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Cross-border factors: Demystifying the chimera of free movement of capital within the East African Community Common Market
Get PDFIn most of the East African Community (EAC) countries factoring has been subjected to, inter alia, highly restrictive and unclear regulatory infrastructure with inaccurate terminology, capital adequacy, licence and partly-local ownership requirements, making it difficult for factors to offer their services in the other Partner States. This, therefore, impedes the freedom of movement of capital within the Community, rendering Article 76 of the Treaty for the Establishment of the East African Community (hereinafter referred to as the EAC Treaty) and Article 24 of the Protocol on the Establishment of the East African Community Common Market nugatory. Despite the EAC Treaty prohibiting unnecessary restrictions, the Partner States have exuded some exasperating nonchalance towards liberalizing their internal financial markets to allow free movement of capital. Cross-bordering factoring has been regarded as a significant vehicle that can drive the global economy to development. Despite its impressive prospects for future growth, cross-border factoring regulations within EAC Partner States domestic markets remain largely restrictive, hence impeding free movement of capital within the EAC common market. This paper, therefore, sets out to suggest reforms in the Partner States domestic markets and the Common Market that if implemented, will ensure the EAC objective of enhancing free movement of capital within the Common Market is achieved
Push and pull: Application of Community law in the Partner States of the East African Community
Get PDFThe Treaty for the Establishment of the East African Community (the EAC Treaty) was signed on 30 November 1999 between the Republics of Kenya, Uganda and the United Republic of Tanzania. Burundi and Rwanda acceded to the Treaty in 2007 and South Sudan in 2016. The East African Community (EAC) is the fastest growing Regional Economic Community (REC) in Africa, with a comparatively well-functioning Customs Union, a partly functioning Common Market, a fast-approaching Monetary Union, and an ultimate destination of a Political Federation. The EAC Treaty is an international treaty and its international status has been canvassed both by the East African Court of Justice (EACJ) – the EAC’s judicial organ – and the national courts of Partner States. As might be expected, the former has been progressive and supranationalist in its interpretation of the Treaty while the latter have dabbled in a ‘push and pull’ approach attempting, on the one hand, to limit the application of the Treaty in order to protect constitutional supremacy while fully accepting, on the other hand, its application in regard to ordinary national legislation. Amidst this discourse, an appreciation of the generally binding nature of ratified international treaties has emerged among national courts so that EAC law (herein referred to as Community law) – itself a manifestation of an international Treaty – could be a major beneficiary
Treatment Compliance Among Women with Pregnancy Induced Hypertension Attending Selected Health Facilities in Rachuonyo North Sub-County, Homabay County, Kenya
Get PDFTreatment compliance among expectant women with pregnancy-induced hypertension (PIH) is a global health challenge. Gestational hypertension remains a leading cause of Maternal and infant mortality and morbidity. However, very little has been done to mitigate the situation. The general objective of this study was to assess treatment compliance among women with gestational hypertension in Rachuonyo North Sub-County. The specific objectives were to establish the socio-demographic factors that affect compliance, to determine the level of knowledge, and to establish the health system factors affecting treatment compliance. A cross-sectional study was undertaken targeting pregnant women aged 15-49 years with gestational hypertension. Data were collected using structured questionnaires, Focused Group Discussion guides, and Key Informant Interviews. A total of 175 women responded. The women who were pregnant had been diagnosed with gestational hypertension and were on treatment for at least one month were included in the study. Two doctors, two clinical health officers, and two Nurses were included as key informants. Data were analyzed using Chi-Square, Fisher\u27s Exact, and Mann-Whitney U-test. Treatment compliance was 18.3% whereas the level of knowledge was 68.1%. Age (p=0.007), education (p=0.038), explanation of gestational hypertension (p=0.001), medication counseling (p=0.024) and frequency of follow up (p<0.001) were significantly associated with treatment compliance. However, education level was theonly significant factor that could predict treatment compliance with respondents who had completed primary school being 4.968 times more likely to comply (O. R= 4.968, p=0.05) compared to those who had not completed primary. The study findings are useful for planning and designing appropriate interventions for improving treatment compliance among women with gestational hypertension
Towards a harmonised anti-money laundering approach in the East African Community
Get PDFArticle 5 of the Treaty for the Establishment of the East African Community (EAC) sets out four main stages of integration, namely, a customs union, a common market, a monetary union, and ultimately a political federation. Implementation of each of the stages of integration blurs national boundaries, paving way for free movement of persons, goods, services, and capital leading to increased trade and economic development. However, without proper structure to monitor cross border movements, the integration creates an avenue for criminals to move proceeds of crime freely within the region. For instance, several reports by the Sentry revealed that significant proceeds of crimes from South Sudan are laundered and invested in Kenya and Uganda. Despite these revelations, the EAC Partner States are yet to take joint measures to combat money laundering (ML). Further, the existing national anti-money laundering (AML) laws are divergent and characterised by enforcement deficits. Against this background, this paper makes a case for the need to jointly combat ML and its predicate offences among the Partner States and at the EAC level. Further, it audits the AML statutes of EAC Partner State, highlighting the discrepancies in the criminalisation of ML and the sanctions regime. The paper calls for the adoption of a more harmonised and proactive AML response within the EAC
Under BITs and through class actions: Subjecting transnational mining corporations to environmental rights in the DRC
Get PDFTransnational mining corporations have gained an abundance of power and influence that defy the institutionalisation of the international human rights regime. Their activities have resulted in dire violations of human rights, especially environmental rights. The international human rights regime has left states with the duty to enforce the respect for human rights on all persons, including legal persons such as transnational mining corporations that are within their respective jurisdictions. However, fulfilling this duty has been a herculean task for many Third World states. In these states, these corporations have been able to interfere with law enforcement and accountability through judicial process. Thus, despite violating human rights, they continue to enjoy action with impunity. In response to this, a few attempts have been made to subject these corporations to human rights accountability at an international level. This study examines these attempts and concludes that they are inadequate. Relying on Third World Approaches to International Law (TWAIL), the study progresses the discussion by proposing an international law mechanism that may subject these corporations to the international human rights regime. This is what we term ‘Under BITs and through class actions’ mechanism. This mechanism entails inserting human rights obligations in Bilateral Investment Treaties (BITs) and enforcing them with the help of class actions. To critically present this proposition, the study takes as case study of environmental rights violations by transnational corporations that are mining in the Democratic Republic of the Congo (DRC)
Publisher’s Foreword: Humphrey Sipalla
No full textA teacher’s greatest pride, and most valuable compensation, is to see their students grow into maturity, competence, responsibility and resilience. For one’s students to make great citizens of their community and reliable professionals in their fields brings us teachers the greatest of joys. With this first issue of the Kabarak Law Review, our students at Kabarak University School of Law have so honoured us, their teachers
Measures of Effective Psychological Care Strategies Used with Looked-After Children and Youths
Get PDFThis paper provides a framework for ascertaining the effectiveness of psychological interventions when working with looked-after children in institutions of care. The paper is derived from a review of various studies in the area of psychological care for looked-after youths and children in different contexts around the globe. The review revealed that the effectiveness of psychological interventions may be ascertained by the presence of the following signs in looked-after youth and children: self-awareness, self-regulation, self-motivation and sense of mastery. Therefore, caregivers and institutions need to develop a framework for evaluating the effectiveness of their psychological intervention programmes. Although this paper is based on a review of literature, it contributes towards establishment of effective strategies for evaluating the effectiveness of their psychological intervention programmes given to youths and children in institutional contexts. Most importantly, such a study may identify bottlenecks that hinder optimum rehabilitation and development of youths in care. This will be achieved through finding out the extent to which the provision of psychosocial support services impacts on development of personal competencies, i.e. resilience which is key in maintaining a normal personality. A balanced personality is important because it will help the looked-after children to grow and develop normally a prerequisite for achieving full human functioning
Gender and Age Differences in Perceived Stress among Students in a Selected Public University in Kenya
Get PDFThe study aimed to unveil gender and age differences in the perceived stress levels of undergraduate students in the psychology department at a public university in western Kenya. The researcher applied a descriptive survey as the research design. A quantitative method was used to collect the data. Data were obtained from a questionnaire and Perceived stress scale inventory (PSS). The data collection tool consisted of three sections: Demographic profile of the participants was incorporated in section A; Section B consisted of Perceived stress scale inventory (PSS) which was developed by Sheldon Cohen in 1988. A perceived stress scale was used to capture the level of perceived stress in an individual. The perceived stress scale measures the degree to which situations in one’s life are appraised as stressful. Perceived stress is psychological as opposed to physiological indicators of stress. Section C contained the cluster of causes of stress. It consisted of four dimensions of stress sources: financial, academic, interpersonal, and intrapersonal relationship. Respondents were required to choose appropriate scores for the four clusters of the generation of stress. Data were purposively collected from all the thirty-three psychology department students with a mean age of 21years. The result obtained showed different causes of stress among respondents. Perceived stress levels were grouped into four: Interpersonal, Intrapersonal, Academic, and Financial sources. The results of the data analysis showed significant differences between the stress mean scores of male and female students. Stress was found to be an issue among undergraduate students that should be of clinical concern for psychotherapists. Female students reported higher perceived stress levels (86%) than their male counterparts (55%). The findings of this study will help mental health practitioners to develop interventions that will address the psychological needs of the students based on their gende
Gaps in Informed Consent Process Among Women Who Have Undergone Elective Caesarean Section at AIC Kijabe Hospital, Kiambu County Bramwel Simiyu
Get PDFInformed consent for elective C-sections is both a legal and ethical requirement. It includes the patient’s decision-making capacity, provision of adequate information, and voluntary consent. The aim of the study was to examine the informed consent process for elective C-sections at Kijabe Hospital with a focus on identifying gaps. The study design was cross-sectional and a structured questionnaire assessing 15 recommended elements of the informed consent process was administered to 137 women post-surgery. Descriptive statistics were used for sociodemographic data. The 15 elements of informed consent were aggregated and expressed in frequencies. Data were analyzed using Microsoft Excel and STATA. The results demonstrated excellent compliance with 100% of files having a signed consent form. However, documentation of the informed consent discussion(s) was not done in all cases. Infrequently addressed elements were; the benefits of surgery, post-surgery briefing and implications on future pregnancy at 59.1%, 57.7% and 67.9% of participants respectively. The average time spent obtaining consent was ten minutes. Of note is that patients’ questions and concerns were addressed in 97.1% of participants. In conclusion, all other elements of the informed consent process were frequently addressed except, documentation of the process, benefits of surgery, post-operative briefing, and implications of the surgery on future pregnancy
Separation of Powers in Judicial Enforcement of Governmental Ethics in Kenya and South Africa
Get PDFThe Kenyan Constitution, 2010 and the 1996 South African Constitution prescribe eligibility criteria for appointment into public office. The courts in both countries have been vested with the role of policing the boundaries of constitutionality of the exercise of power by the other arms of government. This mandates courts to ascertain whether an appointment by the executive branch meets the constitutionally prescribed threshold. The power of judicial review of appointments by the executive branch has brought the question of separation of powers between the judiciary and the executive into sharp relief. This paper discusses the separation and intertwining of powers between these two branches of government in the context of their respective roles in public appointments