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Privatization of state parastatals: the need for the promotion and protection of the public interest in the process of privatization
No full textFull - text undergraduate research projectThe research explores the regulatory framework surrounding privatization in Kenya, primarily governed by the Privatization Act, and highlights its significance in economic policymaking. It delves into the imperative of safeguarding public interest throughout the privatization process, examining elements such as transparency, accountability, social welfare, and economic stability. Emphasizing the importance of transparency and public participation, the paper argues for alignment of privatization policies with societal goals. Additionally, it scrutinizes the role of regulatory frameworks in mitigating adverse effects on vulnerable populations and preventing monopolistic practices post-privatization. Through comparative analysis and case studies, the study identifies international best practices and lessons to inform policymakers and stakeholders, aiming to manage challenges and ensure public interest protection during privatization. Ultimately, it advocates for a comprehensive approach prioritizing citizen welfare, sustainable economic development, and principles of justice and equity in privatization endeavours
Incentivizing transparency: considering a limited liability clause as a motivation for reporting cybercrimes in Kenya
No full textFull - text undergraduate research projectCyber-attacks pose significant threats to individuals, businesses and national security, necessitating robust cyber security measures to mitigate risks and safeguard critical infrastructure. While there has been a substantial surge in cyber-crime in Kenya, individuals and companies, especially, are reluctant to implement cyber security measures such as cyber-incident reporting. At the same time, there is insufficiency in the implemented legislation governing cyber security and cyber-crime. Through legal analysis, this research underscores the significance of proactive legislative measures in addressing cyber security concerns. By mitigating the fear of punitive measure and fostering a culture of transparency, a limited liability clause can incentivize organizations to report cyber threats promptly, thereby facilitating proactive responses and improving the country’s cyber security posture
Do not resuscitate orders and their role in aiding suicide
No full textFull - text undergarduate research projectAs humans struggle between personal freedom and societal constraints, the influence of authority casts a shadow. We find ourselves trapped by the very systems we helped create. Even in matters of life and death, the struggle persists as laws seek to govern even the most intimate of choices. The focus of this paper is on end-of-life care, particularly on the contentious issue of Do Not Resuscitate (DNR) orders in Kenya. Grounded in the philosophical principles of Kantian deontology, the research aims to dissect the ethical and legal implications of DNR orders within the framework of aiding suicide as outlined in Section 225 of the Kenyan Penal Code. Adopting a qualitative approach, this research uses a wide array of sources including legal literature, ethical studies, court decisions, and constitutional analyses. Concluding observations suggest that while DNRs are in use in Kenyan health facilities, unclear laws cloud medical professionals' confidence in fulfilling patients' wishes at the end of life. Recommendations include the need for policy re-evaluation and the development of explicit guidelines that reconcile personal autonomy with legal standards. Such action could protect medical practitioners from potential legal repercussions, while still respecting the dignity of patients at life’s end
A Study of mass surveillance of communications through device management systems and the right to privacy
No full textFull - text Undergraduate research projectThe tension between mass surveillance and the right to privacy has become increasingly complex as communication technologies extend to every aspect of daily human life. This research paper investigates the implications of mass surveillance of communications through device management systems and the individual's right to privacy. An interdisciplinary approach incorporating legal, ethical, technological and social dimensions is employed to provide a holistic understanding of the phenomenon. It examines the mechanism by which the device management systems facilitate mass surveillance focusing on their capabilities, limitations and potential abuses. The paper also delves into the legal framework governing mass surveillance practices and their alignment and tensions between national security interests, individual privacy and law enforcement objectives. Ethical considerations surrounding mass surveillance are examined, seeking to uncover the moral dilemmas inherent in communication surveillance practices. The research also delves into the societal impacts of mass surveillance including its effects on social cohesion and the exercise of fundamental rights. It investigates the public perception of surveillance practices and the trade-offs between privacy and of national and government interests. This paper contributes to the scholarly dialogue on mass surveillance and individual privacy by offering insights into the implications of surveillance activities through device management systems. It aims to inform policymakers and the general public about the complexities inherent in mass surveillance practices and the imperative of safeguarding the right to privacy in the digital age
A Framework for sizing solar PV systems adaptable to off grid areas
No full textFull - text thesisSolar PV sizing is the process of determining the quantity and capacity of solar PV system components to meet a given energy demand. This process is needed to ensure that the components are not undersized resulting in insufficient energy or oversized increasing the system cost. There are several solar PV sizing frameworks currently in use in the market such as intuitive, numerical, and analytical frameworks. However, these frameworks have neglected some key adaptability factors unique to off-grid areas such as the ability of the household to pay and the type of roofing structure. This neglect has seen development of solar PV systems that are beyond the budget of most households in off-grid areas and with specifications that technically inhibit their effective use in the setup. Therefore, for enhanced adaptability, there is need to develop a new solar PV sizing framework that considers the unique adaptability factors of off grid areas. This study identified these unique adaptability factors and investigated how they influence the size of a solar PV system. Through the modification of the exiting numerical sizing framework, these adaptability factors were integrated in the sizing process within the context of this study. It was established that by integrating these factors, the resultant PV systems were more adaptable to off-grid areas in terms of cost, mobility, durability and reliability
Addressing gender inequality: a critique of the ground for annulment under Section 73(1)(f) of the Marriage Act 2014 of Kenya
No full textFull - text undergraduate research projectIn Kenya, laws that regulate marriage and divorce stem primarily from the Marriage Act 2014. The Marriage (Matrimonial Proceedings) Rules 2020 serve as subsidiary legislation, documenting procedural requirements. The specific area of concern is the ground of annulment of marriage under Section 73(1) (f) of the Marriage 2014. The gap in this provision becomes apparent as it allows a party to a marriage to annul the marriage if, at the time of the union and without the husband’s knowledge, the wife was pregnant and he is not responsible for the pregnancy. However, it lacks a provision for a scenario where the husband fathers a child with another woman at the time of marriage without his wife’s knowledge. The paper is quick to recognize the need for such provision as section 73(1)(f) of the Marriage Act however, the absence of an equivalent provision for wives presents as discriminatory, violating the constitutional principle of equality and non-discrimination under Article 27of the Constitution of Kenya2010. The flawed structure of Section 73(1) (f) of the Marriage Act perpetuates a system of gender-based discrimination as well as limits the legal recourse for women within the marriage institution. This paper aims to critique the constitutionality of the ground for annulment under Section 73(1) (f) of the Marriage Act and thereafter propose potential reforms to align it with constitutional principles of equality and non- discrimination as well as promote equal treatment for both genders within the legal system in Kenya
Double invisibility: an assessment of the right to vote for persons with intellectual disability in Kenya
No full textFull - text undergraduate research projectVoting is arguably one of the most important rights and responsibilities held by a citizen in a country. The restriction of this fundamental right not only affects an individual’s legal capacity but also undermines their human dignity. Historically, PWIDs have been denied legal capacity on the basis that they are not rationally capable of making decisions. This is due to the nature of their disability, which encompasses significant limitations in intellectual functioning and adaptive behavior. PWIDs support needs make them unique from the general population, and this distinctiveness does not equate to an incapacity in making decisions. The concept of being able to make independent political judgments is perceived as the basis of a democratic society. In this case, a democratic society has a reasonable utilitarian interest in an intelligent electorate. Therefore, if one is unable to act independently, any power they exercise is regarded as democratically illegitimate. Although reasonable, such a perspective neglects the support needs of PWIDs, who, despite their disabilities, deserve an equal right to vote. This paper examines the constitutional provisions on the right to vote in Kenya, where prevalent prejudicial attitudes have facilitated the exclusion of PWIDs right to vote. The imposition of blanket restrictions, such as the term ‘unsound mind,’ without clear assessment criteria for voting purposes, inadvertently restricts PWIDs from their right to vote. This uncertainty in law has led to prejudicial interpretations, perpetuating the misconception that PWIDs are incapable of making informed voting decisions. As this study aims to demonstrate, PWIDs are not of unsound mind, but in absence of good communication and require support to exercise their right to vote. The provision of reasonable accommodation, as proposed in this paper, could help PWIDs actualize their right to vote in Kenya
The Effect of intellectual capital on financial performance of listed firms in Kenya: the moderating role of firm size
Get PDFFull - text thesisThe Nairobi Securities Exchange (NSE) plays a crucial role as a platform for capital raising and investment facilitation within Kenya's dynamic economy. Despite this, many firms listed on the NSE struggle with inadequate financial performance. This research aimed to explore the relationship linking intellectual capital to the financial performance of NSE-listed firms in Kenya, focusing on the prevalent issue of underperformance. Additionally, it investigated how firm size moderates this relationship. The study was based on three theoretical frameworks: The Resource-Based View theory, Social Capital Theory, and Dynamics Capabilities Theory, within a positivist philosophical stance. Both primary and secondary data were analyzed, with primary data being collected using structured questionnaires. The study followed a descriptive and cross-sectional research design, descriptive and inferential statistics were used to analyze the data. Correlation and multiple linear regression, were used to establish variations and associations between the variables. The study established that human capital has a positive relationship with financial performance of NSE listed firms. This was shown by the regression and correlation results which support the results as there existed a positive relation between human capital and ROA. The findings on structural capital and relational capital and financial performance similarly yielded a positive result establishing a positive relationship between structural capital and ROA and a positive relation between relational capital and ROA return on assets. The combined effect of intellectual capital positively affects financial performance measured in ROA