EANSO East African Nature and Science Organization Journals
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Critical Examination of the Applicability of the Rule of Law in the International Criminal Court
Get PDFThis study critically assesses the International Criminal Court’s (ICC) adherence to the Rule of Law in its prosecutorial processes, specifically addressing persistent allegations of geopolitical selectivity and regional bias. Utilising a doctrinal methodology, the study systematically analyses the Rome Statute (Arts. 13, 16, 17, 53, 98), key ICC jurisprudence (Kenya, Libya, Mali), and authoritative legal commentary to answer two questions: (i) What are the legal factors influencing selective prosecution? and (ii) What is the impact of ICC decisions on fair trial standards and international legal norms? The analysis reveals a commitment to due process, yet identifies a structural vulnerability to political influence that undermines equality before the law. Selectivity is driven primarily by the broad discretionary powers of the Office of the Prosecutor (OTP) under the ‘interests of justice’ test (Art. 53), the ambiguities of complementarity (Art. 17), and the overwhelming political influence of the UN Security Council’s referral and deferral powers (Arts. 13(b) and 16). Conversely, the Court’s jurisprudence profoundly reinforces international legal norms. Decisions have solidified fair trial standards (e.g., acquittals in Gbagbo and Bemba), developed modern norms against cultural destruction (Al-Mahdi), and challenged traditional head of state immunity (Al-Bashir). The study concludes that the ICC embodies a paradox: it is both the highest expression of the Rule of Law in international justice and a system fundamentally constrained by political power. To address these structural challenges, the study recommends legal reforms focusing on: enhancing transparency in OTP discretion (binding guidelines for Art. 53), mitigating UNSC political influence (via Assembly of States Parties mechanisms), and establishing a clear compliance and sanctions mechanism for non-cooperation and state immunity (Art. 98 enforcement). These steps are crucial for ensuring the Court’s mandate of global, non-selective accountability
A Critique of the Application of the Fintech Regulatory Sandbox Approach in Tanzania
Get PDFThe continuous growth of Financial Technology (Fintech) has significantly transformed the global financial services industry, and Tanzania has not been an exception to the transformation. This rapid growth of financial technology has always outpaced the capacity of existing regulatory frameworks, which were primarily designed for traditional financial services. These evolving fintech models have created substantial regulatory challenges as traditional regulatory frameworks struggle to accommodate and catch up to the new, complex, and fast-paced fintech models. On one hand, strict regulations risk stifling innovation and discouraging investment, while on the other, weak oversight exposes fintech to a grey zoned market, consumers to exploitation, fraud, and data protection issues. This study critically assesses the application of the sandbox approach in regulating the fintech sector in Tanzania’s context. Specifically, the study evaluates the design, implementation, and operational challenges of the fintech Regulatory Sandbox in the country. Through this assessment, the study aims to contribute to the ongoing legislative dialogue on how to properly regulate fintech in a manner that is responsive, inclusive, and innovative. The study will analyse the findings and provide practical recommendations for the effective sandbox approach that strives to achieve its established potentia
Examining the Intersection of Land Laws and Digital Technology: Legal Challenges in Implementing Electronic Land Titles Registration in Tanzania
Get PDFThis study examines the intersection between land laws and digital technology in Tanzania, with a focus on the legal challenges affecting the implementation of electronic land titles. Before the introduction of digital systems, land registration in Tanzania relied on manual paper-based processes, which were slow, prone to errors, and vulnerable to fraud. The government introduced the Integrated Land Management Information System (ILMIS) to digitise land records, improve efficiency, enhance transparency, and reduce delays. Despite these technological advancements, the existing legal framework, including the Land Act [Cap. 113 R.E. 2025], Village Land Act [Cap. 114 R.E. 2024], Land Registration Act [Cap. 334 R.E. 2023], and Evidence Act [Cap. 6 R.E. 2022] still largely assume paper-based processes, creating gaps in legal recognition, procedural clarity, dispute resolution, and data security. Using a doctrinal methodology, the study critically analyses relevant laws, regulations, policies, and scholarly literature to identify the gaps and challenges in integrating digital land registration with the legal system. Key findings reveal the lack of statutory recognition for electronic land titles, the absence of definitions for digital concepts, institutional resistance, cybersecurity risks, and weaknesses in the legal infrastructure for dispute resolution. These challenges hinder the full adoption of ILMIS and create uncertainty for landowners, investors, and government institutions. The study concludes by recommending legal and institutional reforms, including amendments to existing land laws to recognise electronic titles, inclusion of digital procedures in the Registration of Documents Act, updates to the Evidence Act to cover digital records, creation of subsidiary regulations for e-titles, and integration of cybersecurity measures. These reforms aim to harmonise technology with law, enhance public confidence, and ensure an efficient, legally secure, and modern land administration system in Tanzania
Dynamic Modelling and Optimisation of a Recuperative ORC for Fuel Economy in Marine Applications
Get PDFThe maritime industry faces increasing pressure to enhance fuel efficiency and reduce greenhouse gas emissions in line with international environmental regulations. This study investigates the optimisation of Waste Heat Recovery (WHR) systems using a recuperative Organic Rankine Cycle (ORC) to enhance fuel economy and reduce greenhouse gas emissions in marine applications. A dynamic thermodynamic model was developed based on first-order transfer functions for core ORC components, including pump, evaporator, expander, recuperator, and condenser. The research methodology involves collecting relevant data from manufacturer design specifications, formulating the mathematical model, and conducting computer simulations using Matlab/Simulink to determine the optimal design parameters. MATrix LABoratory (MATLAB) simulations demonstrated that the system can effectively recover low-grade waste heat, particularly from exhaust gases, yielding a net specific power output of 162 kW at a flow rate of 1.2 kg/s. The recuperator improved thermal efficiency by 35% by reclaiming heat from the expander exhaust, further reducing the load on the evaporator. Annually, the system can recover up to 1,308,000 kWh of energy, potentially displacing 317 tonnes of diesel and avoiding nearly 981 tonnes of CO₂ emissions. The findings underscore the ORC’s potential as a scalable and sustainable solution for improving marine energy efficiency and supporting decarbonisation efforts
The Impacts of Hydropolitics, Legal and Regulatory Frameworks on Foreign Policy Among Nile Basin Countries
Get PDFThe purpose of this study is to examine how legal and regulatory frameworks influence foreign policy decisions, considering the complex dynamics of transboundary water governance, aiming to understand water scarcity, regional diplomacy, and interlinked investment decisions. This is in conjunction with the ongoing disputes over water resources and infrastructure projects, such as Ethiopia's Grand Ethiopian Renaissance Dam. Historical treaties that shape regional relations are situated within theoretical frameworks, such as hegemony theory, which explains power asymmetries among riparian states. The theory of cooperation and participation emphasises stakeholder engagement and inclusive decision-making. At the same time, international water resources governance highlights the importance of coordinated efforts among regional and global actors, analysing how power dynamics, legal structures, and institutional capacities influence policy outcomes in the Nile Basin Countries. Methodologically, the research adopts a mixed-methods approach, combining both qualitative and quantitative techniques. Data collection involved structured surveys administered to 251 stakeholders across five Nile Basin countries, including government officials, academic experts, and regional organisations. The study also incorporated interviews, policy analysis, and review of legal documents to deepen understanding. Quantitative analysis employed descriptive statistics, correlation matrices, and regression models to assess relationships between legal frameworks and foreign policy decisions, while qualitative insights provided contextual understanding of regional challenges and opportunities. The findings reveal that existing legal frameworks are perceived as inadequate, with low ratings for their effectiveness, while dispute resolution mechanisms and policy harmonisation efforts are moderately developed. Strong correlations exist between legal structures, implementation capacity, and policy outcomes, indicating that robust legal arrangements are critical for effective governance. The analysis confirms that legal and institutional reforms, including the strengthening of dispute resolution and policy alignment, significantly influence foreign policy decisions. Environmental challenges, notably climate change impacting water availability, further complicate cooperation in wetlands, protecting the ecosystem and biodiversity, underscore the need for adaptive legal frameworks. The study also highlights the influence of geopolitical power asymmetries, historical treaties, and foreign investments on regional relations. In conclusion, the research emphasises that legal and regulatory frameworks are pivotal for regional stability and sustainable water management in the Nile Basin. It recommends that policymakers prioritise the development of comprehensive, adaptive legal instruments, foster regional dialogue, and build institutional capacities. Strengthening dispute resolution mechanisms and encouraging stakeholder participation are essential for cooperation. The study advocates for integrating environmental considerations into legal frameworks and leveraging international partnerships, supporting sustainable development. Overall, the findings suggest that a holistic approach combining legal reform, diplomatic engagement, and capacity-building is vital for fostering long-term peace and equitable resource sharing among Nile Basin countries
Exploring The Effects of Post-Independent Ethnic Politics on Displacement and Security Dilemmas in South Sudan
Get PDFAs of 2023, post-independence South Sudan faces significant humanitarian challenges, with over 2 million citizens internally displaced and more than 1.5 million seeking refuge in neighbouring countries (UNHCR, 2023). This study investigates the intricate relationship between ethnic politics, displacement, and security dilemmas in South Sudan, guided by theories including Ethnic Identity Theory, Conflict Theory, Security Dilemma Theory, Human Security Theory, and Postcolonial Theory. Utilising a pragmatic research philosophy, the study employed a mixed-methods approach, incorporating descriptive and explanatory research designs. Data were collected from a diverse sample of 386 respondents, including government officials, university students, security commanders, diplomats, and representatives from international agencies through surveys, interviews, and focus group discussions. The findings revealed a statistically significant correlation (R = 0.63) between post-independent ethnic politics and displacement/security dilemmas, with ethnic politics accounting for approximately 39.7% of the variance in displacement and security challenges faced by the nation. Respondents reported that ethnic affiliation plays a critical role in political decision-making, contributing to rising tensions and violence. These dynamics exacerbate the risks faced by displaced populations, who experience increased vulnerability to violence, heightened economic insecurity, and diminished access to essential services. The study concludes that ethnic politics significantly undermine national stability and amplify humanitarian crises in South Sudan. To address these pressing challenges, the research recommends implementing policies that mandate proportional representation for all ethnic groups, establishing consultative forums to facilitate dialogue, and formalising power-sharing arrangements to ensure fair resource distribution. Additionally, fostering inclusive governance frameworks is essential for enhancing social cohesion and mitigating the impacts of ongoing ethnic strife. Ultimately, addressing the intersections of ethnic politics and displacement is crucial for effective peacebuilding and sustainable development in South Sudan, offering valuable insights for policymakers and scholars alike
Role of Learning Flexibility Provided by E-Learning Platforms on Employee Upskilling
Get PDFThis research investigated the role of e-learning platforms in enhancing employee skills in the modern era in Tanzania, concentrating on the Ministry of Land, Housing, and Human Settlement Development in Mbeya. This study addresses a gap in Tanzanian research that has primarily focused on ICT adoption in the private sector. It applied Human Capital Theory and organisation support Theory to examine three dimensions: learning flexibility, content clarity and accuracy, and user support. A descriptive research design integrating quantitative and qualitative methodologies was used with data gathered from 72 employees out of a total population of 105 and analysed using descriptive statistics via SPSS version 20. The results showed that e-learning platforms greatly improve employee upskilling by allowing them to train while they work, providing accurate content that helps them understand, and giving them assistance that keeps them interested. The study suggests that ICT infrastructure should be improved, content should be updated regularly, support systems should be improved, digital literacy should be promoted, and e-learning should be included in performance management framework
Life Cycle Cost Analysis of Low-Volume Roads using Selected Surfacing Options for Long-Term Pavement Performance: A Case Study of Lawate-Kibong'oto and Bago-Talawande Roads
Get PDFLife Cycle Cost Analysis (LCCA) of low-volume roads in Tanzania faces significant challenges due to premature deterioration affecting 60% of roads within five years, far below their designed 15–20-year service life. This study analyses the life cycle costs of various surfacing options applicable to low-volume roads using Long-Term Pavement Performance (LTPP) data from Lawate-Kibong'oto Road (Siha District) and Bago-Talawande Road (Chalinze District). A mixed-methods approach was employed, combining LTPP data analysis with stakeholder consultations to evaluate twelve surfacing options including Double Surface Dressing, Lightly Reinforced Slabs (100 mm), Unreinforced Slabs (100mm), Flexible Concrete Geocells, Concrete Strips, Concrete Paving Blocks, Gravel Wearing Course, Slurry Seal (SS), Hand Packed Stone, Double Sand Seal, Single Otta Seal and bituminous treatments. Key findings reveal significant differences in life cycle costs across surfacing options and locations. Reinforced Concrete Strips demonstrated optimal performance at Bagamoyo site (TZS 196,194,571/km) while unreinforced Concrete Strips proved most favourable at Siha (TZS 245,104,328/km). Surface treatments showed superior annual maintenance performance (TZS 3.7-4.5 million), but concrete solutions provided better long-term structural performance. Selection is significantly influenced by site-specific conditions, with environmental factors, traffic patterns, and construction quality being decisive factors. The research provides evidence-based recommendations with a potential 15-25% reduction in life cycle costs through systematic decision-making tools for road authorities and policymakers in rural Tanzania infrastructure developmen
The Role of Equity Financing in Determining the Financial Performance of Commercial and Services Firms Listed on the Nairobi Securities Exchange, Kenya
Get PDFAmong the various determinants of the financial performance of listed commercial and services firms on the Nairobi securities exchange is equity financing. In an optimal capital structure, equity finance is crucial for enhancing the stability and growth of the firm. Therefore, the study will investigate the effect of equity financing on the financial performance of commercial and services firms listed at the Nairobi Securities Exchange in Kenya. The study used a descriptive research design, with a target population of 13 services and commercial companies registered at the Nairobi Exchange. A data collection sheet was used to collect secondary data from the company's annual audited financial statements from 2015 to 2024. The STATA version 18 was utilised to analyse the data using both descriptive and inferential statistics. The panel regression model's assumptions were tested using diagnostic techniques. The association between the variables was determined using panel data regression analysis, and the hypothesis was assessed at a 5% significance level using t-statistics. The model's overall significance was evaluated using the F-test. The results show that the equity financing variable is a negative and statistically significant predictor of financing performance. Equity financing has a coefficient of -0.077 (p=0.000<0.05), indicating that for every one unit increase in equity, net income decreases by 0.077, holding other factors constant. The study concluded that equity financing negatively and significantly affects financial performance. The study recommended that the management streamline operations, minimise bureaucratic inefficiencies, and adopt innovative financing structures that optimise the cost of equity. Regulating organisations that are essential to maintaining the financial stability of listed firms, such as the capital market authority and the Nairobi Securities Exchange, are anticipated to gain from the study
A Rapid Literature Review of Climate Financing for Youths in Sub-Saharan Africa
Get PDFSub-Saharan Africa (SSA), despite contributing the least to global climate change, faces the greatest vulnerability to its effects. Climate finance plays a crucial role in supporting mitigation and adaptation measures, helping communities reduce emissions and enhance resilience. However, without deliberate inclusion, young people (often defined as those aged 15–24 or up to 35 years old) struggle to access the resources needed for their climate initiatives. This study presents a rapid literature review examining the current landscape of climate finance directly accessible to youth in SSA. Employing a rapid search using keywords across academic databases and institutional repositories, the result of 758 papers, necessitated a heavier reliance on institutional reports rather than academic papers due to limited youth-specific climate finance data across academic databases. The review identifies significant gaps in youth-targeted climate finance, characterized by limited age-disaggregated data, a disproportionate focus on mitigation over adaptation, and complex funding mechanisms that exclude grassroots initiatives. Despite youths being critical agents for climate action and disproportionately affected by climate impacts in SSA, financing mechanisms remain fragmented and insufficient. The paper highlights emerging opportunities through blended finance models, enhanced grant access, and private sector engagement, while emphasizing the urgent need for standardized metrics and transparent disbursement mechanisms. Recommendations include a multi-stakeholder approach to prioritize youth representation, streamline funding processes, and ensure equitable distribution of climate finance, advocating for a more direct, inclusive and effective integration of youth in climate finance frameworks