90 Records out of 22207 Records

Policy, legal and environmental implications of the discovery and use of natural gas in Kenya

Author: Maisy, Pauline Awino

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2011

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Natural gas ; Environmental impact ; Resource management ; Legislation ;

Abstract:

ABSTRACT NOT AVAILABLE

Competition aspects in regulation of the insurance industry in Kenya

Author: Matara, Carolyne Kerubo

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2011

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Insurance industry ; Regulation ; Law ;

Abstract:

This thesis is primarily concerned with the interplay between competition law and regulation of the insurance sector in Kenya. The approach of the study is to interrogate the role of insurance regulation and how it relates with the theory of competition in a free market. The study thus undertakes a critical appraisal of the regulatory framework for the insurance industry in Kenya while juxtaposing it with the legislative regime and provisions on competition. Eventually the study reveals that the regulation of the insurance industry in Kenya is inherently weak thus failing to stimulate competition in the industry. The study therefore calls for the establishment of a regulatory framework in the insurance industry that is efficient and able to stimulate competition in the industry in a manner that will stir growth.

Liberalization of trade in services under the EAC Common Market protocol : does the protocol meet the WTO requirements on services liberalization

Author: Khaemba, Bryan Mandila

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2010

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: East African Community/East African Common Market/World Trade Organisation/Trade liberalization ;

Abstract:

ABSTRACT NOT AVAILABLE

Easements as a mechanism for conserving wildlife habitat outside protected areas in Kenya

Author: Gitahi, Gladys Nyokabi

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Wildlife conservation ; National parks ; Land use ; Environmental Management and Coordination Act (Kenya) ; Easements ;

Abstract:

Conservation of wildlife in Kenya is carried out mainly by establishing and maintaining protected areas in the form of national parks and reserves in which land use is restricted to ensure protection of the wild fauna and flora and their habitat. Outside the protected areas are lands that do not enjoy the same protection as protected areas but none the less contain important wildlife habitat and are critical to the continued viability of the protected areas. These lands are under a lot of pressure from development and population increases, resulting in the land being rapidly converted to agriculture among other uses. Change in land use outside protected areas causes loss of wildlife habitat and threatens even the viability of protected areas. The enactment of Kenya's framework law on the environment, the Environmental Management and Co-ordination Act, 1999 has provided an opportunity to protect the environment and natural resources using various instruments. The Act provides for the use of environmental easements as a mechanism to conserve natural resources' by imposing a restriction on the use of the land. This thesis examines the use of easements as an incentive-based mechanism and how they can be applied to conserve wildlife habitat outside protected areas by protecting it from conversion to other incompatible uses. It also examines how appropriate institutional frameworks and incentives can support the application of easements in Kenya. It argues that the use of land use laws and regulations that rely on policing and punishment for enforcement are inadequate for protecting wildlife habitat outside protected areas. Instead, environmetal easements are a viable and more appropriate mechanism that can be used with appropriate incentives to encourage landowners to conserve wildlife habitat outside protected areas. Key Words: Property Rights, Easements, Wildlife Habitat, Conservation.

Non-Performing loans : are credit reference bureaus the solution?

Author: Gichobi, Irene W

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Nonperforming loans ; Credit bureaus ; Credit ratings ;

Abstract:

ABSTRACT NOT AVAILABLE

Humanitarian law and the war against international terrorism : challenges and opportunites since September 11, 2001

Author: Ambutsi, Justus Wabuyabo

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: International terrorism ; Terrorism ; United States ; Law enforcement ; International humanitarian law ;

Abstract:

The action by the US to invade Afghanistan and Iraq in its stated war against international terrorism represented a great paradigm shift in the law of armed conflict. The response invoked a confluence of legal regimes and norms in unprecedented ways. What would generally have been thought to be the key legal issues were not, and what was never anticipated as crucial legal concerns became so. There has been one question which has come up time after time in the consideration of the paradox: Is the war on terrorism 'war' and, therefore, requiring military responses or is it simply a matter for law enforcement? Before September 11, 2001, terrorism had generally been treated as an issue for law enforcement. After September 11, 2001 the US considered that exclusive law enforcement measures to tackle the menace of terrorism were insufficient. It was then decided to involve the military since the general view was that the September 11, 2001attacks had risen beyond mere criminal conduct and were deemed to be acts of war. However, the articulation of the war has not been clear. If the war on terror is indeed a war as advanced by the US, one would have expected that the application of international humanitarian law in the process would have been automatic. In reality it has not been easy to conceptualize the applicability of that law in this new war in contradistinction to the application of the general human rights law, domestic legislation and international law on cooperation in criminal matters. There is an emerging view which suggests that the USA has made terrorism an all encompassing concept which is at times used by it to block or justify violations of human rights and internationally recognized humanitarian standards. The US has sometimes used the idea of national security as an excuse to justify its actions of sacrificing humanitarian values and principles as enshrined in the United Nations Charter, international covenants on human rights and the Geneva Conventions for the protection war victims among other important international instruments. Further, it appears that the direction taken by the US in dealing with the problem has been largely guided by national politics of hegemony. Its strategy has been bereft of objectivity and has obscured the efforts by legal scholars and practitioners to undertake symmetrical studies to come up with universally acceptable rules that would fully address the real problem. Such studies would probably be able to review international humanitarian law and other rules of international law and their relevance to the war against international terrorism or propose a new legal framework to deal with the challenges posed by the new war. The framework could consider issues such as the regulation of groups such as Al Qaeda and others engaged in international terrorism and their activities. Due to the influence of the USA, there has been a glib condemnation of terrorism without a scientific impartial study to come up with civilized means and methods of eradicating it. The result has been a lack of clear policy within the international community to deal with the problem with the consequence that the war against international terrorism has been fought without known values or principles. By agreeing to sink to those levels, the international community has in fact granted terrorists victory on a silver platter. This paper tries to investigate the effects of politics hegemony of the US on the development and application of international humanitarian law in the war against international terrorism since September 11, 2001. The paper will also attempt to discuss ways in which nations of the world can tackle the menace of international terrorism without sacrificing the internationally recognized humanitarian standards for the protection of human life and dignity in time of conflict.

Professional self-regulation and challenges in enforcing professional discpline : a case study of the advocates' disciplinary process in Kenya

Author: Korir, Roselyn Lagat

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Attorneys/Professional standards ;

Abstract:

ABSTRACT NOT AVAILABLE

The environmental impact assessment as a means of achieving sustainable development in Kenya

Author: Kimani, Grace Nyambura

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Environmental impact statements/Sustainable development ;

Abstract:

This study focuses on the Environmental Impact Assessment as a means of achieving sustainable development in Kenya. Environmental Impact Assessment (EIA) is one of the available environmental management tools used to facilitate sound integrated decisionmaking where environmental considerations are explicitly and systematically taken into account in the planning and development process. Prior to 1999, there was no'legal framework that governed the EIA process in Kenya. The National Environment Secretariat (NES~ administered the EIA process through administrative structures. NEShad no legal basis or legal authority for requiring an EIA to be carried out. However, from January 2000, Environmental Impact Assessment became a mandatory legal requirement in Kenya for specified projects likely to have significant adverse impacts on the environment through the enactment, of the Environmental Management and Co-ordination Act; 1999. The Environmental (Impact Assessment and Audit) Regulations, 2003 give details of how the EIA should be carried out and administered by NEMA. The study examines the legal provisions on EIA process and sustainable development and takes a critical look at three requirements which make the EIA effective, that is, public participation in the EIA process, inter-sectoral co-ordination, and consideration of alternatives, especially of project sites. It also examines how the EIA has been implemented in Kenya. It exammes the capacity of NEMA to enforce the EIA requirements. This has enabled the author to determine whether the EIA process has contributed towards enhancing sustainable development in Kenya. The study is divided into five chapters. The first chapter is the introduction of the study. The chapter gives the statement of the problem and the methodology used in the study. It also states the objectives, the justification and limitations of the study. It defines the conceptual framework upon which the study is premised. Most importantly, the chapter defines the terms 'Environmental Impact Assessment' and 'Sustainable Development' , The second chapter looks at the objectives and purposes of EIA. It also discusses the concept of sustainable development and how EIA enhances sustainable development. The chapter closes by looking at EIA and sustainable development in the Kenyan context. The third chapter looks at the modalities that were used by NES to promote the carrying out EIA without any legal basis. It also evaluates the performance of NES to assess whether it enhanced sustainable development in Kenya. The chapter also discusses the legal and institutional framework governing the EIA process in Kenya since the enactment of EMCA in 1999.1 The provisions of Environmental (Impact Assessment and Audit) Regulations, 20032 on public participation, inter-sectoral co-ordination and consideration of analysis of alternative project sites are also discussed.

The ultra vires rule on its death-bed : the rule of law as the basis of judicial review in Kenya

Author: Kaluma, Peter Opondo

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Judicial process/Law ;

Abstract:

ABSTRACT NOT AVAILABLE

The role of the Kenyan judiciary in the promotion of foreign direct investment : towards an investor-friendly judiciary in Kenya

Author: Kimwele, Muneeni

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Foreign direct investment/Judiciary/Trade liberalization ;

Abstract:

ABSTRACT NOT AVAILABLE