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Investment Regulation in the East African Community: Community and Domestic Legal Regimes
Get PDFInvestment regulation is a driver of investments globally. Some key principles are universally expected by investors – equal treatment, facilitation, licensing, repatriation, protection from expropriation and dispute resolution. The investment regulations in the EAC cover all these
Developing Jurisprudence beyond the Horizon: A Critique of the Supreme Court of Kenya Decision in Raila Amolo Odinga & Another v IEBC & Others (2017)
Get PDFThis paper scrutinises the Supreme Court decision that nullified Kenya’s presidential election in 2017. It emphasises that, thanks to judicialisation of politics in Kenya’s current constitutional era, the judiciary is placed at the centre of resolving electoral disputes. Basing arguments on articles 20 and 38 of the 2010 Constitution, the paper draws attention to the shortfalls in the Supreme Court’s reasoning in its decision to nullify the election. It is suggested that, a proper right-centric approach, one that is conscious of the people’s sovereign will in a political democratic process, would have led the court to question whether the election result expressed the will of the electorate. Thus, it is argued that the precedent’s standard on nullification of an election has proved inadequate and has eroded the institutional integrity of the Court. With an eye on the next general elections, recommendations are made on how the Supreme Court may improve this condition
A Reinforcement Learning Approach to Service Based User Admission in a Multi-Tier 5G Wireless Networks
Get PDFThe expected massive connectivity in 5G wireless network is bound to become a challenge to service providers. Many services over the 5G network will be aligned to a particular radio access network (RAN). As a result admitting a service based user to a particular RAN will depend on the most efficient radio access technology selection (RAT). This is because 5G network will adopt multi-tier radio access networks ranging from high power macro base stations to extremely low power Bluetooth connectivity. Selection of a service oriented RAT is critical because some wireless services have superior quality of service under certain RATs. Maintaining efficient RAT selection by network operators will improve power allocation efficiency, bandwidth allocation efficiency and operation expenditure. The complexity of associating a RAT to service based user while considering network state such as service packet size, the turnaround time, the power allocation has not been fully explored. In this paper we propose a reinforcement learning approach to user admission based on efficient RAT selection considering wireless services in a cross tier wireless radio access network domain. The proposed algorithm is expected to improve RAT selection efficiency while minimizing the computation complexity. We perform extensive simulation using Python dynamic libraries and present our results alongside existing approache
Recognition of Qualifications in Law Earned in an East African Community Partner State: Kenya\u27s Practice
Get PDFThe Treaty for the Establishment of the East African Community secures specific rights for nationals or citizens of Partner States. These rights include freedom of movement within the Community. In exercise of this freedom, Kenyan nationals have been granted access to training institutions in other Partner States from which they have earned academic and professional qualifications in law. The qualifications are recognised by the host Partner States as being sufficient for accessing the profession of an advocate within their territories. The Protocol on the Establishment of the East African Community Common Market provides for harmonisation and mutual recognition of academic and professional qualifications. Partner States undertook to mutually recognise qualifications granted, experience obtained, requirements met, licences or certifications granted in other Partner States. Harmonisation and mutual recognition of qualifications should be undertaken in accordance with annexes to be concluded by the Partner States. No annexes have been concluded. In the absence of a mutual recognition framework, Kenyan nationals who have earned qualifications in law in other Partner States are subjected to additional requirements in violation of the Treaty. Kenya cannot renege upon her obligations under Community law and must refrain from any acts which would frustrate the objects of the Treaty
Forgive Them, as They Do Not Know What They Are Saying: A Passing Thought about Chapter Six in Reply to Owiti and Ogutu’s Responses .
Get PDFThis brief response considers the rejoinders to the paper titled “RuinousJudicial Activisms: What a Solemn Scrutiny of the Ruling of Justice MumbiNgugi in the Moses Kasaine Lenolkulal Reveals.” It examines the responsesit has elicited to identify areas of convergence and divergence both withthe paper and with each response. In the end, it suggests that jurists shouldlook at the purport of Chapter Six of Kenya’s Constitution, as it now stands,not in one way only as there can be temptations to misuse it
Towards Universal Health Coverage: An assessment of the Healthcare system in Kenya between 2017 -2020
Get PDFThis paper explores the universal health coverage (UHC) in Kenya through the lens of its potential to progressively realize the constitutional promise of the right to the highest attainable standard of health. The health sector in Kenya has experienced tremendous changes since the government piloted the UHC program in four counties that led to the abolition of all fees, more than 200 community health units launched, 7700 community health volunteers with over 700 health workers recruited (MOH, 2020). Still, the government is in the process of scaling up UHC, reforming the national hospital insurance fund (NHIF) to establish a mandatory universal health coverage scheme. This paper sought to examine the framing of UHC; assess the healthcare system between 2017 -2020; investigate the challenges faced in the implementation of UHC in Kenya. The researcher utilized documents analysis to collect the relevant data using a coding schedule. A purposive search was undertaken to identify key policy documents and relevant documents. 18 documents were sampled. The findings reveal that Kenya’s healthcare facilities index stands at 59%, with a density of 2.2 per 10,000 population, the workforce density is at 15.6/10,000. Four counties including Tharaka Nithi (33.8), Nyeri (31.0), Uasin Gishu (28.2), and Nairobi (26.3) have achieved well above the WHO target. Several strategies and programs such as Afya Care, abolished maternity fees for mothers delivering at public facilities, and expansion of the National Health Insurance Fund, has been initiated to drive the UHC agenda. The Ministry of Health’s (MoH) budget also continues to rise, in 2018/19 the MoH received its largest allocation. Kenya, now more than ever, has an opportunity to accelerate progress towards equitable access to healthcare
Youth Right to Political Participation under International Human Rights Law
Get PDFThe call for an increase in youth participation in politics and governance globally is a recurring decimal in both national and global issues. Some states like Kenya have yielded to the call by constitutionally guaranteeing full political rights to all youths. Countries like Nigeria have limited full political rights to some youth while other youth’ political rights are grossly limited to only the right to vote. Thus, this article interrogates the contours and the contents of the right to political participation of youths under international human rights law. It, however, focuses on the African human rights system and current development in Nigeria. It contends that youth right to political participation should not be different from that of other adults in any state. It argues that the practice of most states in Africa where they give different conditions for the exercise of political rights between youth and other adults in the society is against their obligations under international human rights law. It also amounts a flagrant violation of the right to political participation of youths. It further contends that all political rights should be treated as inseparable twins, in that, all adults citizen who are entitled to either of the rights should equally be entitled to all the other political rights. All persons within the age of majority in any country must be allowed to exercise and enjoy their full political rights without discrimination on the basis of age, disability or other status
Moderating Role of Management Commitment on the Value Co-creation Relation with Achievement of Competitive Advantage in Kenyan Financial Institutions
Get PDFThis study objective was to assess the moderating role of management commitment on co-creation and the achievement of competitive advantage in the financial services sector in Kenya. The theories that informed the co-creation were Dialogue, Access, Risk Assessment and Transparency (DART) and Payne’s Models, with positivism as the philosophy informing the methodology. The research design used was descriptive cross-sectional with a sample size of 340 managers working in financial institutions. A multi-stage sampling approach was used to attain the respondents in all the three clusters of financial service sectors in Kenya. The response rate was 92%, and the collected data attained the statistical assumptions for the multi-linear regression model. The result showed the management commitment as moderating variable significantly moderates value co-creation relation and the competitive advantage, R2 = 0.645, F (1, 297) =38.951, p-value <.05 with significant coefficient value of Management commitment (β = .366 t = 6.241, p<.05). The study reaffirms the importance of management commitment in the collaboration engagement as a catalyst to increased organizational performance and as a source of competitive advantage
The Jurisdictional Remit of the Supreme Court of Kenya Over Questions Involving the ‘Interpretation and Application’ of the Constitution
Get PDFThis paper interrogates the vexed question of the jurisdictional limits of the Supreme Court of Kenya under article 163(4)(a) of the Constitution of Kenya, 2010. That provision confers a wide jurisdiction to the Supreme Court whose reach is defined as limited to questions involving the ‘interpretation and application of the Constitution’. Contrary to claims by many commentators, this paper asserts that the Supreme Court of Kenya has not usurped jurisdiction that was not conferred upon it, rather, the court has remained faithful to the constitutionally prescribed jurisdictional frontiers in its work
Rethinking the Supreme Court’s Appellate Jurisdiction on Questions Involving Interpretation or Application of the Constitution: A Reply to Walter Khobe
Get PDFWalter Khobe in his article, ‘The Jurisdictional Remit of the Supreme Court of Kenya Over Questions Involving the ‘Interpretation and Application of the Constitution’ lauds the Supreme Court for adopting the unbound normative derivative doctrine to justify its enlarged jurisdiction under article 163(4)(a) of the Constitution, 2010 in matters arising from interpretation or application of the Constitution, including election petitions. Whereas I agree in principle that the doctrine is firmly embedded in the Constitution, I submit that invoking the doctrine as a means to exercise appellate jurisdiction specifically in election disputes is inconsistent with a holistic reading of the Constitution and election laws. Besides, the sui generis nature of election disputes and the capacity constraints of the Supreme Court, among other factors, militate against a blanket application of the doctrine in exercise of appellate jurisdiction in election petitions. In the end, I recommend that to foreground the broad transformative goals of the Constitution, the Supreme Court should decline any invitation to exercise appellate jurisdiction in election petitions, especially under article 163(4) (a)