3% in 2023. These results were supported by average treatment effect on the treated (ATET) analysis, affirming VTDP's positive impact on revenue outcomes. The findings of this study provide valuable insights into the effectiveness of Kenya's VTDP in enhancing tax compliance and revenue generation. The significant positive association between VTDP and tax compliance underscores the importance of voluntary disclosure programs in encouraging taxpayers to comply with their tax obligations. Additionally, the cost-benefit analysis revealed that the revenue collected through VTDP exceeded the waived amounts, indicating a positive return on investment for the government. The DID regression analysis further supported these findings, showing statistically significant increments in revenue following the implementation of VTDP. These results have important policy implications for tax authorities in Kenya and other developing countries facing similar challenges of tax evasion and non-compliance. It is recommended that the government expands existing VTDPs and actively promotes them through outreach programs, advertising campaigns, and partnerships with tax professionals and business associations. By doing so, the government can further enhance tax compliance and revenue collection, ultimately contributing to the country's socio-economic development. Additionally, future research could explore the long-term effects of VTDP on taxpayer behavior and the overall tax system in Kenya
Factors contributing to borrower discouragement among Micro, Small and Medium Enterprises in Nairobi County, Kenya
Get PDFFull - text thesisThe banking sector has made tremendous efforts towards providing opportunities for business enterprises to increase financial access which has been a major impediment to their growth and sustainability. Despite these efforts, small business remains financially constrained but at the same time are hesitant in applying for bank credit. This latent demand is viewed as borrower discouragement and potentially affects the ability of micro small and medium enterprises to attain their full potential in Kenya. This research examined the factors contributing to borrower discouragement among micro small and medium enterprises in Nairobi County. The study was guided by three specific objectives to: determine entrepreneur characteristics, firm level characteristics, and business environment influence on borrower discouragement among micro small and medium enterprises. The study was based on general systems theory, resource-based view, institutional theory, and deterrence theory. A positivist research philosophy was adopted under which a descriptive cross sectional research design was implemented. The target population was 12,492 enterprises in Nairobi County. Stratified simple random sampling was used to select 205 respondents. Data was collected through administration of questionnaire. Descriptive and inferential statistical analysis was done. Results of the study depicted that entrepreneur characteristics, firm level characteristics, business environment characteristics had a positive statistically significant effect on borrower discouragement. Policy recommendation is that targeted training programmes be designed for MSMEs, and undertaken regularly focusing on loan application procedures, requirements and proper use of funds. This will close gaps on product knowledge and address borrower apprehension.
Key words: Entrepreneur characteristics, firm level characteristics, business environment characteristics, borrower discouragement