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Navigating the line between party discipline and party tyranny and its effect on the independence of the National Assembly of Kenya, 2013 - 2024
No full textFull - text undergraduate research projectThis research paper examines the effect of political party affiliation and the prevailing legal framework on the principle of separation of powers, with a specific focus on the independence of Kenya's National Assembly, post the new constitution. The study explores how political party dynamics influence decision-making, legislative autonomy, and the effectiveness of checks and balances in the legislative sphere. Against the backdrop of Kenya's vibrant political landscape and evolving party structures, the research delves into the challenges legislators face in adhering to party directives while striving to uphold their autonomy. Employing a doctrinal legal research methodology, the study provides an in-depth analysis of the legal provisions governing political party affiliation and governance and their implications on legislative independence. The findings reveal that the National Assembly is increasingly under the influence of the executive, often through the guise of political party discipline. This has resulted in the President wielding unchecked power, undermining the principle of separation of powers and compromising the autonomy of the legislature. To address these challenges, the study recommends abolishing the legal provision that exempts the President and executive members from being classified as state officers in the context of political party leadership. This exemption enables them to hold party leadership positions, thereby exerting undue influence over legislative processes. The conclusions and recommendations presented in this study aim to contribute to policy reforms that enhance the autonomy of Kenya's National Assembly and strengthen the principle of separation of powers, ultimately supporting democratic governance and national unity
The Role of organizational capabilities on organizational performance in the financial services sector in Kenya: the mediating role of effective leadership
No full textFull - text PhD thesisOrganizational capability, the unique and inimitable process and resources in an organization, contributes significantly to organizational success globally. For firms to gain a competitive advantage over competitors in an arena filled with turbulence, it is crucial that organizational capability be borne in mind. Specifically, organizational processes, resources and values are foundational to the success of an organization, and more so for the financial services sector as they contribute to economic growth and progress of nations. The overall aim of this study was to examine the mediating role of leadership effectiveness on the role of organizational capabilities on organizational performance in the financial services sector in Kenya. Specifically, the study set out to: determine the effect of organization capabilities on organizational performance in the financial services sector in Kenya; find out the effect of leadership effectiveness on the organizational performance in the financial services sector in Kenya; and, establish the mediating role of leadership effectiveness on the role of organizational capabilities on performance in the financial services sector in Kenya. To attain the objectives of this study, these theories were used to anchor the study: Resources Process and Values (RPV) model, Resources Based View, Dynamic Capabilities Theory and Situational Leadership Theory. A pragmatic research approach was utilized in this study, which incorporated a mix of quantitative and qualitative techniques, and employed a mixed methods research design. In the study, 39 commercial banks, 13 microfinance institutions, 55 insurance companies, 23 investment banks and 175 deposit taking SACCOs were included in this study. Data collection in the study involved the use of questionnaires and in-depth interviews. Data analysis was carried out using descriptive and inferential statistics for quantitative data and thematic analysis for qualitative data. Findings from the study showed that there was positive and statistically significant effect of organization capabilities (resources, values and processes) on the performance of the financial services sector in Kenya; there was a positive and statistically significant effect of leadership effectiveness on organizational performance of financial institutions in Kenya and that leadership effectiveness has statistically significant mediating role on the effect of organizational capabilities on organizational performance. The study concluded that organizational capabilities, mediated by leadership effectiveness, indeed have an effect on financial and non-financial services sector in Kenya. From the study, with regards to theoretical implication, further, study needs to investigate how to improve leadership effectiveness in the financial services sector in order to enhance organization capabilities and organizational performance. One practical implication is the need to invest in leadership development in order to improve corporate leadership in Kenya.
Keywords: organizational capability; resources; processes; values; leadership effectiveness; financial and non-financial performance; financial services sector; resource-based view; dynamic capabilities theory; situational leadership theory
Essays on the impact of changes in interest rate regulation in Kenya
No full textFull - text PhD thesisGlobally, banking regulation has led to a closer focus on loan pricing and its impact on bank performance and other stakeholders such as investors. The aim of the study was to examine the effect of changes in interest rate regulation on the financial performance of banks, equity market performance, and bank lending behaviour. There is still an ongoing empirical question and a policy dilemma regarding the economic benefit of interest rate controls and why they are commonly used. Interest rate controls are intended to protect consumers but sometimes result in unintended negative consequences. The study adopted descriptive research approach and positivism as the research philosophy. Multivariate regression analysis was applied. First, using a balanced panel dataset of 83 banks comprising 1,494 observations from 2004-2021, the difference-in-differences (DiD) methodology was applied to accounting and market value measures of financial performance. A two-step generalised method of moments (GMM) in panel data regression was used as the estimation technique to address the problem of endogeneity commonly found in panel data. The findings reveal that introducing interest rate caps in Kenya significantly increased banks' profitability. This increase is likely attributed to a rise in non-interest income and reduced operating expenses. On the contrary, the impact on the firm value of listed banks was insignificant. Next, an event study was employed to explore any impact of changes in interest rate regulation on equity market performance. An exponential generalised autoregressive conditional heteroscedasticity (EGARCH) model was used to supplement the event study methodology. The results reveal that the market reaction to the announcement of the imposition of interest rate restriction was negative and statistically significant. This is contrary to the expectation that controls would increase stock valuation since investors would, as a result, enjoy a reduced cost of credit. The EGARCH results revealed that volatility persistence was high, the changes in interest rate regulation had lasting effects on the stock market. The findings support monetary policy that welcomes financial liberalisation. The theory of rational expectations was applicable as investors in the stock market reacted to the changes in interest regulation. The third aspect of the study entailed determining bank lending behaviour. Using a panel dataset of 35 banks in Kenya comprising 630 observations over the period 2004-2021, multivariate regression analysis was applied. A two-step generalised method of moments was used as the estimation technique to address the endogeneity problem commonly found in panel data. The findings reveal that the composition of the government loan portfolio reaction to changes in interest rate regulation was positive and significant. There is no statistical evidence of a similar impact in the private and interbank loan compositions. This implies that the implementation of lending interest rate controls was ineffective in increasing access to credit. The financial market intermediation theory explains the role of commercial banks as bridging the gap between lenders and borrowers. If the financial market is perfect, the price charged would be at equilibrium, while if an imperfect market, the fee charged is higher or lower. Current theorists argue imposition of interest rate caps distorts the market. From the findings, interest rate caps had a negative impact especially to the small medium enterprises (SMEs). The study can potentially inform policymakers in the East Africa region on the effects of interest rate regulation. High lending interest rates have seen some countries, such as Kenya, impose interest rate caps and subsequently repeal them. Other countries, such as Uganda, were in the process of considering interest rate caps but have deferred the decision. Kenya has now adopted risk-based loan pricing as an alternative measure to improving access to credit. This is perhaps the first study to utilise a multi-pronged focus on the effects of changes in interest rate regulation in a developing economy.
Key words: Bank financial performance; Bank lending behaviour; Equity market performance; Interest rate caps; Interest rate regulation
Enhancing data protection in Kenya: evaluating the ambiguities in data retention policies and their impact on privacy and security
No full textFull - text undergraduate research projectThe President signed into law the Kenya Data Protection Act, 2019 on 8th November 2019. The Data Protection Act is an answer that aimed at ensuring Kenyans were empowered with enforceable privacy rights over their personal information, while providing clear guidelines for private and public institutions to handle their users’ data with care, due to the increased call for protection of both personal and private information, which may be readily and easily accessible in this digital era
Who bears the blame - Analysing what Kenya’s civil liability framework means for chatbot harms
No full textFull - text undergraduate research projectThe increasing reliance on AI-driven systems in business operations has raised critical legal questions regarding liability for harms caused by chatbots. This study explores whether companies in Kenya should be held vicariously liable for chatbot-related harms, particularly in online customer interactions. It evaluates the applicability of existing liability frameworks—strict liability, negligence, and vicarious liability—to determine the most suitable approach for Kenyan courts when adjudicating chatbot liability disputes.
The study’s scope focuses on analysing chatbot technology and the legal principles governing civil liability in Kenya. Given the absence of specific AI liability laws in Kenya, the research examines how courts can extend traditional legal doctrines to address chatbot-related harms, ensuring accountability while fostering responsible AI deployment.
A doctrinal research methodology was employed, involving an in-depth analysis of statutes, case law, journal articles, and regulatory policies. Additionally, the study applied agency theory to establish a legal basis for holding chatbot deployers accountable under vicarious liability principles. The findings reveal that chatbot deployers exercise substantial control over chatbot operations, making vicarious liability the most effective framework for assigning responsibility. Chatbots function within parameters set by their deployers, creating an implied agency relationship similar to that between employers and employees. Courts can apply existing principles of agency law and respondeat superior to hold companies accountable for chatbot-related harms, ensuring victims have clear avenues for legal redress.
The study recommends that courts recognise implied agency relationships between chatbots and deployers, define the scope of chatbot employment, establish a standard of care for chatbot oversight, and prioritise vicarious liability in chatbot-related disputes. By adopting these principles, Kenyan courts can develop a coherent legal framework that balances AI innovation with consumer protection, providing much-needed clarity in chatbot liability cases
Integrating Kenya’s visa policy shift with its counterterrorism measures; enhancing border security framework on the Kenya - Somalia border
No full textFull - text undergraduate research projectWith the introduction of a new digital platform for tourist authentication, there seems to be a disregard to the country’s possible exposure to insecurity, given Kenya’s history of terrorist attacks. The study seeks to infer the impact of Kenya’s transition to an open visa policy on national security, with a specific focus on its insufficient integration with counterterrorism measures. The analysis focuses on synchronising the existing counterterrorism policies with the open visa policy in order to enhance the functionality of the visa as a line of defence against terrorism. This study addresses gaps within current national frameworks in effectively mitigating foreign threats so as to amplify security measures and counter potential threats while facilitating the free movement of people under Kenya’s new open visa statu
Assessing domestic servitude in the context of Kenyan domestic workers in the Kingdom of Saudi Arabia
No full textFull - text undergraduate research projectThis research explores domestic servitude among Kenyan domestic workers in the Kingdom of Saudi Arabia, emphasising the need for substantial policy reforms. Domestic servitude, marked by severe exploitation and lack of adequate protection, remains a critical issue despite the high number of Kenyan domestic migrant workers employed in this sector. This study seeks to address the urgent need for comprehensive reforms to enhance the welfare and rights of these workers. The significance of this research lies in its focus on a vulnerable group often overlooked in broader discussions on migrant labour. The study identifies significant gaps in existing policies and legal frameworks that inadequately protect domestic workers from exploitative conditions. By highlighting these gaps, the research aims to reveal the systemic issues contributing to domestic servitude. Employing a mixed-methods approach, the research includes a thorough review of existing literature, case studies, and normative analysis of legal frameworks. This methodology provides a comprehensive understanding of the socio-economic and cultural challenges faced by Kenyan domestic workers in Saudi Arabia
Examining Kenya’s Diversion Policy 2019: reforming the diversion criteria to align with the Children Act 2022 and include a broader range of cases for diversion
No full textFull - text undergraduate research projectThe Diversion Policy 2019 guarantees the promotion of Diversion in the juvenile justice system. However, in many cases diversion is limited by the same policy because it grants prosecutors discretion to grant or deny diversion in cases of petty offences and felony offences which essentially leads to more children being excluded from benefitting from diversion which defeats the purpose of diversion. This policy contravenes section 227 (2)(c) of the children act 2022 which affords diversion to each child offender with the exception being when it comes to capital offences. Through the theory of restorative justice, this study through a restorative lens will show that there is a prevailing cost in limiting diversion in cases of petty offences and felony offences in the juvenile justice system. Through a comparative study with New Zeeland the study will suggests a way forward by promoting a broader context of diversion which is in line with the Children Act 2022.The study recommends amending clause 2.8 of the ODPP Diversion Guidelines which will make diversion broader by ensuring children who have committed petty offences and felonies to automatically be viable for diversion without any discretion from the prosecutors
Information sharing, social capital and sustainable supply chain performance in the agri-food supply chain: an empirical study of the meat supply chain in Kenya
No full textFull - text PhD thesisThe significance of information sharing in agri-food supply chains has heightened due to the increasing demand for food security, the global population surge, and the imperative for efficient and sustainable supply chains. This study aims to explore the interplay among information sharing, social capital, and sustainable supply chain performance within agri-food supply chains, with a specific focus on the meat supply chain in Kenya. The study is driven by three primary objectives: firstly, to systematically review existing literature on information sharing in perishable African agri-food, identifying gaps in the current knowledge base; secondly, to scrutinize the relationships among information sharing, information quality, social capital, and environmental performance; and finally, to investigate the association between information sharing, power dynamics, social capital, and overall supply chain performance. The study used a quantitative approach, which involved administering surveys to respondents in the target population. The target population were abattoirs and traders in four counties, namely: Nairobi, Kajiado, Machakos, and Kiambu. They were selected because they are the largest end markets in Kenya. A census of abattoirs in the four counties was done, and snowball sampling was used to identify the traders supplying them. The study collected data from 85 abattoirs and 164 traders. Smart-PLS 4 software was then used to test the hypothesis and analyse the data. The study identified a notable gap in the examination of information sharing within perishable African agri-food supply chains, underscoring the significance of contextual factors in comprehending information-sharing dynamics. Contrary to expectations, the findings indicated that social capital does not act as a moderator in the relationship between information sharing and supply chain performance. However, the study revealed a positive moderating effect of coercive power on this relationship. Additionally, the research found that information quality plays a mediating role in the relationship between information sharing and environmental performance. The implications of this study carry substantial weight for supply chain actors, as it underscores the advantageous outcomes of information sharing. Establishing sustainable supply chains not only allows actors to safeguard the environment but also contributes to the improvement of their economic prosperity. The study also emphasizes the valuable role of coercive power in fortifying the correlation between information sharing and supply chain performance, offering insights for practitioners. Furthermore, the significance of information quality is evident, prompting practitioners to prioritize timely, comprehensive, accurate, and relevant information when engaging in sharing practices. Theoretical implications of this study include understanding the context of studying information sharing to match information needs and understanding the dynamics of each agri-food supply chain. The study focused on meat supply chain, which has different dynamics from other agri-food supply chains
The Prospects of advance directives in Kenya - a legal analysis
No full textFull - text undergraduate research projectPatient rights can be promoted by equipping individuals with legal tools such as Advance Directives that respect their autonomy and dignity by honouring expressed wishes on their healthcare preferences and future desires while they have the mental capacity to execute such a task. This study seeks to assess the viability of Advance Directives (ADs) and Advanced Care Planning (ACP) laws in the context of Kenya. Through qualitative research, the study takes a doctrinal approach that utilises primary legal sources, academic literature and commentaries in assessing the gaps in the legal framework and its implications. The study further makes a comparative analysis with other jurisdictions such as the United Kingdom and South Africa to facilitate research findings of how their implementation of such directives in their laws has enhanced key concepts such as dignity, patient-autonomy and informed consent. The findings highlight a significant gap in the protection of patients’ health care preferences when incapacitated due to the inadequate legal framework in place as well the impact culture has in the development of a more accommodative framework. The study therefore recommends the establishment of a legal framework that recognises these tools as legally binding as well as one that pushes for proper implementation. In addition, the findings show that the lack of adequate research within Kenya on this topic further emphasising the need for more studies especially within the legal context