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Balancing participation and consent: evaluating the rights of indigenous communities in Kenya regarding development projects by extractive industries on community lands
No full textFull - text undergraduate research projectThe Kenyan constitution recognizes indigenous communities as integral parts of marginalized groups, granting them entitlement to participation in governance issues and affirmative action. This study examines the current legal framework concerning the participation, consultation, and consent of indigenous communities. It reveals a deficiency in legislation and procedural support for indigenous community involvement, compounded by significant state interference during implementation. Employing qualitative methods, the research explores optimal practices for involving and consulting indigenous communities in Kenya. It concludes that prioritizing a process guided by the principle of free prior and informed consent effectively safeguards the rights of indigenous communities, aligning with international instruments and Kenya's constitutional mandate to protect marginalized groups. The study identifies key principles inherent in the free prior and informed consent approach, which can inform and enhance Kenyan legal frameworks and jurisprudence, as demonstrated within the study's findings
Section 3 of the Refugee Act: non-recognition of gender as a claim for refugee status in Kenya
No full textFull - text undergraduate research projectGender-based violence (GBV) remains a pervasive societal issue, influenced by various factors including patriarchal structures, gender disparities, cultural norms, and lack of awareness. Despite its severity as a human rights violation, the 1951 Refugee Convention does not explicitly address GBV as a protected ground. However, the UNHCR's guidelines recognize GBV as a distinct form of persecution, calling for gender-sensitive approaches to refugee status determination. This dissertation examines the impact of the exclusion of gender as a basis for seeking asylum under Kenya's Refugees Act 2021 on GBV survivors' rights and protection. Through a feminist theoretical framework, the study investigates the interconnectedness of GBV, refugee law, and gender dynamics, highlighting the need for a gender-sensitive approach in refugee status determination. It also analyzes international and domestic legal frameworks, exploring the gaps in recognizing GBV as a valid claim for refugee status. Utilizing literature reviews and legal analysis, the study aims to shed light on the challenges faced by GBV survivors seeking asylum and advocate for the explicit inclusion of gender in Kenya's Refugee Act. The research objectives focus on examining the relationship between refugee law and GBV, investigating the human rights implications of excluding gender as a basis for asylum, analyzing the impact of this exclusion on systemic disparities, and assessing the effects on Refugee Status Determination processes. By proposing the inclusion of gender-based violence as a valid basis for seeking refugee status in Kenya, this study seeks to rectify systemic injustices faced by GBV survivors and contribute to a more inclusive and protective refugee law framework
The poisoned fruit of pretrial detention: an analysis of the realization of the right to bail of accussed persons by Kenyan courts through the interpretation of bail conditions
No full textFull - text undergraduate research projectEvery accused person’s anthem is Article 49(1)(h) of the Constitution of Kenya 2010. It states that an accused person is entitled to bail pending trial. This fundamental right is acknowledged under Section 123(2) of the Criminal Procedure Code that states that bail amounts should not be excessive and ought to be fixed regarding the circumstances of the case. In interpreting the constitutional provision on bail, Kenyan courts have manifested a disparity in what ought to be a reasonable bail amount. Although not expressly mentioned, it is possible to invoke a remedy to pretrial detention. Kenya adopts pretrial detention that criminalizes poverty by endorsing pretrial detention for indigent indicted persons who lack the capacity to raise the bail amounts determined by Kenyan courts. This study was sparked while drafting a petition on a recent case of Issac Opiyo Onyango v Republic where the accused being a man of modest means was unable to raise the set bail amounts of a sum of Ksh. 300,000/= and was hence sentenced to languish in pre-trial detention. Consequently, this study examines the current interpretation of Section 123(2) of the Criminal Procedure Code by the Kenyan courts and whether it interferes with their duty to protect the realization of the right to liberty of accused persons vis-à-vis the presumption of innocence. This is achieved through exploring the origin and rationale behind bail and the criteria currently used by Kenyan courts in the dispensation of justice in the determination of bail terms. The study concludes by giving recommendations to the judges in Kenyan courts by presenting an inclusive and equitable viewpoint through identifying a socioeconomic measure which Kenyan courts ought to implement when determining bail amounts. An additional recommendation is the amendment of the Section 123 (2) of the CPC through the inclusion of the consideration of the socio-economic status of the accused when determining bail amounts
Effect of social media influencer attributes on consumer behaviour: a case study of cosmetic multinational firms in Nairobi County
No full textFull - text thesisThe changing environment of influencer marketing presents both opportunities and difficulties for multinational cosmetic companies in Nairobi, Kenya. A deep awareness of the qualities that lead to fruitful collaborations is necessary for the identification and engagement of suitable social media influencers. However, there is little research on the specific attributes of social media influencers and their effect on consumer behavior. This study sought to fill this gap by reviewing how various social media influencer attributes; perceived expertise, perceived trustworthiness and perceived loyalty have influenced consumer behaviour in cosmetic multinational firms in Nairobi County. The study was anchored on social influence theory and source credibility theory. The study was based on descriptive research design and positivism research philosophy. The unit of observation was 75 multinational cosmetic companies operating in Nairobi, Kenya. The unit of analysis was comprised of 5 consumers from each of the 75 selected multinational cosmetic companies, resulting in a total of 375 individual consumers. Therefore, a sample size of 375 was selected through systematic sampling. The study relied on primary data collected using questionnaires. Data was analyzed using descriptive and inferential statistics. Findings are presented in figures and tables. Results of the study depicted that there was a positive statistically significant effect of perceived expertise of social media influencers on consumer behaviour. Secondly, the study depicted that there was a positive statistically significant effect of perceived trustworthiness of social media influencers on consumer behaviour. Thirdly, there was a positive statistically significant effect of perceived loyalty of social media influencers on consumer behaviour. From the findings it can be concluded that social media influencers should enhance their expertise on the products that they serve as ambassadors to leverage their influential role on consumer preference and choices. Cosmetic products distributors in Kenya should evaluate their social media influencer collaborations and strictly engage those who demonstrate authenticity, reliability and capacity not only to connect but also influence consumer decision making. Consumers tend to develop affinity towards products whose social media influencers depicts loyalty on cosmetics they endorse that would nurture a culture of loyalty linked customer engagement. It was recommended that there is a need for development of training programs for employees and social media influencers, transparent dissemination of product information and development of social media influencer selection criteria
The Impact of post-retirement careers and executive appointments on judicial independence of current judges in Kenya
No full textFull - text undergraduate research projectJudges constantly face actions from the Executive that undermine their judicial independence. In the recent years Kenya and the rest of the world have placed measures meant to prevent the Executive from controlling the Judiciary. Such measures include inclusion judicial independence in constitutions and international conventions, secure tenure and creation of institutions that regulate the nomination and confirmation process of Judges. These measures have succeeded in protecting the independence of the Judiciary. The means used by the Executive in attempted to control the Judiciary have however evolved requiring that the protection given to the Judiciary be strengthened as well. This paper focuses on the influence of Executive employment decisions, particularly the appointment of retired judges, on current judges within the Judiciary, as one of the methods employed by the Executive to gain control of the Judiciary. To achieve this, this paper discusses the judge as person as the conceptual underpinning of the study. The paper discusses judicial independence to understand its meaning, its application in Kenya and both recent and past attempts and response by the Judiciary to undermine judicial independence. It also discusses the effect the appointment of retired judges has on decision making of judges within the Judiciary. Lastly it recommends adoption of laws aimed at controlling the employment opportunities of judges. The recommendations are drawn from nations with laws that control the employment options of judges while balancing the right to employment held by retired judges
Investigating the potential impact of AV in Kenya, focusing on its implications for liability attribution
No full textFull - text undergraduate research projectThis dissertation investigates the legal landscape surrounding Autonomous Artificial Agents (AAAs), with a specific focus on autonomous vehicles (AVs) in Kenya. It explores the intricate challenges and opportunities associated with regulating AAAs, including liability attribution, safety standards, ethical considerations, and international cooperation. Drawing from international examples such as Germany and the United Kingdom, and considering Kenya's unique context, the study provides insights into effective regulatory frameworks for navigating the complexities of AI technology integration. Key recommendations include the development of AI-specific legal frameworks tailored to local contexts, prioritizing ethical considerations, fostering international cooperation, enhancing stakeholder engagement, and promoting safety and innovation. By adopting a comprehensive and adaptive approach to regulation, policymakers can navigate the legal implications of AAAs effectively while fostering innovation and safeguarding societal interests in the digital age
Modeling and optimization of renewable energy accessibility in underserved regions: a case of Mashuru area
No full textFull - text thesisUnderserved regions have problems of inadequate access to energy. These regions are characterized by inadequate or no grid infrastructure, making it difficult to establish centralized energy systems. To address these challenges, various solutions have been undertaken such as the development of decentralized energy systems. Modeling tools are used to simulate energy systems. They, however, do not prioritize decentralized solutions. So far, less focus has been put on the evaluation of decentralized renewable energy modeling tools for promotion of access to energy in underserved regions. There is a demand for modeling tools to aid in the design of these solutions. The objective of this study is to develop, test and validate a renewable energy model that will optimize accessibility in underserved regions. To achieve the objectives of research, this work focused on Mashuru area in Kajiado County. This area has inadequate grid infrastructure and is characterized by a population with low income and poor purchasing power. This research project targeted small-scale farmers, who use diesel pumps to provide energy for irrigation. The study proposes an optimization model for renewable energy systems consisting of photovoltaics, batteries, supercapacitors, and a diesel generator which act as back up, to provide energy for powering pumping systems. Four technologies were considered; solar PV with battery backup, solar PV with super capacitor backup, standalone solar PV system and solar PV system with a generator set backup. It is based on the selection of an optimal PV system, battery, supercapacitor, and generator capacity while minimizing the LCOE. It employed a debt-versus-equity financial model to compute the WACC used for LCOE calculations. The study established that the total load was 1000 MWh. The optimal capacity requirements for various scenarios were; solar PV with battery backup (693.52kW), solar PV with super capacitor backup (679.71kW), standalone solar (668.45kW) and solar PV with genset backup (467.52kW). From the model results, the optimal LCOE was 8.95KES/kWh, 11.67KES/kWh, 14.47KES/kWh and 33.23KES/kWh for PV only, PV plus battery backup, PV plus supercapacitor back up and PV plus genset back up respectively. The model was validated using HOMER simulation tool to compare its performance and ascertain the correctness of the results
Gender and sovereignty: a critical analysis of the criminalization of coercive control in Kenya
No full textFull - text undergraduate research projectIntimate partner violence has been recognized as the most predominant form of violence committed by men against women. In efforts to address violence against women, one of the approaches in the conceptualization of domestic violence is the coercive control model which recognizes physical violence and non-physical forms of abuse as components of coercive control. The aim of this model is to address the legislative gap with regard to non-physical forms of violence while reconciling the disjuncture in the dynamics of control and gender which enables the continued subordination of women in intimate partner relationships. As such, proponents of this model call for the criminalization of coercive control. Through qualitative and quantitative research, drawing comparatives from the jurisdictions which have adopted the offence, this research establishes that an incorporation of the offence of coercive control within Section 3 of the Protection Against Domestic Violence Act would only serve to exacerbate the existing normative gender arrangements, re-asserting women to be blamed for their experiences of controlling and coercive behaviour while strengthening the power of the patriarchal state to respond to such violence. This study subsequently invites further research on the practicality of non-carceral proposed policies and programs which could effectively address intimate partner violence
A Model for assessing digital technology readiness in mini grids
No full textFull - text thesisIn Sub-Saharan Africa, approximately 0.6 billion people lack access to electricity due to challenges with the centralized grid. Mini grids, seen as a solution for rural electrification, face sustainability issues, including technical limitations with renewable energy, outdated monitoring methods, and scalability matters. To address these challenges and strengthen their value proposition, the integration of current and emerging Digital Technologies, such as AI, IoT, Blockchain, and Cybersecurity, is recommended. This study aimed to address a critical gap in the current understanding of Digital Technology Readiness (DTR) in the context of mini grids in Kenya. Recognizing the necessity of a DTR assessment model tailored to end user preferences and the local environment, this research employed a combination of quantitative methods, inferential analysis, and fuzzy synthetic evaluation (FSE). The research methodology embraced the design thinking process and descriptive analysis to develop the DTR assessment model. Data collection involved the use of online questionnaires, employing purposive and snowball sampling techniques. These instruments sought insights from relevant stakeholders in the mini grid industry. Subsequently, surveys were conducted to validate and test the DTR assessment model, ensuring its validity and efficacy. The study findings, based on responses from diverse industry professionals, were instrumental in identifying 15 critical indicators that collectively contribute to digital technology readiness in the mini grids. Through factor analysis, these indicators were categorized into five main dimensions: Digital Literacy (DL), Digital Technology Usefulness (DTU), Digital Technology Preparedness (DTP), Digital Transformation (DT), and Digital Infrastructure Availability (DIA). The critical index values of these dimensions, in descending order, were as follows: DL (4.443), DTU (4.362), DTP (3.839), DT (3.642), and DIA (3.5). These critical index values serve as a valuable guide, emphasizing the key areas of focus in digital technology readiness. The output of this research was a DTR assessment model for mini grids. The model was tested by mini grid stakeholders and it was found to be valid and effective. The model will be used by the stakeholders to measure DT readiness in mini grids. This will aid in strategic decision-making and enhancing the industry's adaptability to the challenges and opportunities presented by Industry 4.0