32 research outputs found
Customary law jurisprudence from Kenyan courts: implications for traditional justice systems
No full textArticleFor a long time, the jurisprudence emanating from Kenyan courts has treated African customary law as an inferior source of law in comparison to formal laws. Consequently, certain customary practices and traditions that can foster social justice and peaceful coexistence amongst communities such as traditional justice systems had not been formally recognized in law. However, the 2010 Constitution recognizes customary law and the use of traditional dispute resolution mechanisms in resolving disputes. It also protects the culture and other cultural expressions of the people. This recognition is important because of the close interlink between traditional justice systems and customary law. In this paper, an examination of previous court decisions dealing with customary law is attempted to glean courts approach to customary law in the past and whether it can influence the application of traditional justice systems in enhancing access to justice. The paper posits that the way courts have interpreted customary law since the advent of colonialism may be a barrier to the application of traditional justice systems. A need therefore arises for courts to develop a jurisprudence that is supportive of customary law and traditional justice systems. A change of mindset and perceptions amongst judges, lawyers and the wider citizenry towards customary law is required if traditional justice systems are to contribute to enhanced access to justice for communities in Kenya.For a long time, the jurisprudence emanating from Kenyan courts has treated African customary law as an inferior source of law in comparison to formal laws. Consequently, certain customary practices and traditions that can foster social justice and peaceful coexistence amongst communities such as traditional justice systems had not been formally recognized in law. However, the 2010 Constitution recognizes customary law and the use of traditional dispute resolution mechanisms in resolving disputes. It also protects the culture and other cultural expressions of the people. This recognition is important because of the close interlink between traditional justice systems and customary law. In this paper, an examination of previous court decisions dealing with customary law is attempted to glean courts approach to customary law in the past and whether it can influence the application of traditional justice systems in enhancing access to justice. The paper posits that the way courts have interpreted customary law since the advent of colonialism may be a barrier to the application of traditional justice systems. A need therefore arises for courts to develop a jurisprudence that is supportive of customary law and traditional justice systems. A change of mindset and perceptions amongst judges, lawyers and the wider citizenry towards customary law is required if traditional justice systems are to contribute to enhanced access to justice for communities in Kenya
Sustainability in the financial sector in Kenya
No full textWorking paperAt the core of the concept of sustainability is the need to take into account the social,
economic and environmental concerns in development. Sustainability ensures that
economic growth takes into consideration social and environmental issues. In the
financial sector, sustainability is necessary due to the critical role played by the sector in
national development. In Kenya, financial institutions are financing investments in the
agricultural, manufacturing, housing, infrastructural, energy and extractive industries.
These investments have significant environmental and social impacts creating the need
for adoption of sustainable finance. In spite of this, initiatives aimed at sustainability
in the sector, are diverse and uncoordinated, and are therefore not likely to result in
tangible long term benefits for society, environment and the business community. A
synergistic approach to sustainability in the industry is thus imperative. The paper
proposes the adoption of a hybrid approach in implementing sustainable banking
in Kenya. The model would harness the positive attributes of market-driven and
compliance approaches to regulation. Such a model could have voluntary codes and
guidelines developed by the industry, and a regulator to enforce and ensure compliance
with those guidelines.At the core of the concept of sustainability is the need to take into account the social,
economic and environmental concerns in development. Sustainability ensures that
economic growth takes into consideration social and environmental issues. In the
financial sector, sustainability is necessary due to the critical role played by the sector in
national development. In Kenya, financial institutions are financing investments in the
agricultural, manufacturing, housing, infrastructural, energy and extractive industries.
These investments have significant environmental and social impacts creating the need
for adoption of sustainable finance. In spite of this, initiatives aimed at sustainability
in the sector, are diverse and uncoordinated, and are therefore not likely to result in
tangible long term benefits for society, environment and the business community. A
synergistic approach to sustainability in the industry is thus imperative. The paper
proposes the adoption of a hybrid approach in implementing sustainable banking
in Kenya. The model would harness the positive attributes of market-driven and
compliance approaches to regulation. Such a model could have voluntary codes and
guidelines developed by the industry, and a regulator to enforce and ensure compliance
with those guideline
Sustainable development and equity in the Kenyan context
No full textArticle published by Kenya LawEquity, particularly intergenerational and intragenerational equity, is central to the concept of sustainable development. The rhetoric of equity has been incorporated in sustainable development instruments and is already part of customary international law. In Kenya the right to a clean and healthy environment which inter aliaincludes the right to have the environment protected for the benefit of present and future generations has been codified in the legal framework and the courts have had occasion to interpret this right in the Kenyan context. Kenya has however adopted an anthropocentric definition and approach to sustainable development, which places a lot of emphasis on human beings thus ignoring the ecological perspective in sustainable development. The authors argue that the environment has a right to be safeguarded and protected not necessarily for the benefit of human beings but for ecological reasons.
This paper critically examines the principle of equity (intergenerational and intragenerational equity), and its centrality in the concept of sustainable development in Kenya. The intergenerational rights of future generations and of the environment are explored. Equally the intergenerational and intragenerational obligations of the present generations are assessed. The paper also discusses the extent to which equity has been incorporated into the Kenyan legal framework on environment and natural resources. It will also give Kenyan examples of natural resources that are rare and have been threatened by unsustainable use.
With the enactment of the new Constitution[1], the Environmental Management and Coordination Act No. 8 of 1999 and the Environment and Land Court Act No. 11 of 2011 it is hoped that sustainable development which is informed by equity will be attained. Achieving sustainable development means that the carrying capacity of the ecosystems will be conserved and protected and that the future generations will have an opportunity to enjoy the fruits of sustainable development. In order to attain these goals the requisite long-term measures have to be taken in conserving environmental and natural resources.
The authors argue that the policy, legal and institutional mechanisms put in place on how to fulfill our duties to the environment and future generations are not adequate as they are designed to handle problems of a short-term nature. The paper notes that most of the measures undertaken in Kenya in conserving environmental and natural resources are short-term and are not suitable in attaining intra and intergenerational equity. It also notes that most of the measures, policies and programmes geared towards attaining sustainable development are largely centered on human beings and thus do not adequately address ecological issues in the country.Equity, particularly intergenerational and intragenerational equity, is central to the concept of sustainable development. The rhetoric of equity has been incorporated in sustainable development instruments and is already part of customary international law. In Kenya the right to a clean and healthy environment which inter aliaincludes the right to have the environment protected for the benefit of present and future generations has been codified in the legal framework and the courts have had occasion to interpret this right in the Kenyan context. Kenya has however adopted an anthropocentric definition and approach to sustainable development, which places a lot of emphasis on human beings thus ignoring the ecological perspective in sustainable development. The authors argue that the environment has a right to be safeguarded and protected not necessarily for the benefit of human beings but for ecological reasons. This paper critically examines the principle of equity (intergenerational and intragenerational equity), and its centrality in the concept of sustainable development in Kenya. The intergenerational rights of future generations and of the environment are explored. Equally the intergenerational and intragenerational obligations of the present generations are assessed. The paper also discusses the extent to which equity has been incorporated into the Kenyan legal framework on environment and natural resources. It will also give Kenyan examples of natural resources that are rare and have been threatened by unsustainable use. With the enactment of the new Constitution[1], the Environmental Management and Coordination Act No. 8 of 1999 and the Environment and Land Court Act No. 11 of 2011 it is hoped that sustainable development which is informed by equity will be attained. Achieving sustainable development means that the carrying capacity of the ecosystems will be conserved and protected and that the future generations will have an opportunity to enjoy the fruits of sustainable development. In order to attain these goals the requisite long-term measures have to be taken in conserving environmental and natural resources. The authors argue that the policy, legal and institutional mechanisms put in place on how to fulfill our duties to the environment and future generations are not adequate as they are designed to handle problems of a short-term nature. The paper notes that most of the measures undertaken in Kenya in conserving environmental and natural resources are short-term and are not suitable in attaining intra and intergenerational equity. It also notes that most of the measures, policies and programmes geared towards attaining sustainable development are largely centered on human beings and thus do not adequately address ecological issues in the country
Traditional justice systems as sui generis frameworks for the protection of traditional ecological knowledge in Kenya
No full textA thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Commerce, Law and Management University of the Witwatersrand, Johannesburg, 2019Traditional ecological knowledge (TEK) has huge ecological, cultural and socio-economic value to TEK holders, and the society in general. Due to its value, and a multiple of factors including biodiversity loss, biopiracy, cultural deterioration and disruption of traditional resource management systems, TEK is being lost at an alarming rate thus warranting its protection. The protection of TEK has principally been sought within the prevailing intellectual property (IP) regime, and at times within human rights and environmental law frameworks. However, the ideological, conceptual and epistemological foundations, and orientation of existing legal and IP frameworks, make them inapt in protecting the holistic nature of TEK. Moreover, these frameworks are not shaped by the concerns, beliefs, worldviews and customary laws and practices of TEK holders. It is for this reason that this thesis investigates the appropriateness of traditional justice systems (hereinafter ‘TJS’) as sui generis frameworks in the protection of TEK in Kenya. Using Laura Westra’s tripartite framework of cultural, ecological and self-determination integrity, the thesis shows that an appropriate regime for TEK protection must secure the cultural, ecological and self-determination rights of TEK holders. The thesis argues that the obligation to protect TEK ought to be placed on custodial institutions such as TJS, which takes into account the multiple values of TEK to its holders and the integral links they have with the knowledge. Additionally, the thesis argues that due to the role played by TJS in asserting TEK holders’ rights, regulating access to and use of TEK, designing bio-cultural protocols, granting free prior informed consent, TEK inventorying, gazettement, restoration of lost knowledge and ecosystems, a TJS approach can be used in striking a balance between protection and safeguarding measures, and thus bridge the current protection gap. Notwithstanding the inadequacies of the IP regime in protecting TEK, the thesis concludes that a TJS approach will work well in collaboration with the IP regime and not in isolation since there are components of TEK that can still be protected within the IP framework. Three case studies of TEK holding communities in Kenya, namely Meru, Mijikenda and Ogiek are used to assess the prospects and appropriateness of a TJS approach in protecting TEK. The findings show that TEK is holistic and entails spiritual, socio-cultural, technological and traditional management systems dimensions. Consequently, TEK has ecological, cultural, and economic value, and is integral to the clamor for the right to self-determination by TEK holders. Additionally, the findings show that TEK holders are custodians with responsibilities over TEK to the communities and ecosystems in which it is used, and its protection cannot simply be a matter of conferring IP-like rights to custodians. Notably, the communities under study have traditional structures that they use in protecting TEK. These structures proffer what the thesis describes as a TJS approach that provides a holistic, bottom-up orm of protection that dovetails with Westra’s tripartite framework in the protection of TEK.TL (2020
Securing Land Rights in Community Forests: Assessment of Article 63(2)(d) of the Constitution
No full textMasters thesisForests provide environmental, socio-cultural and economic benefits to mankind. They are particularly important to forest dwellers and hunter-gatherers as they derive their livelihoods from there and consider them as their ancestral lands. Section 3 of the Forests Act 2005 defines forest communities as groups of persons who have a traditional association with a forest for purposes of livelihood, culture or religion or who have been registered as an association or other organisation in forest conservation. Access to forests by these communities has, however, been restricted by government policies inherited from the colonial powers, which were largely preservationist. Moreover, competing land uses over forest lands for human settlement, farming, industrial development, livelihood support for the forest dwellers, as carbon sinks and water catchment areas, is a major source of conflicts. This has impacted negatively on forest communities who traditionally had rights of access and control of forests which existed even if land belonged to a different legal entity. There have been efforts by government towards recognizing the rights of forest communities in Kenya.
These efforts culminated in the adoption of the Constitution of Kenya 2010 which in Article 61(2), recognizes community land. Community land is defined in Article 63(2)(d) to include land lawfully held, managed or used by specific communities as community forests, grazing areas or shrines; ancestral lands and lands traditionally occupied by hunter-gatherer communities or lawfully held as trust land by the county governments. This is an important development in securing the land rights of forest communities and access to forest and forest products. By reviewing relevant literature, laws and policies, this study sought to examine the treatment that such lands have received under formal laws in Kenya and the implications of protecting community land for forest communities in the Constitution 2010. It also sought to come up with proposals and recommendations on how to improve the laws to ensure adequate protection of the land rights of forest communities in Kenya. This is important because the multiple uses to which forests can be put into present a challenge in coming up with an appropriate tenure arrangement that secures competing interests, including those of forest communities. The methodological approach adopted in this study was a review of relevant literature on land and forests in Kenya. The qualitative data gathered was critically analyzed and evaluated in the context of the research objectives
Never be silent : publishing & imperialism in Kenya, 1884-1963
No full textSocial communications are central to any social struggle. There is a sizable body of literature from other countries on the use of oral medium, newspapers, books and other forms of communications being used as tools for organising against a powerful enemy, as a training ground for cadres and for clarifying and developing revolutionary theory, ideology, organisation and practice. All this ensures a greater unity among those resisting oppression and exploitation. Thus revolutionary and liberation forces of Bolsheviks in the Soviet Union, the Communist Party of China, and in Vietnam had developed theories and practices of revolutionary publishing as part of their revolutionary work. This has also been the case during anti-colonial and anti-imperialist struggles in Africa, but very little of this has been systematically documented as an aspect of revolutionary communications policy and practice. While the
colonial communications systems have been reasonably well documented, the resistance communication systems remain largely undocumented and ignored. This book is an initial attempt to document this dynamic communications process in Kenya with its external struggles against colonialism and its complex internal struggles with overlaying divisions of race and class, Kenyan and foreign peoples. The main theme emerging from this experience is that people struggling to change their society always find ways of establishing their own system of communicating with the people they lead
and by whom they are led. Their mission of revolution, of change, of peace, of social and economic justice requires that they should never be silent. This was well understood and practised by the liberation forces in Kenya. They
were never silent
Pyrethroid susceptibility of malaria vectors in four Districts of western Kenya.
No full textBACKGROUND: Increasing pyrethroid resistance in malaria vectors has been reported in western Kenya where long lasting insecticidal nets (LLINs) and indoor residual spraying (IRS) are the mainstays of vector control. To ensure the sustainability of insecticide-based malaria vector control, monitoring programs need to be implemented. This study was designed to investigate the extent and distribution of pyrethroid resistance in 4 Districts of western Kenya (Nyando, Rachuonyo, Bondo and Teso). All four Districts have received LLINs while Nyando and Rachuonyo Districts have had IRS campaigns for 3-5 years using pyrethroids. This study is part of a programme aimed at determining the impact of insecticide resistance on malaria epidemiology. METHODS: Three day old adult mosquitoes from larval samples collected in the field, were used for bioassays using the WHO tube bioassay, and mortality recorded 24 hours post exposure. Resistance level was assigned based on the 2013 WHO guidelines where populations with <90% mortality were considered resistant. Once exposed, samples were identified to species using PCR. RESULTS: An. arabiensis comprised at least 94% of all An. gambiae s.l. in Bondo, Rachuonyo and Nyando. Teso was a marked contrast case with 77% of all samples being An. gambiae s.s. Mortality to insecticides varied widely between clusters even in one District with mortality to deltamethrin ranging from 45-100%, while to permethrin the range was 30-100%. Mortality to deltamethrin in Teso District was < 90% in 4 of 6 clusters tested in An arabiensis and <90% in An. gambiae s.s in 5 of 6 clusters tested. To permethrin, mortality ranged between 5.9-95%, with <90% mortality in 9 of 13 and 8 of 13 in An. arabiensis and An. gambiae s.s. respectively. Cluster specific mortality of An. arabiensis between permethin and deltamethrin were not correlated (Z = 2.9505, P = 0.2483). CONCLUSION: High levels of pyrethroid resistance were observed in western Kenya. This resistance does not seem to be associated with either species or location. Insecticide resistance can vary within small geographical areas and such heterogeneity may make it possible to evaluate the impact of resistance on malaria and mosquito parameters within similar eco-epidemiological zones
Women in African Drama: Representation and role
No full textThe purpose of this study is to examine the representation and role of women in African theatre. The discussion is based on published and unpublished plays by African writers selected from a pan-African perspective.
The thesis is divided into two major parts: Women in Society; The Portrayal of Women by Major Playwrights. Part I follows a thematic approach aimed at examining the position of women in three different areas which form the chapters for the part : Women, Tradition and Social
Change; The Urban Woman and Women in Politics. Part II of the thesis analyses major African playwrights' presentation of women characters. This part discusses not only the characterization of women by major playwrights but also these writers' attitude towards women and women's issues. Examined here in two chapters are The Portrayal of Women by
Major Male Playwrights and The Portrayal of Women by Major Female Playwrights.
Chapter 1, 'Women, Tradition and Social Change' discusses selected playwrights' examination of African women's experiences in the traditional African setting as a major foundation of the present and future socio-political situation of the continent; this chapter is the springboard
of the study.
From the traditional milieu the study then moves on to the
relatively new urban environment. This Chapter examines the predicaments in which the African woman finds herself as she struggles to survive in a world which differs significantly from the traditional one. Survival in the urban environment demands a certain degree of autonomy
from communal ties on the part of the individual. Yet in the case of the African woman, society does not hesitate to censure her movements and even to point an accusing finger at her for failing to satisfy traditional expectations when she is genuinely trying to meet the challenges presented by life in towns.
The myth that a woman's place is exclusively in the kitchen is a widespread one the world over. A more negative myth found in Africa is that participation of women in public affairs leads to social disaster. The third chapter of this study examines the role of African women in politics in the traditional and contemporary periods.
The fourth chapter discusses the portrayal of women by major male playwrights. Of great significance in this analysis is the attitude of these male writers towards women and also towards issues affecting women. It is for this reason that cross-references are made between these male writers and the female playwrights examined in Chapter 5.
Very negligible research has been done on drama by African women. It is in recognition of this unfortunate situation that the fifth and last chapter of this thesis is dedicated to women's self-perception as reflected in their portrayal of fellow-women in theatre. This chapter examines only major female playwrights; the minor female playwrights
are examined alongside the male in the appropriate areas in Chapters 1 to 3
An investigation into the role of chronic <i>Schistosoma mansoni</i> infection on Human Papillomavirus (HPV) vaccine induced protective responses
No full textBackgroundSchistosoma mansoni is one of the most common helminth infections affecting a large population of people in sub-Saharan Africa. This helminth infection is known to cause immunomodulation which has affected the efficacy of a number of vaccines. This study examined whether a chronic schistosoma infection has an effect on the immunogenicity of HPV vaccine which is currently administered to girls and women aged 9 to 24. Little is known about the immune responses of the HPV vaccine in individuals with chronic schistosomiasis.MethodsThis study was carried out at the Institute of Primate Research (IPR) and involved an Olive baboon model. The experimental animals were randomly placed into three groups (n = 3–4); Two groups were infected with S. mansoni cercaria, and allowed to reach chronic stage (week 12 onwards), at week 13 and 14 post-infection, one group was treated with 80mg/kg of praziquantel (PZQ). Sixty four weeks post schistosoma infection, all groups received 2 doses of the Cervarix HPV vaccine a month apart. Specific immune responses to the HPV and parasite specific antigens were evaluated.ResultsAnimals with chronic S. mansoni infection elicited significantly reduced levels of HPV specific IgG antibodies 8 weeks after vaccination compared the PZQ treated and uninfected groups. There was no significant difference in cellular proliferation nor IL-4 and IFN-γ production in all groups.ConclusionChronic S. mansoni infection results in reduction of protective HPV specific IgG antibodies in a Nonhuman Primate model, suggesting a compromised effect of the vaccine. Treatment of schistosomiasis infection with PZQ prior to HPV vaccination, however, reversed this effect supporting anti-helminthic treatment before vaccination.</div
Erratum: Author Correction: Predicting the potential for zoonotic transmission and host associations for novel viruses (Communications biology (2022) 5 1 (844))
No full textErratum: Author Correction: Predicting the potential for zoonotic transmission and host associations for novel viruses (Communications biology (2022) 5 1 (844)
