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From constitutional avoidance to the primacy of rights approach to adjudication in Kenya: A case study of the interplay between constitutional rights and the law of contract
No full textThe Constitution of Kenya of 2010 is a value-oriented normative document. It enshrines values, principles, and rights that are supposed to transform the Kenyan state and society into a democratic and egalitarian direction. Through Article 20(3), the Constitution envisages that all legal rules sourced from statutes, common law, or customary law will be developed to ensure conformity and consistency with its value order. This paper advances the argument that the obligation to develop the law to promote the vision of the Bill of Rights mandates a shift of adjudication and litigation strategy from an approach that places premium on the doctrine of constitutional avoidance to an embrace of a primacy of rights approach to adjudication
Dean\u27s Foreword: Prof J Osogo Ambani
No full textNothing excites a teacher beyond the success of their students. It is also known that journals and other academic works stimulate an academic the same way toys stir children. Being an academic work of my students, this inaugural issue of Kabarak Law Review (KLR) must surely enliven me greatly
Beyond ICT Access and Use: Are Young Women of Mathare Leveraging the Potential of ICTs?
Get PDFICTs are an invaluable tool in empowering women in underprivileged societies. However, evidence lacks on how young women of Mathare use ICTs to counter unemployment and a lack of essential services that disproportionately impact them. The article discusses the empowerment of young women in Mathare through ICTs, specifically the radio and mobile phones. The analysis indicates that, in numerous cases, radio has enabled young women to shape the conversation on issues affecting them and have useful information on improving their living conditions. Likewise, mobile phone ownership and the acquirement of ICT skills resulting in young women’s financial inclusion and participation in multiple home-based and income-generating activities have facilitated digital empowerment. However, young women’s low socio-economic status and limited knowledge on the benefits of ICTs were the main barriers to realising the outlined potential. The article concludes with implications for radio stations and telecommunication providers that seek to advance young women’s empowerment
Ruinous Judicial activism : What a Solemn Scrutiny of the Ruling of Justice Mumbi Ngugi in the Moses Kasaine Lenolkulal Case Reveals
Get PDFeturn to office or removal of a public or state officer when charged under the Anti-Corruption and Economic Crimes Act (ACECA) has become and remains one of the active questions in Kenyan courts after renewed energies on the part of the government to ‘fight graft’. This question has generated debates whose terms seem to be very different following a decision that was issued by Justice Mumbi Ngugi over a revision application by the Governor of Samburu County, Moses Kasaine Lenolkulal in a casehe had been charged. This article is an attempt at critically analysing the said ruling which has been hailed not only as being progressive but alsoas showing that Kenyan courts are treating corruption with the phobia itdeserves. The analysis demonstrates that despite the noble ideas behind judicial support for war against graft, judicial officers need to be more careful not to venture into what can be described as ruinous activism as the Moses Kasaine Lenolkulal ruling has now revealed
Political integrity as irrational and hypocritical values: Do the high standards of Chapter Six of the Constitution of Kenya breed a dangerous hypocrisy in the political class?
Get PDFThe progressive and transformative Constitution of Kenya, 2010 brought with it Chapter Six on leadership and integrity which outlines the integrity standards required of persons holding or intending to hold public office in both elective and appointive positions. The chapter has been deemed a reflection of the aspirations of Kenyans who are desirous to clean the country’s politics that has been riddled with corruption and abuse of power. This article particularly focuses on the integrity fitness of those seeking elective offices with the aim of interrogating and attempting to bring out the controversies surrounding political integrity in Kenya. This study is premised on the hypothesis that the integrity definition adopted by the Kenyan courts is too stringent and needs to be moderated to allow for moral frailties necessitated by liberal democracy. This moral stringency is presumed to be the reason why the integrity test is seen as limiting political rights and is not currently applied to qualify or disqualify persons running for elective office as envisaged by the Constitution. This article proceeds to make a contribution in this area of law by defining integrity in politics based on the distinctive character of politics which require ethics unique to politics and how its application need not be seen as infringing political rights by showing how democracy is adapted to a country’s unique circumstances and priorities without undermining the fundamentals of the ideal
Policing in Kenya during Covid-19: Between humanity and status-quoism
Get PDFKenya’s policing history has for the longest time been partisan to the ruling regime. This has created a culture of brutality and disdain among members of the Kenya Police, towards members of the public whom they ought to protect and serve. Although the National Police Service Standing Orders provide that police officers shall be committed to the welfare of the public and shall maintain the highest professional and ethical standards in providing service to members of the public, recent practices and especially events that followed the Covid-19 containment measures prove the contrary. While the law makers may have been well intentioned, brutality cases on the part of the police in enforcing containment measures were recorded in several instances leading to injuries and deaths among many Kenyans, not least of which was the death in custody of our classmate Emmanuel Mutura and his brother Benson Ndwiga in Kianjakoma, Embu. Thus, this article argues that while Kenya boasts of an egalitarian transformative constitution, the most crucial entity that maintains law and order has maintained a retrogressive, non-egalitarian policing culture. Further, it advances the argument that in the long term, the police have to be trained in an egalitarian manner in order to achieve the true purpose of the Constitution of Kenya (2010)
Factors Associated with Health Seeking Behavior for Reproductive Tract Infections among Young Street Females in Eldoret, Kenya
Get PDFIntroduction: A reproductive tract infection (RTIs), among young women is a public health concern, especially in developing countries like Kenya. When a reproductive tract infection occurs, urgent treatment should be done to avoid short and long term consequences.
However, few studies have evaluated factors associated with RTIs and healthcare seeking behaviours especially, among young street women in low and middle-income countries.
Objective: This study aimed at determining the factors associated with healthcare seeking behavior for RTI infections among young street females in Eldoret town in Kenya.
Methodology: This study utilized a cross-sectional study design. The study participants were young street females aged between 10-24 years. The independent variables of the study were age, education level, occupation, marital status, and healthcare associated factors such as distance to the facility, and health care perspectives on reproductive health were assessed.
Informed consent was obtained from participants while assent was obtained from guardians for minors and persons in charge of street families.
Results: A total of 77 young street females were enrolled. Those aged ≤15 years were 10 (13%) while those aged ≥ 20 years were 48 (62.3%). The study established that participants aged between 16 to 19 years were less likely to report having had an RTI compared to those aged between 20 to 24 years (95% CI; 0.216 (0.070-0.671), p=0.006).
Majority had heard of RTI (62, 80.5%). Out of the fifty respondents (65%) who reported having ever experienced RTI in their lifetime, 36 (72%) sought treatment for the illness with 46 respondents (94%) seeking treatment after two days post-onset of symptoms. Additionally, the main first points of seeking treatment were pharmacies (21, 43%) and health facilities (25, 51%).
Conclusions: The study findings show there’s a high burden of STIs among young street females in Eldoret
Product Innovation and the Competitive Advantage of Telecommunication Companies in Kenya
Get PDFThe rapid expansion of the global market in the telecommunications industry has created intense competition that necessitates active market innovations. To survive, organizations must have a competitive advantage to stay ahead of the competition. Product innovation encourages business effectiveness and organizations are increasingly being compelled to create new products, upgrade, or improve existing product features to fulfill their clients\u27 needs and remain competitive. It is from this background that this study sought to establish the influence of market innovation on the competitive advantage of telecommunication companies in Kenya. Using a positivist philosophy, this study adopted an explanatory research design. The main data collection instrument was a structured questionnaire where 247 responses from mid and top level managers in a total of 26 active telecommunications companies in Kenya. The study used both descriptive and inferential statistics to interpret the data. From the study findings, it was established that new products, products upgrading, and improved product features have a significant influence on the competitive advantage of telecommunication companies in Kenya. This led to the conclusion that product innovation has a significant influence on the competitive advantage of telecommunication companies in Kenya. The study recommends a need to increase government funding and research missions from bodies like NACOSTI and other research firms, to support researchers involved in product innovation while at the same time tap into existing telecommunication companies for experimental purposes. The study faced limitations when visiting the field during the COVID-19 pandemic period encountering entry restrictions. All protocols were observed to overcome this obstacle. Some telecommunications companies were facing operational difficulties and could not particpate. Further studies for product innovation would perhaps suffice after the pandemic period
Defending Guardians of the Constitution against Ruinous Criticism: A Reply to Duncan O’kubasu
Get PDFCourt decisions on bail applications by governors who face prosecution over corruption related crimes have come under sharp criticism from those who believe orders barring the governors from accessing their offices during trial offend the law since they amount to constructive and unprocedural removal from office. One such critic is Duncan O’kubasu who has penned a piece criticizing the decision of Lady Justice Mumbi Ngugi in the Moses Lenolkulal Case. This paper responds to that criticism by highlighting several flaws in the arguments presented by O’kubasu. He starts by understating the threat that corruption poses to the Kenyan society as the basis for undermining the inter-agency collaboration to address the vice, as well as the Judiciary’s own efforts as part of that collaboration. The rest of his arguments are founded on the wrong question, that is, whether the governors facing trial should be removed from office. Beyond these foundational errors, the rest of the paper contains a number of errors that culminate in his flawed conclusion that the decision amounts to ruinous judicial activism. When looked at in the context of the constant blame the Judiciary has faced in recent years when it has been labelled as the weakest link in the fight against corruption as well as the quest of the Kenyan people for ethical leadership, this paper argues that the decision is sound and Judges like Mumbi Ngugi J ought to be celebrated for sticking their necks out in defence of Chapter Six of the Constitution of Kenya
Determinants of Utilization of Early Infant HIV Diagnosis Services at Kericho County Referral Hospital, Kericho County, Kenya
No full textHIV and AIDS has become a health challenge globally. It is a major cause of infant and childhood morbidity and mortality in Africa. This research was a cross sectional analytical survey to assess the determinants of utilization of Early Infant Diagnosis (EID) at Kericho County Referral Hospital (KCRH). Data was collected using pretested questionnaires, administered to the postnatal HIV positive mothers and or caretakers of HIV exposed children. Data was analysed using SPSS software version 18.0. Data was analysed using Chi-square and Logistic Regression analysis. Of the 254 respondents, 201 (79.1%) were biological mothers to the children, the rest were caretakers. The children were aged between 1 and 18 months with a mean age of 9.62 months. Majority of the respondents had adequate knowledge of adult HIV infection with regard to what HIV is, routes of transmission, diagnosis and treatment. Knowledge of paediatric HIV infection was however inadequate with only 132 (52%) respondents who knew the approximate rate of HIV transmission from mother to child and 130 (51.2%) who knew about the availability of paediatric Antiretroviral (ARV) drugs. Both adult and paediatric HIV knowledge was better with increasing level of education. The younger respondents were also more knowledgeable than the older ones. The children who had utilized EID were only 75 (29.5%). The significant determinants of EID utilization included: the level of education (p=0.002), the place of delivery (p<0.01), the age of the respondent (p=0.008), the distance to the nearest healthcare facility that offered EID (p=0.004) among others. The most significant determinants of EID utilization were the level of education, accessibility and the age of the respondents. In conclusion, EID utilization is still low in Kericho County. This study recommends that improving maternal education would improve EID uptake