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Backlash Against ISDS: A Case for a Sustainable Development Approach to Investment Arbitration for Developing Countries
Get PDFOver the years, Investor-State Dispute Settlement (ISDS) has spurred a lot of controversies on its legitimacy and integrity. The criticisms mainly stem from the obscuring effect of ISDS on legitimate government regulation and the adventurist manner in which arbitral tribunals interpret substantive rights favouring foreign investors. This, in turn, has resulted in a backlash by States which is illustrated through various forms ranging from withdrawal from traditional Bilateral Investment Treaties (BITs), the development of new era BITs, to extremities of eliminating ISDS all-together. Although there are plausible reforms that have been adopted, the system is still a work in progress. Mechanisms must be incorporated to strike a balance between promotion and protection of investment and the sovereign right of the State to regulate investment in the public interest. Innovation and the adoption of regulatory tools that meet individual States developmental needs will play a focal role in attaining a comprehensive International Investment Agreements (IIAs) reform. This paper argues that a paradigm shift from the competing interests of States and investors to a sustainable development approach will achieve a necessary balance in ISDS taking into account the interests of all stakeholders involved in investment arbitration
Protecting the Integrity of the Electoral Process, or, Obfuscating the Electoral Process? A Response to Walter Khobe Ochieng’s “The Promise of the Maina Kiai Judgement” in Light of the Subsequent Supreme Court Jurisprudence in Raila Amolo Odinga & another v Independent Electoral and Boundaries Commission Chairman (IEBC) & Others
Get PDFThis paper is a reply to Walter Khobe’s article which interrogates the Maina Kiai judgment and its promise in relation to safeguarding the integrity of the presidential election result. Whereas Khobe holds the view that the Maina Kiai decision resulted in creating a positive perception on the fairness of the elections and the legitimacy of electoral outcomes, this paper questions this optimism and argues that rather that creating clarity on the role of the Chairman in verification of presidential election results, the Supreme Court succeeded in further obfuscating the law on this important issue
Predictors of Pregnancy Timing among Women in the Reproductive Age attending Maternal and Child Health Clinics in Kajiado County, Kenya
No full textMaternal age during pregnancy has an influence on the pregnancy outcome. The objective of the study was to investigate the predictors of pregnancy timing among women in the reproductive age attending maternal and child health clinics in Kajiado Central Sub-county. The study employed a cross-sectional analytical study design that used a quantitative approach for data collection. A total of 248 systematically selected women attending maternal and child health clinics participated. The Chi-square test was used to analyze the association between the independent and dependent variables; P < 0.05 was considered significant. Data analysis was based on the USAID recommendation that, to prevent the adverse maternal and child health outcomes; women should delay the first pregnancy until at least the age of 18 years. The predictors of pregnancy timing were found to be; study participant’s formal education level (χ2 = 47.493; df = 4; p = 0.000), spouse formal education level (χ2 = 39.399; df = 4; p = 0.000), study participant’s occupation (χ2 = 22.966; df = 6; p = 0.000), spouse occupation (χ2 = 16.429; df = 5; p = 0.006), female genital mutilation (χ2 =22.757; df = 1; p = 0.000) and spouse approval (χ2 =15.234; df = 1; p = 0.000). The study concludes that there were individual and sociocultural factors that influence the age at which pregnancies occurred. Therefore, the need for reproductive health care stakeholders to design, plan and implement interventions with consideration to the predictors of pregnancy timing
Influence of Team Conflicts on Collaborative Value within Ashoka Fellows\u27 Organizations in Africa: The Mediating role of Intra-Organizational Social Capital
No full textTeam conflicts result from an incompatible interaction among team members due to real or perceived differences, and its effect varies with fundamental aspects of the group setting.
This study investigated how both relationship and task conflicts impacted how the Ashoka team members interacted within and with other teams as collaboration is crucial in today\u27s interconnected world, where many new organizational forms, such as strategic alliances, public-private partnerships, and networks, are necessary
The study also confirmed that team conflicts have a significant effect on collaborative value. Also confirmed is that Intra-organizational social capital is a significant mediator between team conflicts and collaborative value. A unit change in Team Conflicts significantly changes Collaborative Value within Ashoka Fellow Organizations in Africa by 33.6 % after mediation, an increase of 9.8%.
Since conflicts are common in teams, the study recommends that team leadership incorporates intra-organization social capital to increase their collaborative valu
International Human Rights Law versus International Humanitarian Law in Situations of Armed Conflict: A Critique of Invocation of the Doctrine ‘Lex Specialis Derogat Legi Generali’ with Reference to the Duty to Protect Life
Get PDFThis paper examines the interplay between international human rights law and international humanitarian law especially in situations of armed conflict. When this overlap occurs, the general position in international law is that international human rights law shall apply in times of peace as ‘lex generalis’, or general law, while international humanitarian law shall apply in situations of armed conflict as ‘lex specialis’, or special law, thereby displacing or keeping in abeyance general law. The position is reliant on the doctrine ‘lex specialis derogat legi generali’ meaning that special or specific law suspends general law. The paper, therefore, examines the appropriateness of using the doctrine ‘lex specialis derogat legi generali’ in situations of interplay between the two fields of international law, especially when it comes to the question of the sanctity of life. With reference to the duty to protect life, the paper notes that, the doctrine of ‘lex specialis’ does not adequately clarify the coordination which must desirably exist between the two fields of international law, and in any case it places limits on protection of victims. The paper argues, therefore, that, a well-coordinated application of international human rights law and international humanitarian law is vital to ensuring adequate protection of victims during all situations of armed conflict, because the general trend in the world today is to move towards broader protection of victims, and not towards limitation. In conclusion, therefore, the paper advocates for the need to substitute the ‘lex specialis’ doctrine with a more coherent theory which balances the reality of conflict with the respect for humanity and protection of life
Impact of Health Promotion Intervention on Perception and Knowledge on Cervical Cancer and Screening among Women in Kirinyaga County, Kenya
No full textCervical cancer is a major cause of death among women in the world with majority of the deaths occurring in developing countries like Kenya. Developed countries have organized screening that has helped in the early detection and screening of cervical cancer, in turn reducing mortality from the disease. There is a need to assist the women at risk to enroll into a routine cervical cancer screening program. This study assessed the impact of health promotion on individual perception and knowledge on uptake cervical cancer and screening among women at risk in Kirinyaga Central sub-county in Kirinyaga County, Kenya. The study adopted a randomized control study design with a sample size of 206 women aged between 25- 69 years were proportionately distributed in in the 4 wards. Respondents were randomized into control and intervention arms. Both qualitative and quantitative data was collected. Analysis was done using, thematic content for qualitative data; descriptive statistics was used to summarize categorical variables. Bivariate analysis using the Fisher exact and Chi-square was also applied. Factors with a p<0.05 were further analyzed in multivariate analysis. Respondents who had a high perception of being susceptible to cervical cancer were 4.26 times most likely to attend cervical cancer screening than those who did not. Respondents who had a high perception of cervical cancer being a serious disease were 3.46 times more likely to adhere to cervical cancer screening compared to those who did not. This study recommends to the management of Kirinyaga County and Kerugoya County Referral Hospital to provide health education through provider initiated calls through the mobile phone technology with the aim of bringing positive perception on importance of cervical cancer screening
Influence of Directive Leadership Style on the Innovative Behavior of Senior Managers in the Manufacturing Sector in Kenya
Get PDFThis study sought to determine the influence of directive leadership style on the innovative behavior of senior managers in the manufacturing sector in Kenya. Positivism research philosophy and descriptive correlational research design were used. The target population comprised of 802 senior managers in manufacturing firms in Kenya. Stratified random sampling method was used to determine a sample size of 267 senior managers from the total population. Structured questionnaires were used to collect primary data and a response rate of 85% was achieved. Descriptive statistical analysis techniques used were percentages, means, and standard deviations. Inferential statistics used for data analysis included; Pearson’s correlation, Chi-square, Analysis of Variance (ANOVA), and Ordinal Logistic Regression. The Statistical Package for Social Sciences (SPSS) version 22 was used as the data analysis tool for this study.
The ordinal logistic regression (Nagelkerke Pseudo R-square) results showed that directive leadership style explained 4.4% of the variance in innovative behavior (R2 =.044). The goodness-of-fit results showed that there was a good fit between the observed data and the hypothesized model, [X2(22, N = 228) = 0.008, p =1.000, p>.05]. The parameter estimates results revealed that directive leadership style positively and significantly predicted innovative behavior (β =.626, p =.003, p<.05), thus rejecting the null hypothesis that directive leadership style does not significantly influence the innovative behavior of senior managers.
This study concludes that directive leadership style influenced the innovative behavior of senior managers. The findings of this study will provide knowledge to the leaders in the manufacturing sector on the influence of directive leadership style on the innovative behavior of senior managers, to improve their performance. The study recommends that further research should be conducted on the influence of directive leadership on innovative behavior in small-scale manufacturing organizations in Kenya
Accelerators of Depth in Nascent Derivative Markets: Case of Nairobi Securities Exchange (NSE)
Get PDFThe Kenyan derivatives market is at nascency which raises doubt on its depth in the short term and hence the urgency for intervention. This paper examines the factors that would accelerate the market depth 154 days after its inauguration. We quantify the effect of hypothesized accelerators of derivatives market depth using granger causality and Autoregressive Distributed Lags model for the first 30 weeks of trading. We examine the effect of size of the underlying cash market, volatility and liquidity of the underlying spot market on the market depth of single stock futures and equity index futures. We employ Granger Cointegration Test, Johansen Cointegration Test and Autoregressive Distributed Lag Model (ARDL) and Error Correction Model as statistical inferences methods. We then conduct a communicative validity of the results with 32 key informants who directly interact with the derivative market and use their qualitative responses to enrich our findings and recommendations. Empirical results show that the size of the underlying cash market, volatility and liquidity of the underlying spot market does not accelerate the derivatives market depth. We find that the answers to acceleration lie in introduction of derivative products whose underlying assets are widely traded such as currency and agricultural commodities in addition to undertaking more market literacy and awareness efforts
The future of Children and Teenage Ministries in Kenyan Churches: Fear of an Emergence of a Generations without a solid Christian Foundation after COVID-19 Pandemic
Get PDFThe COVID-19 pandemic has impacted every part of the World. It brought unfortunate consequences; unexpected deaths, sudden unemployment, strain on healthcare systems, economic near collapse and the worst of all is the unprecedented disruption in places of worship. On the 13th of March 2020, the government of Kenya ordered an immediate closure of Churches as a containment measure against the spread of the pandemic. As at March 26th 2020 millions of children and adolescents in 165 countries were affected by the closure. Due to high level of vulnerability, children and the elderly were advised to stay at home to avoid risk of exposure. This move forced the Kenyan church leaders to navigate through unfamiliar territory of adopting new ways of doing ministry through online platforms such as Facebook, YouTube, Zoom, and Church Websites and Televisions to offer spiritual services such as preaching, discipleships, follow-ups, fellowships and even visitations to all groups’ children, teens, youths and adults. This study sought to establish which of the groups in the churches did not receive adequate or specific attention during the COVID-19 pandemic. The research was carried out on 22nd May through 20th June 2020. The study used survey research design, a valuable tool of assessing the attitudes, opinions and trends of church leaders. An exponential non-discriminative snowball sampling technique was used to identify respondents. 429 (n) pastors and church leaders from 33 Counties of Kenya and among 161 denominations participated in the study. The online survey was hosted by US-based data company SurveyMonkey Inc. that processed and analyzed the data. The study findings indicated that Children between the ages of 0- 11 years (64.57%) and Teenagers between the ages of 12- 19 years (30.77%) received inadequate attention. The knowledge gained in this research is helpful for churches and various denominations to formulate appropriate and practical methods of effectively ministering to the children and teenagers even in seasons of crises
Effect of Cultural Dimensions Practiced in Kenya on Strategy Implementation among Professional Bodies Registered by the Association of Professional Societies of East Africa
Get PDFThe study sought to establish how strategy implementation was effected within professional bodies registered with the Association of Professional Societies in East Africa (APSEA) in Kenya.
Through descriptive study design, the research applied a convenience sampling method to interrogate 28 registered professional bodies in Kenya using a structured questionnaire. Out of 168 questionnaires shared across the professional bodies, 132 fully responded questionnaires were returned. Results were processed using linear regression model to establish the effectiveness of strategy implementation within the professional bodies using Statistical Package for Social Sciences program. Results indicated the constructs for strategy implementation against 4 culture dimensions clan, adhocracy, market and hierarchy; produced beta values of .245, .249, .263 and .281 with p<.05 indicating a significant increment whenever each dimension was applied. Further research is recommended to establish if strategy implementation can prevail in an environment not adopting any of the 4 cultural dimension