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A Study on the efficacy of anti-counterfeit laws in curbing online counterfeiting in Kenya: is this the panacea?
No full textFull - text undergraduate research projectThe growth of the internet and e-commerce since the turn of the millennium has led to widespread benefits to economies world-wide. However, this growth has also coincided with the emergence of new crime types such as online counterfeiting. This study therefore takes a deep dive into the efficacy of anti-counterfeiting laws in Kenya and suggesting possible solutions to curb this illicit trade. The study shall primarily focus on online counterfeiting and the laws addressing this specific crime in Kenya. The research methodology involves an in-depth analysis of various sources, including the World Health Organization’s estimates on counterfeit medicines, the International Peace Institute’s estimates on counterfeit trading in Kenya, and a study conducted by the Anti-Counterfeit Authority on online counterfeiting levels in Kenya. Major findings reveal that online counterfeit goods account for a significant portion of all goods sold online which has led to Kenya losing significant tax revenue, compromised consumer safety and the exploitation of intellectual property rights. The study concludes that the growth of e-commerce has exacerbated the counterfeiting problem, with counterfeiters exploiting social media platforms and online markets. Law enforcement faces significant challenges, including anonymity issues, jurisdictional challenges, inadequate training, and low reporting of these cybercrimes. To curb this problem, I recommend the revamp of existing laws to include provisions to cater to online counterfeiting which is currently absent in the Anti-Counterfeiting Act. Moreover, my study proposes the use of Blockchain technology and the adoption of new strategies such as Situational Crime Prevention by the Anti-Counterfeit Authority to effectively curb this problem
Modelling a sustainable electromobility infrastructure
No full textFull - text thesisThe global transportation sector is undergoing a significant transformation as societies increasingly seek sustainable alternatives to conventional fossil fuelled. Electricity as an alternative for fossil fuels to power mobility in the wake of green transition has gained prominence. Energy inaccessibility due to inadequate availability of a robust infrastructure with reliable and efficient energy provision has become a drawback towards the transition from petroleum powered to electrified mobility. This study aimed to create a model that will foster the uptake of electromobility by formulating a model equation to determine the infrastructural requirements of establishing a sustainable e-mobility charging infrastructure. The study adopts desktop, descriptive and experimental research designs in sourcing for data and simulation of the model. To this end, Westlands region of Nairobi County was selected as an area with a blend of residential and most sought-after office space with capability for modern e-mobility infrastructure. Results depicted that the current EV infrastructural capacity (charging stations, charging station capacity and area coverage) is not sustainable (SI=2.316 (>0.29)) for the given population, energy demand, and coverage area. This is also the case in the short term (5 years) (SI=4.030 (>0.29)), medium term (10 years) (4.828 (>0.29)) as well as long term (15 years) (5.339 (>0.29)). The findings highlight the inadequacy and inflexibility of the current infrastructure to meet the evolving demands of a growing population, increasing energy demand, casting doubt on the viability of Kenya's e-mobility ecosystem in fostering sustainable transportation solutions. To ensure the continued sustainability of the e-mobility infrastructure, policymakers, government agencies, private sector stakeholders and urban planners should prioritize integrated planning and investment strategies in developing a cohesive framework to address current and future demands of e-mobility ecosystem.
Key Words: Energy Access, Electromobility, Energy Transition, Sustainabilit
Ensuring equal parental responsibility: a study on the retrospective application of Section 32 of the Children Act 2022 in Kenya in line with the child’s best interests standard
No full textFull - text undergraduate research projectThe enactment of the Children Act No. 29 of 2022 marked a significant legal shift, replacing the outdated Children Act of 2001. The primary objective of the new Act is to align with Article 53 of the Constitution, which provides for the paramount consideration of a child's best interests in all matters concerning children. In line with the best interests of the child, the Children Act 2022 introduces the concept of equal parental responsibility regardless of whether children were born in wedlock or not. This amended the provisions of the Children Act 2001 where fathers had to undergo specific legal processes to acquire parental rights. The primary concern explored in this research is the potential retrospective application of Section 32 of the Children Act 2022 to past cases involving fathers who, under the 2001 Act, were considered 'unqualified fathers.' Unqualified fathers in this context means fathers who were not granted parental responsibility in the first instance under the 2001 Children Act. The research engages the doctrine of necessary implication, a rule of statutory construction, to analyse whether the Act can be interpreted as having retrospective effects. While the Act lacks an express provision on retrospective application, the study contends that the doctrine of necessary implication suggests a retroactive intent by the legislators. The research primarily bases its arguments on the child’s best interest standard. The paper argues that this retrospective application will contribute to the well-being of children by ensuring equal parental responsibility in the first instance. The overarching goal is to align Section 32 of the Children Act with the constitutional mandate under Article 53 to safeguard the best interests of the child. By scrutinizing the Children Act 2022 and advocating for its retrospective interpretation, the study aims to provide valuable insights and recommendations for the legal community, policymakers, and stakeholders involved in child welfare and family law
African customary marriage in Kenya: a case for notification and consent regarding subsequent marriages
No full textFull - text Undergraduate research projectThe Marriage Act, 2014 is the regime of law that primarily regulates the regime of marriage in Kenya. This Act provides for Customary polygamous marriages, from their inception to their dissolution. The Marriage Act, 2014, however, is quiet on the matter of notification and consent of subsequent marriages in Customary polygamous marriages. This study purposes to examine whether the lack of a provision requiring the mandatory notification and consent of a current wife or wives of subsequent marriages in Customary marriages violates Article 45(3) of the Constitution of Kenya and Section 3(2) of the Marriage Act. The study plans to achieve this purpose by pursuing set objectives. The study will examine the legal framework governing Customary polygamous marriages in Kenya, the application and interpretation of these provisions, as well as the realisation of equality in Customary polygamous marriages. The study also seeks to analyse the effect of the absence of a notification and consent clause regarding subsequent marriages in the Marriage Act, 2014, on the equality of parties in Customary polygamous marriages. This author will undertake a desk-based approach to conduct this research. Primary and secondary sources will be used in this paper, including various pieces of legislation and journal articles, among others. This paper’s hypothesis is that the absence of a provision requiring the mandatory notification and consent of a current wife or wives of subsequent marriages, does indeed violate the equality of parties in Customary marriages. This work then intends to recommend that an amendment is made to the Marriage Act, 2014, to incorporate a provision requiring the mandatory notification and consent of a current wife or wives of subsequent marriages in Customary marriages. In order to realise the equality aims of Article 45(3) of the Constitution of Kenya and Section 3(2) of the Marriage Act, and further achieve substantive equality and equity in Customary polygamous unions
Breaking the chains of tradition: an argument for the introduction of a dispensing power in Kenya’s Law of Succession
No full textFull - text undergraduate research projectThis research project aims to critically examine Kenya’s succession system, with a specific focus on the formalities within its legal framework. The study explores these formalities in the contemporary context and seeks to understand the historical evolution, emphasising the need for amendments to the Law of Succession Act. The Law of Succession governs the intricate process of property devolution after ones demise. Focused on the mechanisms outlined in the Law of Succession Act, this paper delves into the complexities of testate and intestate succession. It goes ahead to argue that the current legislation and its interpretation which prioritises formalities over substance, frustrates the deceased’s intention, creating injustice. Exploring Kenyan precedent on the same, the paper highlights cases where well intentioned wills are deemed invalid due to procedural missteps, frustrating the testator’s intention and well as the beneficiaries of the same. Courts, mandated to interpret rather than remake wills, face challenges in ensuring fairness amidst rigid adherence to formalities. Drawing from Kenyan and international case law, this paper underscores instances where the insistence on formalities undermines the very purpose of succession law: ensuring rightful distribution of property according to the deceased’s desires. This paper examines the tension between strict adherence to formal will requirements and respecting the testator’s true testamentary intentions in Kenya’s law of succession. As a solution, the paper proposes introducing a "dispensing power" in Kenyan courts. This power would allow judges to disregard minor, harmless errors in will formalities while upholding the testator's true testamentary intentions. The study concludes with a proposed framework for incorporating dispensing authority within Kenya's Law of Succession Act. This framework calls for defined criteria, anti-misuse measures, an equitable approach, strong authentication, virtual witnessing norms, and specified technical requirements. The goal is to provide a nuanced method that adheres to testamentary formality while allowing those suffering compliance issues
A Model for predicting greenhouse gas emissions from motorcycles in Kenya
No full textFull - text thesisIn Kenya, inefficient public transport systems coupled with rough terrains have made motorcycles the most preferred means of transport. The transport sector is a leading emitter of greenhouse gases, the main driver of global climate change. This is due to the reliance on fossil fuels which require Internal Combustion Engines to operate. The threat posed by climate change and variability has fueled the ongoing energy transition from fossil fuels to green technologies through Emobility. Motorcycles have been described as low-hanging fruit in the E-mobility transition from fuel-based engines to electric-powered motors. However, this transition has shown little progress due to fewer and inadequate models to inform E-mobility policy and investment decisions. This study sought to develop a model for calculating GHG emissions from conventional and electric motorcycles under different scenarios. The scenarios were based on traffic conditions and engine efficiency. The study also aimed to analyze existing ICE and electric two-wheeler technologies in Kenya. A descriptive and experimental research design was adopted for the study. Primary data was collected using a structured questionnaire embedded in the Kobo Toolbox and was administered to motorcycle operators in Nairobi and Machakos counties. Secondary data was also collected from the NTSA database. The R-programming tool was used for data analysis and simulation of GHG emissions under different scenarios. The model was validated using experimental results to increase confidence in the findings. The study results provided comprehensive insights into the determinants of greenhouse gas emissions from both conventional Internal Combustion Engine (ICE) and electric motorcycles. Through an analysis of rider demographics, and electric and conventional motorcycle characteristics, the study revealed the multifaceted factors that contributed to the environmental impact of motorcycles. The specifics of electric motorcycle technologies, including battery characteristics, charging habits, and daily travel distances, were explored, offering valuable insights into the state of electric mobility in the country. Additionally, the study developed and applied a General Additive Model (GAM) for predicting motorcycle emissions, yielding high predictive accuracy and significant predictors. The model underscored the influence of fuel type and temporal trends on emissions, emphasizing the importance of considering both technological and temporal factors in policy formulation. Projection of emissions to 2045 revealed an alarming exponential increase, necessitating urgent intervention.
Keywords: Predictive model, GHG emissions, electric two-wheeler
Relative influence of factors affecting physician prescribing decisions in Nairobi County
No full textFull - text thesisOver the past few decades, the overall healthcare expenditure and particularly towards medication has increased quickly in many countries. The consequence of this is reduced access to treatment especially for non-communicable diseases. To address the rising expenditure on medication, lower priced high quality generic medication have been considered. However, their use remains below expectation with previous literature attributing this to physician prescribing patterns. The current study used empirical methods to determine the comparative effect of these factors on generic prescribing of antihypertensives among physicians practicing in Nairobi County. The study applied the theory of planned behavior. It identified intention as a major factor in prediction of behavior occurring from subjective norms, attitudes, and perceived behavioral control. The correlational study design was applied to measure the relationship between the independent and dependent variables, with nonprobability sampling being used to recruit physicians. The population targeted were all physicians working in Kenya. Primary data was gathered using web-based questionnaires. The data that was collected and analyzed using quantitative methods, descriptive statistics, inferential statistics and SPSS. The factors affecting physician prescribing habits were assessed using spearman ranked correlation and logistic regression analysis. In addition, different percentages for each factor were compared using the Chi square test. The study findings established that physician, product, pharmaceutical, environmental and payer factors positively influenced prescribing behavior. The study also concluded that there was no relationship between patient factors and physician prescribing behavior of anti-hypertensive medication in Nairobi County. The main recommendation was to consider all factors as they affect prescribing behavior of anti-hypertensive drugs. Finally, the study recommended that physician knowledge enhances their experience, therefore hospitals should invest in providing opportunities for empowerment. The study had some limitations in that it was only done in Nairobi County and did not involve other Counties in Kenya. Moreover, only physicians were targeted mainly consultants, medical officers and interns and did not involve other non-physicians that provide clinical care especially in the primary healthcare setting
When impartiality meets expediency: the dilemma of the doctrine of necessity and judicial recusal in delaying trials
No full textFull - text undergraduate research projectThis study aims to elucidate that the conflict between the doctrine of necessity and the judicial recusal precludes a fair trial due to the violation of Article 50(2)(e) of the Constitution of Kenya which mandates that every accused person should have their trial begin and conclude without unreasonable delay. Amidst the conflict, the right is consistently violated due to the lack of precise definition and a standardised rule for case durations. The conflict between the doctrine of necessity and judicial recusal is pervasive across all levels of courts in the Kenyan judicial system, leading to protracted trial delays. Disqualification proceedings against judges are common, shifting the trial's focus and resulting in prolonged legal processes. The issue is particularly pronounced in the Supreme Court, the ultimate appellate body, where due to its limited size membership the conflict is magnified. Hence, the doctrine of necessity is often invoked to justify quorum deficit, leaving the parties with no avenue for appeal in the final appellate court. This not only erodes public trust in the judiciary but also raises concerns about the assurance of impartial judges. The study adopts desk-based research. The findings of the study indicate the need for reforms within the Kenyan legal system and Constitution to resolve the conflict and guarantee fair trials. The study concludes that pivotal changes should include expanding the Supreme Court bench beyond the mandated seven judges, as per Article 163 of the Constitution to counter quorum deficit arguments by biased judges. The study also proposes a statutory definition of the term ‘unreasonable delay’ to prevent discretionary determinations by judges. Emphasising alternative dispute resolution facilitates the timely conclusion of fair trials. Lastly, it suggests the establishment of a panel of judicial impartiality and emergency board consisting of almost retired judges
A Critique of the legal framework on whistleblower protection for employees in Kenya
No full textFull - text undergraduate research projectThis dissertation is a critique of the Legal Framework on whistleblower protection in Kenya. This study is out to find out the effectiveness of the Bribery Act and section 65 of the Anti- Corruption and Economic Act in so far as it protects employee whistleblowers. Additionally, this study is also out to assess the strengths and weaknesses of the Whistleblower Protection Bill of 2023. Lastly, the study compares the UK laws on whistleblowing to that of Kenya and seeks to find out the lessons that could be learnt from the UK laws on whistleblowing. In conducting the study, primary and secondary sources of data collection are used in answering the questions. After analysing the Bribery Act and section 65 of the Anti-Corruption and Economic Crimes Act it is discovered that the laws indeed are sector specific and do not sufficiently protect employee whistleblowers. The Whistleblower Protection Bill would remedy the situation since if enacted there would be a law specifically on whistleblowing and that specifically provides for protection of employees, but the Bill is still yet to be enacted. There are also lessons to be drawn from the UK since their Employment Rights Act protects employee whistleblowers aside from having the Public Interest Disclosure Act which protects whistleblowers. The study proposes that legislators should pass the Whistleblower Bill into law to protect employees
