5307 research outputs found
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A Statistical analysis of the log returns of cryptocurrencies
No full textFull - text Undergraduate research projectThere has been an increase in interest and demand for cryptocurrencies and thus understanding their statistical properties is important for it implies their risk. Understanding the risk involved in investing in the cryptocurrencies allows one to evaluate the same risk against their own risk tolerance and thus determine whether it is worthwhile to venture into cryptocurrencies and if so, the optimal weight of the investment in the portfolio. This study seeks to find the statistical distribution from a family of fat tailed distributions that best explains the log returns of cryptocurrencies. lt was conducted in Nairobi between May 2021 and February 2022. The data used was obtained from Yahoo Finance. The results suggested that the Generalized Hyperbolic Distribution gives the best fit for the large cryptocurrencies ranked by market capitalization
Parole in Kenya; a case for a more comprehensive parole framework in Kenya
No full textFull - text Undergraduate research projectIn response to the inherent challenges in fulfilling the rehabilitative aspect of sentencing within our current criminal justice system, particularly contributing to escalating recidivism rates, this research advocates for crucial reforms in the prison setup. Specifically, the study delves into a comprehensive examination and assessment of the legal, policy, and institutional framework governing parole in Kenya. The primary objective is to pinpoint potential deficiencies, inadequacies, and areas requiring improvement within the existing legal framework, in particular the Prisons Act which has mandate when it comes to matters parole. Furthermore, the research seeks to investigate the viability of conducting a comparative analysis between the parole laws of Kenya and South Africa. This comparative lens aims to discern whether leveraging insights from South Africa's legal approach to parole could contribute substantively to the enhancement of Kenya's parole laws. This paper recommends for the establishment of dedicated parole boards. These boards would be specifically tasked with hearing cases related to parole and determining whether individuals meet the criteria for release. The findings are expected to inform policy makers, lawyers, adjudicators, and scholars, contributing to the ongoing discourse on the optimization of parole administration in Kenya.
Key Words: Parole, Recidivism, Framework, Commissioner, Parole Board
Redeeming the textile industry in Kenya; a tighter policy on second-hand clothing
No full textFull -text Undergraduate research projectThis research project methodically examines the dynamics of the second hand clothes market and evaluates the current legislative framework to revitalize Kenya's textile industry. The main goals are to find regulatory gaps, assess how they would affect the textile industry, examine international best practices, and develop well-informed recommendations based on the lessons learned from prosperous countries like China and Rwanda. This investigation's breadth includes a thorough examination of Kenya's textile industry's past, linking its decline to the proliferation of used apparel and the effects of international trade agreements, most notably AGOA. The research broadens its scope to examine the socio-economic and environmental consequences, doing comparative evaluations with other countries such as Rwanda. Laws pertaining to resale are carefully reviewed, and several recommendations are made to rectify regulatory shortcomings that are identified. The methodology used is qualitative and makes use of a lot of secondary research from books, news articles, reports, and internet sources. The study uses a prescriptive technique, which is supported by the formulation of useful suggestions. Simultaneously, content analysis is employed to analyse prevailing viewpoints and concepts related to the market for used clothing. Important discoveries highlight a clear negative association between the rise in used apparel and the downfall of local textile industries throughout Africa. Environmental risks and skewed competitiveness are fostered in part by regulatory inefficiencies and valuation techniques' opacity. The lessons learned from Rwanda's and other successful policy implementations highlight the potential benefits of strict rules in building a resilient textile industry. The suggestions made include strengthening and enforcing laws pertaining to the importation of used clothing, copying effective policy initiatives, instituting strict quality control procedures, encouraging domestic textile manufacturing, and harmonizing legislative frameworks with global waste disposal guidelines. Although the study strives to be as comprehensive as possible, review of existing regulatory frameworks in the textile and used apparel industries could lead to even more improvement. Furthermore, a comparison analysis incorporating other African countries facing similar difficulties would enhance the study's scope and relevance. In summary, this research project aims to provide practical legal and regulatory interventions that are informed by international best practices for managing the second-hand clothing market, so making a significant contribution to the revitalization of Kenya's textile industry
Analysis of the demand for a certificate of good conduct by employers in Kenya and its effects on the right to privacy of ex-offenders
No full textFull - text Undergraduate research projectA certificate of good conduct is a document extracted from the judicial records of a particular country which documents convictions made against the applicant to confirm good conduct. This study sought to evaluate whether the demand for a certificate of good conduct by employers in Kenya impedes the right to privacy of ex-offenders. There is need to balance the legitimate concerns of employers with the fundamental rights of ex-offenders, particularly the right to privacy. The requirement for a police clearance certificate, while ostensibly aimed at safeguarding business interests and public safety, prompts critical questions regarding the proportionality and necessity of such intrusive measures. Moreover, it raises issues of fairness and social justice, as ex-offenders, having served their sentences, face continued barriers to reintegration into society. To provide empirical data regarding the employment history of ex-offenders in Kenya, this paper critically evaluated the existing legal framework and international standards to provide valuable insights that inform potential policy reforms and contribute to the creation of a more equitable and inclusive employment process in Kenya. The qualitative research was conducted through desktop research of both primary and secondary sources. Following this, the study explored existing legal provisions surrounding employment, which are pertinent to the utilization of certificates of good conduct by employers. Privacy rights also emerged as a central theme, with an emphasis on how the demand for certificates of good conduct intersects with the privacy concerns of ex-offenders. This paper argued that the operative phrase of Article 31 (c) is the necessity of the information being sought by an employer. While there cannot be a blanket mechanism to deal with what qualifies as necessary information to an employer, specific jobs should inherently provide what amounts to necessary information. The various reasons why traditional employment avenues often fail to accommodate individuals with a criminal history, touching upon employer biases, and systemic barriers that contribute to their marginalized status in the job market were also explored. It was established that stigma significantly diminishes the prospects of ex-offenders securing employment due to employers’ reluctance to hire them, even if they possess the necessary qualifications. The study concluded by providing recommendations related to re-evaluation of hiring criteria, education and awareness programs, ban the box legislation, alternative screening methods, incentives for employers, enhanced rehabilitation programs, and data protection measures
Compulsory licensing for pharmaceutical access in East Africa: the challenge of Kenya’s failure to adopt article 31bis of the TRIPS Agreement
No full textFull - text Undergraduate research projectSub-Saharan Africa, including East Africa, grapples with profound public health challenges exacerbated by limited access to pharmaceuticals. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, enacted in 1995, introduced patent rights for pharmaceutical products, restricting generic production. Article 31 of the TRIPS Agreement permits compulsory licensing to facilitate cheaper generic versions and its amendment, Article 31bis, enables countries in a regional trade area to combine their markets and thus incentivise manufacturers to supply them with the needed medicines. However, the implementation of the Article 31bis system, intended to enhance access, remains underutilized with many smaller economies lacking legislation adopting the amendment into law. Kenya's stringent patent regime, compounded by its lack of legislation implementing Article 31bis, stifles regional cooperation within the East African Community (EAC). Kenya, boasting the largest pharmaceutical market and sector in the EAC, is therefore prevented from leverage the Article 31bis system, impeding regional efforts to increase economies of scale and alleviate pharmaceutical accessibility issues. Urgent action is needed to adopt implementing legislation and unlock the potential benefits of compulsory licensing, facilitating broader regional collaboration and addressing medication access challenges in the EAC
Cybercrimes in the Kenyan banking industry: a review of the legal framework on digital evidence admissibility
No full textFull - text undergraduate research projectThe research reviews the Kenyan legal framework on cybercrimes with a specific focus on the admissibility of digital evidence in court when such crimes occur in the banking industry. It then proceeds to tackle the research problem by addressing the following research objectives: First, it identifies the legal framework on cybercrimes, cybersecurity and digital evidence admissibility. It then proceeds to investigate challenges and gaps presented by the legal framework when investigating and prosecuting cybercrimes in the banking industry; finally, through a comparative study of South Africa, Malaysia and India, valuable insights are identified which Kenya can adapt to her context to alleviate the research problem. Through desktop research, the findings of this study reveal that the ubiquitous nature of the cyberspace poses great challenges in the terrestrial world when investigating and prosecuting cybercrime cases in the banking industry. It therefore proposes recommendations on the urgent need to reconsider and redraft the legal framework on digital evidence admissibility and cybercrimes to provide legal certainty. Lastly, this study is instrumental to scholars, researchers, policymakers and the Kenyan Government in reference to the research topic
Enhancing compliance: a proposal of EARB as the supervisory body that regulates real estate agents against money laundering
No full textFull - text undergraduate research projectMoney laundering, the process of disguising illicit proceeds as legitimate assets, remains a global challenge. This study delves into the susceptibility of Kenya's real estate sector to money laundering, despite existing regulatory frameworks. The primary objectives include assessing the degree and nature of financial crime in Kenya, scrutinizing the estate industry's role in facilitating such activities, evaluating government regulatory efforts, and proposing strategies to bolster anti- money laundering practices. In pursuit of these objectives, a doctrinal approach employing desktop research is adopted, examining legal texts and documents related to money laundering policies in the real estate industry. A documentary analysis is also employed to trace the evolution of money laundering and highlight regulatory efforts and existing gaps. Additionally, policy and institutional analyses are applied to comprehend the execution of regulations and the roles played by regulatory bodies. This research identifies critical weaknesses in Kenya's regulatory framework, including regulatory gaps between key laws, unclear compliance expectations for real estate agents, and a lack of anti-money laundering guidelines for the regulatory body. To address these issues, the study proposes key recommendations: amending legislation to address loopholes, empowering the regulatory body to enforce anti-money laundering measures, and actively collaborating with international partners such as the FATF. Implementing these measures will fortify Kenya's financial defences, safeguarding its real estate sector from further becoming a haven for laundered money
How did we get here? Unpacking the conflict in the application of Section 6(6) the Community Land Act and Section 4(b) of the Wildlife Conservation and Management Act vis a vis the establishment of conservancies in the ASAls
No full textFull - text undergraduate research projectCommunity land is recognised under Article 63 of the Constitution of Kenya. In giving meaning to Article 63, the Community Land Act was enacted to govern matters of community land. The act outlines the role of the county government in dealing with unregistered community land under Section 6. The role of the county government includes ensuring that in dealing with transactions of unregistered land due law must be followed from the act and other laws. On the other hand, conservancies have been on the rise in the Arid and Semi-Arid Lands, and the Wildlife Conservation and Management Act provides for principles meant to guide conservation practices such as in section 4(b) on the need of public participation. The county government in exercising their role under Section 6 of the Community Land Act have failed to use this guiding principle under Section 4(b) of the Wildlife Conservation and Management Act on including communities in the establishment of conservancies heightening tensions over land use and occupancy. Therefore, in employing a desk-based research methodology and relying on sources such as journals, and case law this paper studies the possibility of including communities in management of their resources through the implementation of the Community Based Natural Resource Management