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Evaluation of how universities are seeking relevance through industry-led programmes in Nairobi, Kenya
Get PDFFull - text thesisThe overarching aim of this research was to evaluate how Universities are achieving relevance through industry-led programs (ILPs) in Nairobi, Kenya. The research was centered around Institutional Theory and The Resource-Based Theory (RBV), which underpin ideas on how organizations change and tend to become similar over time as well as the view on organizational resources and capabilities; with a key emphasis of this research being around structures, systems, industry linkages and the changing value propositions. In doing this, the research utilized a mixed-method approach to examine how universities achieve relevance through ILPs. A total of 198 respondents consisting of deans, academic directors, strategy officers, business development managers, and faculty were surveyed in the study, with both primary and secondary data collected. The data analysis comprised thematic analysis, descriptive statistics and inferential statistics. Reliability and validity were achieved through the evaluation of the plausibility of the variables in relation to the existing knowledge of their effect on performance within organizations. The novelty of the study can be viewed in the following ways; seeking to first enhance understanding of the changing value proposition of universities driven by industry programs and hence a framework upon which relevance can be built, and secondly to generate evidence on the variables relating to University-ILPs and their interplay to relevance within Universities. The research is also expected to contribute to the continuing discussion on curriculum development and the pre-existing government-research-teaching triple helix which seems to be broken. Findings suggest that, overall, ILPs contribute to university relevance. industry linkages, systems, structures, and value propositions all have a positive influence on university relevance. However, it is only industry linkages that have a significant impact. This research, therefore, proposes paying special focus on industry linkages for universities that wish to grow their relevance.
Keywords: Relevance, Industry-Led Programs, Universities, Higher Learning Institutions, Resource Based View
Effect of corporate risk disclosures on firm value of listed firms in Kenya
No full textFull - text thesisListed corporations in Kenya encounter internal and external hurdles that jeopardize their competitive edge over the years, resulting in distressed cases, decline in share price, and in severe situations, entire destruction of value, resulting in delisting. The Nairobi Securities Exchange has witnessed significant growth in recent years, but there are questions about the market setting a premium on the deliberate efforts of information asymmetry and corporate governance practices. The general objective of the study is to investigate the effect of corporate risk disclosure on firm value of entities trading at the NSE. The research was supported by the Efficient Market Hypothesis theory, Signaling theory and the Agency theory. The study followed a positivist philosophy focused as it attempts to establish findings from the study variables by empirically demonstrating the influence and effect corporate risk disclosure has on NSE listed entities in Kenya. The study utilized secondary data acquired by content analysis from annual audited reports of 64 NSE listed corporations over 2015-2022. SPSS version 25 and Stata version 18 was used for the balanced panel data analysis in the descriptive statistics, regression analysis, and diagnostic tests employed. The regression results reveal a negative and statistically significant effect of corporate risk disclosure on firm value. This research adds to literature by presenting the findings of an emerging capital market in a developing country and recommends further can adopt further reports like integrated annual reports that will bring out more disclosures and risk statements. Further studies can adopt additional regression models with different type of dataset, have additional control variables and use other measures of firm value like Market to book value to provide a supplementary viewpoint on the relationship between risk disclosure and firm value
Bridging the institutional gap for Juvenile court-annexed mediation in Kenya
No full textFull - text undergraduate research projectCourt-annexed mediation (CAM) is a method of resolving disputes restoratively and it has the potential to propel the juvenile justice system to be in line with the ‘best interests of the child’ principle. Its effects, however, are yet to be realized since the institutions to conduct this process seem to be nonexistent. This study discusses the institutional gap in Kenya and a case study of Kenya and Australia is conducted. The contrast in the institutional framework between the two countries is highlighted. The study used a deductive approach to how restorative access to justice is practised in various legal systems and how such practices can be modified to fit the Kenyan context. This is also complemented by an institutional analysis to show how juvenile mediation programmes work in other legal systems in terms of structural procedure. Reference was made to primary sources in the form of books, articles, and reports, which discuss juvenile court-annexed mediation, as well as access to justice. The study further discusses child-inclusive mediation and how this could play an important role in ensuring both the juvenile and the victim benefit from the mediation process in the juvenile justice sector. It is recommended that child participation in the justice system be supported by way of sensitising communities to uphold ADR practices and allocating resources equitably in the justice sector
The Intersection of digital work and minors' rights in Kenya: ensuring fair compensation
No full textFull - text undergraduate research projectThe occurrence of digital labour in the contemporary modern technology has ushered in a new discourse surrounding children's rights, particularly their entitlement to equitable compensation. Employing a qualitative approach, the study investigates the prevalence and nature of digital child labour, the factors driving its incidence, and the extent to which children should be compensated for their digital work. Drawing a qualitative analysis of digital platforms, the research will attempt to unravel the complexities surrounding children's participation in the digital economy. Key findings suggest that digital child labour is pervasive across various digital platforms, encompassing activities such as content creation, online storytelling, social media marketing, and online gaming. Despite children’s meaningful contributions to the digital economy, there is a notable lack of fair compensation and recognition for their labour. Furthermore, children frequently encounter exploitation, substandard working conditions, and infringements upon their rights in digital labour environments. This study underscores the importance of upholding the rights of children to fair compensation in the digital realm and calls for the implementation of comprehensive legal frameworks and policies to protect children from exploitation and ensure their fair treatment. Recommendations put forth include the implementation of regulatory mechanisms to oversee digital labour practices, fostering awareness about children's rights among other suggestions. This research will attempt to shed light on the urgent need to address digital child labour and advocates for the safeguarding of children's rights to fair compensation and dignified working conditions in the digital age
Balancing due process and workplace safety: an analysis of the appropriate timeframe for precautionary employee suspension in Kenya
No full textFull - text undergraduate research projectThis paper delves into the complexities surrounding precautionary suspensions within employment contracts, an issue posing challenges to both employers and employees in Kenya. With the absence of clear legal provisions and procedural guidelines, injustices have prevailed, leaving employees vulnerable to arbitrary treatment by employers. Issues such as the proper time frame for precautionary suspensions including procedures to be followed such as the right to be heard and remuneration form the purpose of this research.
The aim of the study is to analyse the existing legal framework as regards the administrative suspension of employees in Kenya. Additionally, a comparative analysis will be undertaken using the labour laws of South Africa to determine some of the features that Kenya can borrow from their legislation when it comes to precautionary suspensions. Employing a doctrinal research methodology, the paper draws insights from literature in both domestic and foreign jurisdictions.
The findings of the study seek to bridge the existing knowledge gap concerning precautionary suspensions in Kenyan labor laws, aiming to enhance understanding and contribute to legal refinement in this area. By advocating for the incorporation of principles of substantive and procedural fairness, the research outcomes endeavor to promote equitable treatment within the employment sphere. Moreover, the paper proposes the establishment of subsidiary legislation to provide clearer guidelines on precautionary suspensions in Kenya, ultimately striving for a more just and transparent employment landscape
Assessing the jurisdiction of the AfCFTA dispute settlement mechanism: should private parties have a seat at the table?
No full textFull - text undergraduate research projectThis study interrogates the African Continental Free Trade Area’s dispute settlement mechanism. It is mostly focused on the jurisdiction of this body and assesses whether limiting its jurisdiction to inter-state trade disputes would render the mechanism ineffective. This is because by limiting the jurisdiction of the panels and the Appellate Body to only State Parties, the body risks locking out individuals from seeking remedies at this level, a trend not common within African Regional Economic Blocs. Additionally, it has been recorded that African States rarely litigate against each other in trade-related disputes. They usually opt for alternative means of dispute settlement such as negotiation, mediation and conciliation. This paper argues that this ‘new’ trend may render the AfCFTA dispute settlement body ineffective. If the dispute settlement mechanism is ineffective, the AfCFTA may be unable to achieve the goal of continental economic integration. This is because it ideally, plays a central role in enabling the goals of the AfCFTA. It does so by ensuring that State Parties comply with their obligations. Additionally, the intended role of the panels and the Appellate Body is to interpret and apply the provisions of the Agreement, thus bringing harmony and certainty to the system. A study of the practices of the African Regional Economic Communities, specifically the East African Community and the South African Development Community shows that legal and natural persons play a vital role in ensuring that the dispute settlement body is active and effective. They most often trigger the dispute settlement process by referring matters to the adjudicating body for settlement, thus enabling it to fulfill its role in the community. This has also enabled them to achieve their goals and objectives in Regional Economic Integration. In light of this, this study recommends that the jurisdiction of the African Continental Free Trade Area’s dispute settlement mechanism should include claims raised by legal and natural persons. In doing so, the adjudicating body is guaranteed to effectively play its intended role, thus contributing to Regional Economic Integration
Freedom of expression and the legal framework for hate speech in Kenya: an in-depth analysis of regulation and enforcement
No full textFull - text undergraduate research projectIn this paper, I delve into the landscape of hate speech regulation in Kenya, specifically focusing on the potential collaboration between the National Cohesion and Integration Commission (NCIC) and the Kenya National Commission on Human Rights. By examining the existing legal frameworks, organisational structures, and the impact of joint oversight on combating hate speech, I aim to provide a thorough analysis of empowering the NCIC in this realm. Through exploring the historical context of the NCIC, evaluating its readiness for expanded responsibilities, and gauging public perceptions of collaboration, I seek to shed light on the feasibility and implications of such a partnership. Drawing insights from South Africa, the United Nations Hate Speech Strategic Plan, and advocating for a human rights approach to countering online ethnic hate speech, this paper endeavours to enhance accountability in the criminalization of hate speech in Kenya
Sexist hate speech: a violation of Article 9(1) ICCPR on the right to security of person?
No full textFull - text undergraduate research projectToday, hate speech is one of the most important categories of anti-oppression debates; a great deal of energy has been devoted to identifying, characterizing and in some cases penalising hate speech. However, currently the Covenant on Civil and Political Rights (ICCPR) only responds to race, nationality, and religion. As a result, a clear emphasis on gender identity as a socially salient trait in relation to hate speech is lacking. Despite the seriousness of the emotional and psychological effects of sexist hate speech, some glaring gaps in the hate speech provision, Article 20 of the ICCPR, are observable. Figuring out how to address sexist hate speech within the ICCPR framework is therefore an important project. My aim in this project is twofold: First, I argue that sexist hate speech is violent speech that falls outside the scope of protected speech under Article 19 (2) of the ICCPR. Second, I argue that sexist hate speech, although not provided for under Article 20 of the ICCPR, should be addressed through the provision on the right to security of person in Article 9(1) of the ICCPR. Consequently, I develop the standard for psychological harm and outline the evidentiary requirements that the Human Rights Committee should be guided by when adjudicating claims of psychological harm caused by sexist hate speech
Discretionary citizenship: an assessment of the exercise of the vetting process in Kenya
No full textFull - text undergraduate research projectThe Constitution of Kenya provides for citizenship documentation such as the National Identity Card as an entitlement for a citizen. The documentation is acquired upon registration for persons who acquire citizenship by birth under the framework of the Registration of Persons Act. Under section 8(1) A, the Act provides for the power to institute identification committees to authenticate information provided by the applicant. This dissertation seeks to study whether the power conferred by the section is wide which makes it susceptible to abuse requiring its limitation. This is by examining the section to show whether the powers conferred are wide and analysing the implications of the use of the wide powers and its effect on border communities. The dissertation argues that abuse of the discretion is exercised by administrative officers which raises the need for reform of the vetting process. The reforms proposed are legislative amendments of the section to include procedural safeguards and circumstances for use. This prevents effects experienced by border communities such as statelessness, indefinite delays and corrupt citizenship. The amendments by the legislature are preferred in the study as previous reliance on administrative rule making by the Minister has had no effect in remedying the problems faced by border communities. Through the analysis of primary and secondary materials, the study came to the conclusion that wide discretionary powers are granted by the Section that affects border communities through its abuse. This therefore necessitates reform in line with administrative justice