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    The Influence of Marketing Mix Strategies on the Sales Performance of Small Scale Bixa Ollerana Farmers in Kwale County, Kenya

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    The main aim of this study was to assess the influence of marketing mix strategies on the sales performance of Small Scale Bixa Ollerana farmers in Kwale County, Kenya. The specific objectives were; to examine the influence of product, pricing, placement and promotion on sales performance of Small Scale Bixa Ollerana farmers in Kwale County, Kenya. The study was based on the following theories; Consumer Utility Theory, Theory of pricing, AIDA model and Distribution Channel Theory. The study adopted descriptive research targeting 2,419 Bixa farmers registered by the Ministry of Agriculture in Kwale County. A sample size of 106 farmers was drawn using simple random sampling technique. The study used structured questionnaire to collect the required data from the respondents. The study used descriptive statistics such as means, standard deviation and percentages and inferential statistics using Regression Analysis. The study established that individually, apart from placement strategy, product, price and promotion strategies influenced the sales performance of small scale Bixa Ollerana farmers in Kwale County. Overall, when the four marketing mix strategies were combined in multivariate-regression, only promotion strategy influenced the sales performance of small scale Bixa Ollerana farmers in Kwale County, Kenya. The interaction of the moderating effect of Government policy on Bixa Ollerana value chain did not change the relationship between marketing mix strategies and sales performance of small scale Bixa Ollerana farmers. Promotion mix strategy remained the only marketing mix strategy (r = -0.286, p = 0.000<0.05) that influenced the sales performance of small scale Bixa Ollerana farmers in Kwale County, Kenya. The findings from the study will be of importance to practice, marketing scholarship and Ministries of Industry, Trade and Cooperatives and Agriculture on Policy formulation for local and international marketing of Bixa Ollerana products. The study recommends that the Government of Kenya puts in place a policy framework now that Bixa Ollerana is a scheduled crop, to regulate and promote its production, processing and marketing

    Innovation Benefits of Software Patents in Kenya

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    Globally, it is generally accepted that the legal protection of creations of the human mind, such as software, should contribute to technological innovation. In Kenya, software is ordinarily regarded as literary work and therefore protected by way of copyright. Recently, however, there have been suggestions that software should be patented. This raises the problem of whether and how the tension between copyright and patent protection of software can be resolved in a manner that is just, fair and reasonably proportionate to the highly desirable goal of incentivising production and dissemination of technology. This study examines the extent to which software patents in Kenya might be appropriate in light of both the nature of software and the need to foster innovation. Using the capabilities approach as the basic theory and comparative methods, the study finds that patents provide better protection for the idea embodied in software than does copyright and this is in exact accordance with the capabilities Kenyan’s would like the protection to provide for them. It recommends that Kenya should consider improving its intellectual property regime by making provisions for patentability of software or some sui generis right akin to software patents in order to aid in fostering innovation

    Corporate Restructuring: Towards More Informal and Flexible Models

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    A corporate entity which is in financial distress can resolve its predicament in two broad approaches. The first is by engaging in a formal bankruptcy procedure, which commonly involves a court, and enables the debtor to deal with creditors collectively. Alternatively, it can engage in an out of court restructuring based around negotiations with individual creditors. This article focuses on the engagements of corporate restructuring outside the formal statutory insolvency procedure and in particular prenegotiated deals, private workouts and pre-packs. The first section of the article provides a background to the out of court restructuring and underscores the many advantages it holds as compared to the formal insolvency proceedings. It then explores the development and usage of selected informal approaches to corporate restructuring. It concludes with an analysis of the place of informal strategies in Kenya. It is argues for the need to develop a functional equivalent of a workout which allows for the possibility of having mechanisms tailored on realities of a developing economy. However, having an effective workout is hugely dependent on the existence of reliable formal mechanisms to at least act as a threat of enforceable legal approach, and the weaknesses inherent in the Kenya formal mechanisms may be an impediment

    A Tale of Judicial Courage: Lady Justice Mumbi Ngugi’s Bravery that Gave Back Some Life to the Dying Edicts of Chapter 6 of the Constitution

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    This paper responds to and critiques the foregoing paper by O’kubasu: “Ruinous Judicial Activism: What a Solemn Scrutiny of the Ruling of Justice Mumbi Ngugi in the Moses Kasaine Lenolkulal Case Reveals.” The author argues that contrary to the assertions by O’kubasu, the ruling, which barred Lenolkulal from accessing his office, did not seek to have the governor step aside, like other public officers, neither did it remove him from office as contemplated by Article 181 of the Constitution and section 33 of the County Government Act. The condition was/ is reasonable and fits perfectly within Articles 24, 27, 49(1) (h) and 50 of the Constitution and therefore is legal and proper. Having noted the magnitude to which corruption levels have grown, in spite of an impressive array of existing laws and institutions to fight it, and the ascent to public office by persons with unresolved issues of integrity, it is argued that the decision of Mumbi J in the Lenolkulal case is not only a brave stand for the values of Chapter Six and the Rule of Law, but it also provides an opportunity to further salvage Chapter Six of the Constitution, which has for a long time been on its death bed. With the decision having been relied on in other cases, it is hoped that Chapter 6 of the Constitution shall fully resurrect and give a beacon of hope for the continued constitutional transformation of the democracy that is Kenya

    Kenya’s Gubernatorial Impeachments: Superior Courts as Guardians against Abuse of Power

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    The Constitution of Kenya, the County Governments Act and the Standing Orders of the respective County Assemblies and Senate provide for the scope of the constitutional grounds and the actual procedure for removal of county governors. A transparent procedure for the removal of governors is vital to avoid unnecessary political uncertainties and controversies. The removal process is quasi-judicial with two political bodies: respective County Assemblies and Senate playing an active role. The significance of the role of the superior courts in the removal process cannot be overemphasised. Superior courts have jurisdiction to interpret the Constitution and other laws, check whether the grounds for impeachment have been substantiated and the procedure for removal rightly followed while protecting the rights of persons subjected to a removal process. The Kenyan experience has shown that the impeachment processes are prone to political uncertainties and controversies, and abuses by both the respective County Assemblies and Senate. Most of the impeachment proceedings, so far, have breached the laid down procedure and have been based on unsubstantiated charges. In certain instances, superior courts have been called upon to correct the abuse of powers by the political bodies. To what extent have the superior courts been effective in their supervisory role of checking against abuse of power in this regard? This article unpacks the sui generis (political, constitutional, and quasi-judicial) nature of the impeachment process, and demystifies the role of superior courts as the guardians against abuse of powers by the respective County Assemblies and the Senate

    Public Participation in Budget Making Processes in County Governments in Kenya

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    This paper discusses the legal and administrative framework for public participation in budget making process in County Governments in Kenya. It seeks to address three research questions: First, what is the conceptual, legal and administrative framework for public participation in budget making in Kenya county governments? Second, is the existing framework for public participation in budget making effective? Third, what lessons can Kenya learn from Brazil and South Africa

    Re-Visiting TV Soap Opera Viewership in a Changing Broadcasting Dispensation in Nairobi

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    This study rekindles the soap opera audience viewing debate in a digital broadcast environment within the Kenyan television programming context. In a mixed-method approach,415 participants were interviewed on their preferences of 21 regularly scheduled soap operas in 5 leading Free to air TV stations in Kenya, In addition, 57 participants were purposively identified for FGDs. The study employed the uses and gratification framework. The findings are that even with a new broadcast dispensation and a myriad of programming, the selection and viewing of soap operas are still paramount. The viewers select to watch soap operas with storylines and performance they perceive as believable and genuine. The domestic audience is attracted to watch foreign soap operas over the local productions because of their better storytelling skills and characterization. The study recommends scripting workshops for domestic producers and the development of screen acting centers of excellence.  There is also a need to tweak the 60% local content quota policy to incorporate creative aspects. Regular promos of the domestic soap operas within the broadcast schedules would also boost their uptake

    Multisystemic Therapy Intervention for Adolescent’s Girls with Conduct Disorder Incarcerated in Selected Rehabilitation Centers in Kenya

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    he aim of this paper is to show efficacy of Multisystemic Therapy (MST) on conduct disorder among juvenile girls incarcerated in rehabilitation centers in Kenya. The study investigated effectiveness of MST on conduct disorder. It is important to note that behavioral and emotional problems are among the main occurring mental disorders among juvenile girls incarcerated at Kirigiti and Dagoretti rehabilitation centers. The study sample hada total of 78 purposely selected girls in the two rehabilitation centers. Social demographic questionnaires and Achenbach Youth Self – Report were administered to the respondents. The prevalence of conduct disorder was 55.%. In the experimental group, the study shows statistically significant difference in mean difference scores at both post-treatments one and two (p<0.001). This therefore is an indication that MST had an impact on post treatments one and two among the juvenile delinquents in the experimental group as opposed to control group. The results provide significant insights into effectiveness of MST on conduct disorder among juvenile girls incarcerated in rehabilitation schools

    Determinants of the First Antenatal Care Visit among Pregnant Women Attending Tenwek Hospital, Bomet County, Kenya

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    Pregnancy in itself poses a risk of complication to every individual mother carrying it from conception to postnatal period. Therefore antenatal care Clinic (ANC) is recommended to identify these complications early and adequately managed through timely ANC visits.Late attendance of first antenatal visit is a common problem in developing countries making it difficult to achieve the targeted maternal mortality to a ratio below 70 per 100000 live birthsand newborn deaths to 12 per 1000 live birth by 2030. This study aimed at investigating determinants of first ANC visit among pregnant mothers attending antenatal clinic at Tenwek Hospital. The main objective was to explore maternal individual reasons that determine the timing of the first antenatal visit. This was a qualitative study that utilized a phenomenological study design. Homogeneous purposive sampling was used to sample mothers coming for initial ANC clinic during the current pregnancy. In-depth interviews were used to gather data from the participants. Data analysis was done using the open coding process suggested. It was notable that the results were in line with the objectives that were studied. The following themes were derived from the data: Economic reasons, hospital service provision, fear, cultural Factors and misconceptions about ANC by other women. The study participants seemed not to be well informed of the stage of pregnancy when the initial ANC visit should be made. This study recommends the need for hospital management to provide health education to mothers concerning the importance of ANC attendance and to organize strategies to prevent long queues at the hospital. Further, community leaders should create awareness through administrative "barazas" and employ community-owned resource person strategy in following-up expectant mothers in the community and motivating them to attend ANC. The community leaders and resource persons need to motivate pregnant women to attend ANC clinics

    Teachers Perceptions of the Influence of Male Circumcision on academic performance of the Boy Child in Baringo County, Kenya.

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    This paper investigated teachers’ perceptions of the influence of male circumcision on academic performance of the boy child in Baringo County, Kenya. Circumcision is considered an important rite of passage among the Tugen people residing in the County. Every year during the December holidays, all male boys undergo the traditional rite. The influence of this rite on academic performance of the boy child has not been investigated yet from anecdotal evidence, it has been known to affect class attendance and discipline of the boy child and in some cases leads to drop out as the initiates are considered adults who may marry and start families. Teachers are important stakeholders who hold key information on the influence of this rite of passage on the academic performance of the boy child and it was considered necessary to obtain their views. This was done by means of a self administered questionnaire. The target population was the teachers from Baringo County who attend part- time holiday tuition at a local university. 10 teachers were sampled. Frequencies and percentages were obtained. Results indicated that pupils academic performance and discipline was affected by the circumcision ceremonies. However, teachers did not support the view that pupils should drop out of school to get married nor should they be given special treatments because of their new status

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