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Towards comprehensive civilian protection under Common Article 3 by addressing protection gaps in spill-over conflicts: Kevin Kipchirchir
Get PDFThere is a proliferation of non-international armed conflicts across the globe. Increasingly, these conflicts involve groups across two or more borders or that involve cross-border clashes. This is termed as spill-over conflict. The Middle East and Central Africa serve as salient examples to this effect. A literal reading of Common Article 3 locks out the victims of such conflicts from protected status. Common Article 3 restricts its application to non-international armed conflicts occurring in the territory of one high contracting party. The gap in protection occurs where the groups do not meet the organisational threshold in Additional Protocol II regarding the structure of the non-state actors’ organisation but are engaged in conflicts spanning more than a single territory. This paper examines the history of Common Article 3 and finds that the parties had no intention of locking out the application of Common Article 3 based on territorial considerations. Secondly, this paper looks into customary international law through state practice and jurisprudence. It finds that state practice and emerging jurisprudence recognises the fundamental principles that underpin Common Article 3. To this end, even where treaty law is inapplicable, customary international humanitarian law shall apply to provide protection to victims of spill-over non-international armed conflict. It is against this backdrop that the paper proposes that the single territory provision in Common Article 3 be amended to accommodate a more inclusive cross border reading
A commentary on the matrimonial property conundrum in Kenya in JOO v MBO: Marvis Ndubi
Get PDFSince the promulgation of the Constitution of Kenya 2010, Kenyan jurisprudence has tussled with the question of division of matrimonial property in the instance of divorce. This is due to the conundrum posed by the meaning of Article 45(3) of the Constitution on equality of spouses in the realm of matrimonial property. Arguably, the courts, including the Supreme Court, have failed to put to resolve this conundrum. This is by dint of the inexistence of any strict formula for the sharing of matrimonial property during divorce despite the question finding its way to the Supreme Court of the Republic of Kenya (SCORK). As chance would have it, SCORK got another grand opportunity to put this question to rest in the JOO v MBO case. However, this commentary opines that history repeated itself and the jurisprudential ambiguity in the sharing of matrimonial property is still with us, alive and well. This paper evaluates the question of matrimonial property sharing in Kenya in the lens of the SCORK’s JOO v MBO decision
Intellectual Stimulation and the Growth of Intra-Regional Trade in the East African Community
Get PDFThe purpose of this study was to investigate the influence of intellectual stimulation of the Council of Ministers on the perceived growth of Intra-Regional Trade in the EAC. The study adopted positivism research philosophy and descriptive correlational research design and was anchored on the transformational leadership theory. Targeting senior trade officers in partner states of EAC, stratified sampling was applied to identify a few sample units. Data was collected using a structured questionnaire that contained both open ended and closed ended questions. Data collected was coded, cleaned and analysed using SPSS version 20 to obtain both descriptive and inferential statsitics. Results show a positive and significаnt influence of intellectual stimulation on the growth of intra-regional trade in the EAC; R2=.409, F(1,121) = 83.782, p<.05; β =.755, t(4.292)=10.351, p<.05. The findings point to the fact that increased intellectual stimulation in terms of encouraging risk taking, creative innovation and communication by the council, will have significant influence positive effect on the growth of intra-regional trade in the EAC. In this regard, council members of the EAC should strategically demonstrate intellectual stimulation by encouraging officer within their dockens to be risk tekers, while enhancing innovation and bolster appropriate communication
ANXIETY AND PSYCHOSOCIAL CHALLENGES AMONG SELECTED RETIRED SECONDARY SCHOOL TEACHERS IN RUIRU AND JUJA SUB-COUNTY, KENYA
No full textThe transition from work to retirement is a significant and demanding process, marked by individual variations in the timing and decision-making. Legal frameworks often guide retirement decisions. This life event typically triggers psychological responses, necessitating a psychotherapeutic approach to preparation and decision-making. While retirement represents a major life milestone, some individuals may not proactively consider it. Effective pre-retirement planning and preparation can commence 5-10 years before retirement. Mandated pre-retirement counseling is beneficial, as it compels individuals to make essential preparations well in advance. However, many people tend to avoid contemplating retirement after reaching the age of 45. This study aimed to assess anxiety and psychological challenges experienced by retired secondary school teachers in Ruiru and Juja Sub County. It also sought to compare anxiety and depression levels between early retirees and those subject to mandatory retirement. The study employed a quantitative research design. A sample of 35 retired teachers was selected using census sampling, with 20 respondents interviewed due to logistical constraints and respondent availability. The study focused on secondary school teachers who had retired between 2018 and 2021. Data were collected using the Beck Anxiety Inventory and a Social-demographic questionnaire. The findings revealed that 78.9% of respondents reported low family socioeconomic status, while 68.4% experienced high levels of loneliness and social isolation. Additionally, 63.2% noted elevated boredom in retirement, 52.6% reported high financial stress, and 63.2% indicated increased frustration due to medical issues. Moreover, 63.2% exhibited high levels of anxiety. Interestingly, the study found no significant difference in anxiety and psycho-social challenges between teachers who had early or mandatory retirement. To better support prospective retiree teachers, it is crucial to encourage them to seek guidance from the Teachers Service Commission wellness center during their pre-retirement preparation and planning
Using res judicata to resolve jurisdictional conflicts between WTO and regional trade agreements’ dispute settlement mechanisms: Samson Muchiri
Get PDFThe WTO has a renowned dispute settlement body, distinguished from other dispute settlement bodies by its compulsory and exclusive jurisdiction. However, regional trade agreements provide for rights and obligations similar to those guaranteed by the WTO thus, causing material jurisdictional overlaps between the WTO institutions and regional dispute resolution institutions. Potentially, a State aggrieved by measures that contravene rights or obligations within such overlaps has two alternative fora for dispute resolution. Where the regional trade agreement dispute resolution mechanism resolves the dispute first, the compulsory and exclusive nature of the WTO jurisdiction allows the matter to be re-determined at the WTO level, causing jurisdictional conflicts and duplicative proceedings.
Although it is an established principle in customary international law, res judicata is not provided in any of the instruments guiding the jurisdiction of the WTO dispute settlement system. The jurisprudence of WTO Panels and the Appellate Body are also thin on this matter. Seemingly, the inclination has been to exercise the compulsory and exclusive jurisdiction, without regard to other existing fora. This paper therefore suggests clear recommendations to be employed in widening the existing WTO jurisprudence on res judicata as a solution to jurisdictional conflicts. In doing so, this paper further acknowledges the possible criticisms against res judicata in WTO dispute settlement and provides possible solutions to these challenges to ensure the peaceful and harmonious coexistence of the WTO dispute settlement mechanisms vis-à-vis those of regional trade agreements. Using the South American region as an example, this paper enunciates the jurisdictional overlaps and proposes the application of res judicata by the WTO dispute settlement mechanisms in judicial restrain
Organizational Purpose and Performance of National Health Non-Governmental Organizations in Kenya
Get PDFThe purpose of this study was to assess the influence of defining organizational purpose on the organizational performance of national health non-governmental organizations (NGOs) in Kenya. The study utilized positivism research philosophy and cross-sectional research design. The target population of the study was 564 chief executive officers (CEOs) and program directors of 282 national NGOs registered with the NGO coordination board. A sample size of 234 was selected using a random stratified sampling technique. Data collection was through a structured questionnaire while inferential and descriptive statistical techniques were used for data analysis. Structural equation modelling (SEM) was applied to test and explain the study hypothesis. Statistical package for social sciences (SPSS) Version 26 and Analysis of Moment Structures (AMOS) version 26 software were used for the analysis. The study findings determined that defining organizational purpose had a statistically significant positive influence on organizational performance of national health NGOs in Kenya (r squared = 0.41, beta = 0.642, CR = 7.534, p < 0.05). The study concludes that defining organizational purpose is vital for the organizational performance of national health NGOs in Kenya. The study hence recommends to the top management of national health NGOs in Kenya to clearly articulate the purpose of their organizations thus making employees and managers satisfied and committed to its achievement
EFFECT OF BOARD DIVERSITY ON FINANCIAL REPORTING QUALITY: EVIDENCE FROM FIRMS LISTED IN NAIROBI SECURITIES EXCHANGE, KENYA
Get PDFFinancial reporting is an important determinant of investment efficiency. The wave of recent scandals and loss of billions of shillings of investments in state corporations in Kenya as led to disclosure quality being questioned. The objectives of this study were to establish effect of board of director’s age diversity and effect of board of director’s gender diversity on financial reporting quality. The study was informed by The Upper Echelon theory. This study used longitudinal research design. The target population comprised 66 firms listed in NSE. Ultimately, 280 firm-year data of 40 firms listed in NSE between 2011 and 2017 were analyzed. The data collection instrument used in this study was data collection sheet. Panel data was analyzed using random effects model as the Hausman test found it consistent. The findings revealed that Age diversity (β1=-1.88, p=0.00), Gender diversity (β2=-1.56, p=0.00) had a negative and significant effect on financial reporting quality. Therefore, this study recommends that the Board of Directors of firms should be made up of both genders but not in equal proportion. Secondly, the ages of the board members should include both the young and the old and again not in equal proportion
INVESTIGATION ON ENTREPRENEURIAL VIABILITY OF INDIGENOUS INNOVATIONS IN KENYA. A SURVEY OF BARINGO AND NAKURU COUNTIES ON MURSIK MILK.
Get PDFIndigenous innovations can aid developing nations embark on a cumulative path of positive growth by providing great opportunities to stimulate economic growth leveraged on indigenous knowledge, cultural practices and resources residing within native communities. Mursik is milk preservation traditional technology among Kalenjin community in the Great Rift Valley in Kenya. The community is renown worldwide for producing dominant athletes in the world, especially in long distances races such as marathons. The trademark heroic welcome of these athletes is a sip of this prized Mursik. Over the years scanty businesses have attempted to market this milk in food outlets with a few also attempting to process and pack it. However, the success and commercial performance or future potential has remained unknown. This study therefore aimed at investigating on entrepreneurial viability Mursik so as to propose a framework model for its commercialization that can be generalized to other related indigenous innovations that abound in diverse communities in Kenya. Specifically, the study determined supply side characteristics, demand side characteristics, innovation€™s characteristics, and moderating effect of innovation promoters. Data was obtained using semi-structured questionnaires administered on a snow-balled sample of size of 59 accessed enterprises. However, only 35 of those enterprises completed the data collection adequately for analysis. The selected enterprises comprised caterers, hotels, foods outlets and processors where Mursik. Each provided one respondent who was the senior manager or entrepreneur of the enterprise. The findings obtained indicated that whereas there was huge supply of milk in the proximal catchment area the supply was not consistent and suppliers preferred delivering it to large milk processors who had not yet adopted Mursik as part of their line of products. Further, the consumption demand for Mursik was dominated by members of the indigenous Kalenjin community and who also preferred home brewed Murisk for better quality and its cultural associations. The innovation itself strongly possessed necessary characteristics for potential for massive adoption. It was also found to elicit a lot of interest with new users who were willing to try it. However, the knowledge and technology transfer capacity was very constraining. The traditional production process was also inevitably slow and would not be consistent with rapid production process associated with most milk products in fast moving consumer goods. The researcher therefore recommends an experimental study on technology improvement to enable rapid production and yet maintain quality and value attributed to the original Mursik product, and also determination of means of value packaging, promotion and distribution beyond the traditional users of the product
Ceding sovereign powers of the Partner State to the East African Community – a viable integration model?
Get PDFAs a result of the changing nature of public international law, state sovereignty is increasingly becoming limited in the interests of the broader international community. The central thesis of this paper is that the East African Community Treaty, 1999 envisages the ceding of sovereignty by Partner States to the Community organs, though implicitly. It posits that the integration model adopted by the East African Community (EAC) is rather sceptical compared to other regional blocs whose provisions on pooling of the sovereignty are explicit. The paper thus addresses the legal aspects of transfer of sovereign power and its implications for the growing importance of regional economic integration. It suggests that the commitment to the EAC integration process not only requires the explicit inclusion of elements of ceding sovereignty to the Community in order to facilitate the integration process but also the political will of the Partner States to abide by the decisions resulting from the powers so ceded
Cross-border sale of goods within the East African community: The need for a uniform legal regime
Get PDFThe establishment of the East African Community has enhanced cross-border trade between private (both natural and legal) persons in the region. Crossborder trade has been enhanced by the elimination of barriers to trade in the form of custom duties at the border. A report by the United Nations Economic Commission for Africa (UNECA) shows that in 2017, the net value of cross-border trade in East Africa was $2.4 billion. Tanzania and Kenya are seen as the economic heavyweights of the region, although each of the EAC Partner States has a key role to play in promoting trade in the region. Tanzania accounts for approximately 30% of East African Community’s economy while Kenya accounts for approximately 50% of the economy of the region.However, despite this growth in trade as a result of regional integration, cross-border private traders feel that the EAC Treaty and Protocols do not adequately protect contracts of sale that they enter into in the course of trade. Most imimportantly, and apart from the domestic laws of the EAC member states, crucial areas of the contract of sale like formation of the contract, transfer of property, obligations of parties and remedies are evidently not regulated by EAC instruments.