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Digital legacy: exploring the inheritance of digital assets, bridging the legal gap
No full textFull - text thesisThis study intends to look at a rapidly developing area shaped by technology in the modern digital era. Digital assets have garnered attention due to the intrinsic value it holds yet they cannot be classified as physical assets due to their intangible nature. This disparity raises questions on how to deal with this asset when it comes to its transferability and transmission. The locus classicus case, National Provincial Bank v Ainsworth, established that for a thing to be classified as property, it must be definable, identifiable, and possess a degree of permanence. Applying these principles to digital assets, exemplified in AA v Persons Unknown, affirmed their classification as property. However, challenges arise in the devolution of such assets upon the owner's demise. With digital assets, there comes privacy and terms of conditions. These aspects are key and crucial to the existence of such assets. This means that the assets cannot be classified as traditional assets when it comes to transferability and transmission. An independent specific provision is required to give guidance on how to transmit such assets. This is where the problem lies. In my scope of study, Kenya has no laws regarding digital assets inheritance. My study intends to investigate whether the legislators should come up with new legislation that encompasses the inheritance of digital assets. In the study, I do propose that in addition to the formulation of digital inheritance specific laws, there should be an amendment in the Data Protection Act to provide for a legal provision for access to digital assets to create a balance between privacy and terms of conditions and the right of a beneficiary to inherit the property of their kin
Improving child justice in Kenya: an analysis of the protection of child offenders’ rights
No full textFull - text undergraduate research projectEvery year, many children are involved with the criminal judicial system. A considerable number of these children are subjected to the criminal justice system and suffer physical, psychological, and/or sexual abuse. This is evident even though both domestic and international law establish safeguards to ensure that children who are in conflict with the law have their rights protected during the legal process. The involvement of courts is particularly noteworthy, in the context of safeguarding the legal rights of minors involved in legal disputes. The purpose of this research is to look into the structure of the trial process for children in legal conflict, the role of courts and other child justice system actors in defending those children's rights, and the challenges that occur in doing so. In addition, outstanding methods from other jurisdictions, such as South Africa, will be explored, and insights acquired from best practices in those jurisdictions will be applied to offer future possibilities for preserving child offenders' rights
Safeguarding child content creators: towards enhanced legal protections in Kenya’s digital platform economy
No full textFull - text Undergraduate research projectThe Kenyan digital platform economy as of July 2022, has had 11.8 million active social media users, 4.9% of which are children. Within the percentage, there is the inclusion of children who create content over different platforms including Instagram, TikTok, YouTube and Facebook. The content is either posted on the children’s personal page if they are over the age of 13, or on the pages of parent-run accounts. The content which varies, has the capability, through endorsements, advertisements or affiliate marketing to earn the creators' money. Naturally, for child creators, the money is deposited to the parents' accounts due to the children’s inability to be bank account owners. This inevitably creates the concern of the possibility of children not being able to tangibly benefit from the work that they do on social media. It further raises the question on the labour practices and laws in place to regulate the.
In Kenya, the legislation that exists does not adequately protect children who actively work in the digital platform economy, which in turn potentially exposes the children in question to vulnerabilities due to the lack of protection. This dissertation therefore purposes to examine the need for new or amended child labour laws and compensation guidelines for children providing labour on social media platforms in the Kenyan context.
This dissertation, through comprehensive literature review, a comparative analysis with other jurisdictions and research sought out to first investigate on the legal framework in place within Kenya in regard to child labour and the protection of child rights, identify the gaps in the area and the impact that they have on the children who work in the digital platform economy. The dissertation was able to identify the main gap as the current legal framework’s lies failure to anticipate and effectively contend with the emergence of children as active participants in the digital platform economy. The impact of this on children ranging from physical and mental consequence and the risk of exploitation and abuse. It has further sought to evaluate whether the production of content by children on social media platforms in Kenya meets the legal criteria of work as defined by Kenyan laws and international legal instruments. Through this, it was able to positively confirm that it does. The dissertation further set out to propose legislative reforms in Kenya that would better protect children who work in the digital platform economy including; legislative reforms, collaboration and adequate monitoring and enforcement.
Finally, the dissertation makes the conclusion that the current legal framework is wanting but makes the observation that with proper legislative reforms, it would be able to adequately ensure the protection of children
A Food recommendation system for weaning of children in Kenya using rule-based technique
No full textFull - text thesisChildhood malnourishment is a key worldwide health concern that affects millions of children globally. It can lead to stunting, wasting, and underweight conditions, as well as micronutrient deficiencies. These conditions can have far-reaching consequences, including stunted growth and development, suboptimal academic performance, and compromised overall health.
One major cause of childhood malnutrition is poor feeding practices, particularly during the weaning stage. Parents and caregivers often lack the knowledge and resources they need to provide infants and young children with the balanced diets they require. There is also a large human resources gap in the Kenyan healthcare system, where there aren’t enough nutritionists and dietitians to attend to the population and give professional child feeding advice. A way to solve this knowledge gap has been to develop food recommendation systems that help users in making more informed food choices based on their current health status. Many of these systems are tailored for adult populations such as patients with chronic diseases.
This study developed a food recommendation system that is tailored to the specific needs of a child, considering factors such as age, weight and height. The system sought to utilize rule-based technique to develop a food recommendation system that would serve as a decision support system for parents and caregivers. The rule-based system was built using Experta, and contained in a full-stack web application that was developed using Flask and React. A comprehensive and diverse food database was adapted from the Kenya Food Composition Tables. The system provided tailored nutrition feedback on amount and frequency of feeding, as well as nutritionally balanced food recommendations in the suggested meal plan. This system not only considered calorie needs but also emphasized nutrient diversity to ensure that children are getting the key micronutrients they need. The system is also usable by healthcare workers to fill the nutrition technical skills gap in healthcare facilities.
Keywords: nutrition, weaning, information science, informatics, rule-based technique, decision-support system, recommendation systems
Equal treatment for all workers: an analysis of the termination of employment probation contracts
No full textFull - text undergraduate research projectThe employees on probationary contracts are not protected very well under the Kenyan legal framework because the denies them from the fundamental rights like a fair hearing a fair labor practices which are guaranteed by the Constitution, the Termination of Employment Convention and the Employment Relationship Recommendation which advocate for equality of all employees including those ones under probationary contracts. The existing provisions concerning the dismissal of probationary employees as outlined in the Employment Act of 2007 have raised concerns, as they allow employers to terminate the employment of probationary staff without providing them with essential rights like providing a chance to present their case, claiming that their employment contracts were unfairly terminated and an opportunity to lodge a complaint for unfair dismissal. Moreover, although the probationary period is intended to assess the employee's suitability for long-term employment, the existing legal framework lacks established criteria for evaluating suitability during this period. Instead, the determination is solely at the discretion of the employer, who may set challenging standards for employees to meet during their probationary tenure. As a result, employees on probationary employment contracts are denied essential rights that are provided by the 2010 Constitution and international conventions. Furthermore, the employers are granted more powers to determine the suitability of the probationary employees and they can terminate the contracts of probationary employees without being reprimanded by the law. It is for these reasons that there is a need for change in the current legal framework to promote the equality to employees on employment contracts and probationary employment contracts and reduce the powers the employers have over the employees
Muslim women, less than equal: the constitutional limitation of the right to equality and its manifestation in Kadhi’s’ Courts
No full textFull - text undergraduate research projectArticle 24 of the Constitution provides for the limitation of rights and freedoms under the bill of rights. Clause 4 limits the fundamental right to equality to the ‘extent strictly necessary’ for the application of Muslim law before the Kadhis courts to persons who profess the Muslim religion in matters relating to personal status, marriage, divorce and inheritance. The ‘extent strictly necessary’ is not defined within the Constitution. Therefore, the standard and scope of the application of the limitation is ambiguous. Kenya is a pluralistic state with multiple laws applying to the population which is characterised by a diverse religious and cultural background. Religious freedom is protected in the Kenyan constitution. For Muslims, this means that they are free to apply Islamic law, albeit limited to matters of personal law. The Kadhis courts have been created to advance the application of Islamic law and enhance access to justice to the Muslim demographic of Kenya. The focus of this dissertation is the conflict of laws that presents itself when secular laws demand gender equality while Islamic Law has aspects that place women in subordination to men in personal matters. Exclusionary provisions such as Article 24(4) are an attempt to reconcile two different regimes of law and allow the application of both in spite of the conflict of laws. The dissertation questions the legitimacy of the limitation of equality for Muslims as this removes Muslim women from protection against gender discrimination because of their religion. The dissertation engages in questions of how rights, as created and enforced in the realm of secular International Human Rights Law, engage with contradictions in the theologically centred Islamic law
Interpreting the binary: determining the place of intersex people in the constitutional right to marry
No full textFull - text undergraduate research projectIn the Kenyan Constitution, under Article 45(2), marriage is framed as a right arising only between persons of opposite sexes. The wording of this provision has long been taken to mean that a legal marriage can only occur between a man and a woman. Kenyan law has begun the process of recognising the intersex identity as a third sex, and with this process comes the question of whether or not the phrase “opposite sex” can include intersex people. This study therefore seeks to explore the constitutional interpretation of the binary sex phrasing in Article 45(2) with the aim of determining whether it can be construed in a manner that affords intersex people the right to marry. To achieve this objective, the study analyses sociological and anthropological approaches to marriage as well as its conceptualisation under Kenyan law. The place of the intersex identity is then determined in relation to the findings thereon. The study utilises various methodologies to arrive at is conclusion. Marriage law in Kenya is appraised through historical and doctrinal study of the Constitution and other statutes to pinpoint the origin and intended use of the phrase “opposite sex”. Approaches to the intersex identity are explored through policy analysis of Kenya and other jurisdictions, supplemented by interdisciplinary findings from endocrinology and related medical fields. The study finds that marriage is a dynamic and varied institution, moulded in Kenyan law by the drafters of the Constitution with the aim of upholding Kenyan culture by excluding same-sex couples. Analysis of the intersex identity yields the conclusion that despite their constant conflation, sex and gender are distinct concepts, allowing intersex people the leeway to self-identify within the gender binary. Based on these findings, the study ultimately recommends that the binary phrasing of the right to marry should be seen as referring to gender rather than biological sex, an approach that allows intersex people to marry based on their self-identified gender
Evaluating the effectiveness of the legal and institutional framework in addressing historical land injustices in Kenya: a comparative study with South Africa’s land reform laws
No full textFull - text undergraduate research projectLand has always been an emotive issue in Kenya. Since gaining independence, there has been a consistent call from Kenyan citizens, politicians, leaders, and other key players for the establishment of new land laws. Unfortunately, the reforms in land law have been incremental and have failed to yield beneficial outcomes for the general population, instead, further injustices related to land have been inflicted upon Kenyans post-independence. In 2010, the adoption of a new Constitution in Kenya marked significant progress, leading to comprehensive reforms and the restructuring of the land law system. The Constitution of Kenya offered a beacon of hope on the path to achieving transitional justice. It established the National Land Commission (NLC) which was tasked with investigating and making recommendations concerning current and historical land injustices. However, since its inception, the NLC has made very limited progress in this specific mandate. Consequently, this research project aims to examine the legal and institutional framework that governs restitution of Historical Land Injustices to determine where the hindrances lie. In order to remedy the issues identified, it explores effective strategies for the resolution of historical land injustices in Kenya, drawing lessons from South Africa's post-apartheid restitution efforts. With a focus on comparative analysis, the study seeks to understand how Kenya can leverage international best practices, particularly those of South Africa, to address its own challenges of land dispossession stemming from colonial and post-independence policies. The study employs a qualitative approach and encompasses a detailed examination of both countries' legal and institutional frameworks for land restitution, with an emphasis on the establishment and operations of South Africa's Land Claims Court and the Commission for Restitution of Land Rights, and their potential applicability within the Kenyan context. This study suggests the need for Kenya's National Land Commission to adopt clear procedural guidelines, establish specialized mechanisms dedicated to land restitution, and ensure judicial support for the restitution process. Furthermore, it recognizes the need to adopt a holistic approach that addresses not only legal restitution but also the social, cultural and economic rights of affected communities. These measures are critical for achieving transitional justice, promoting sustainable development, and fostering national reconciliation in Kenya
Balancing the competing interests of property owners and the state: an evaluation of the delicate balance between protecting the indefeasible title of bona fide purchasers while ensuring justice for victims of illegal property acquisition
No full textFull - text undergraduate research projectKenya's land registration system is filled with gaps, loopholes, and historical injustices. Since colonial rule to the present day, our land history has been riddled with fraudulent practices, irregular allocations, and challenges to the principle of the sanctity of title. From several judicial decisions, the interpretation of Article 40 of the Constitution and Section 26 of the Land Registration Act seem to differ depending on the adjudicator. Despite the current legal framework being aimed at protecting bona fide purchasers, it struggles to secure indefeasible titles against fraudulent sellers. Amid government efforts to reclaim illegally acquired public land, innocent purchasers hinder the supposed seamless resolve
Succession in the digital age: analysing the feasibility of electronic wills in Kenya’s succession law system
No full textFull - text undergraduate research projectTechnology continues to reshape many aspects of our lives. The legal field is experiencing a noteworthy transformation due to the rise of electronic wills in estate planning all over the world. The creation of laws to govern technological developments is necessitated by the direct impact that they have on a country's citizens. Kenyan laws have appropriately adapted to different types of electronic documents and welcomed several advancements that technology has brought to the legal field. However, the law is yet to provide for the making of electronic wills in Kenya. The goal of this dissertation is to examine the potential benefits of electronic wills in reshaping Kenya’s law of Succession and its concomitant ease in proving the validity of wills. The study examines already existing literature on electronic wills from other jurisdictions such as Australia to examine their approach to electronic wills and propose a befitting approach for Kenya.
This study adds to the continuing conversation on the digitization of legal processes by discussing the dynamics around electronic wills. The research emphasises the importance of striking a balance between technological innovation and legal safeguards in order to ensure the accessibility and inclusivity of testamentary procedures in this digital era