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15 Records out of 22207 Records

Author: Ouma, Jack Busalile Mwimali

Awarding University: University of Birmingham, England

Level : PhD

Year: 2013

Holding Libraries: ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; Institute of Commonwealth Studies Library ;

Subject Terms: Criminal justice ; Trials ; Constitutions ; Criminal law ; Judicial process ;

Abstract:

This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognised since the adoption of the formal legal system in Kenya, and which have been enshrined in the Constitution since independence. It addresses a number of overarching questions. First, it identifies the factors that hindered the full realisation of the right to a fair trial. Secondly, it enquires into whether the shortcomings of the recently repealed Constitution in that regard have been fully addressed by the new Constitution adopted in 2010. Thirdly, it identifies and analyse the impact of factors outside the formal law which may have affected the practical operation of certain core elements of the right to a fair trial. Finally, in light of the above, it explores a number of approaches that might be used to address these other factors so as to help achieve at least a better, enforcement of fair trial rights in the country.

Author: Sitienei, James Kiplagat

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Political representation/Democracy/Judicial process/Legislation/Kenya Constitution 2010/Constitutions/Kenya National Assembly Standing Orders/Public opinion/ ;

Abstract:

Every democracy ought to have a mechanism through which the public participate in the management of public affairs, including the law-making process. Sovereignty, including that of Parliament, belongs to the people but owing to the impracticability of every citizen participating in the legislative process; their representatives in Parljament represent their views. Kenya, a representative democracy has adopted this model. However, the 2010 Constitution of Kenya introduces aspects of participatory democracy by requiring that the public be involved in, among others, the legislative process. These provisions are yet to be fully implemented since a framework to facilitate public participation has not been put in place. The practice prior to the new constitutional dispensation still obtains, although some attempts have been made to allow the participation of the public. That said, various pieces of legislation have been passed without public input. The lobbying preceding such legislation has invariably put Members of Parliament in a dilemma between serving their own interests and those of the electorate. The concept of public participation is not entirely new; international instruments recognise the right to participate in public affairs, while some countries have put in place mechanisms for public participation in the law-making process and in some instances, the court has nullified legislation passed without the requisite participation of the public. Although the Kenyan Parliament has been strengthened over the years, it has not been responsive to public view. This paper evaluates the existing mechanisms for public participation by examining the Constitution, Standing Orders of the National Assembly and the practices in place for public involvement in the legislative process. The evaluation is based on an analysis of print and electronic material and on the basis of data generated. This paper identifies the existing avenues for public participation and recommends measures to give effect to constitutional provisions on public participation in the law-making process.

Author: Nyamao, George Taabu

Awarding University: University of Nairobi, Kenya

Level : MBA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Stock prices ; Political economy ; Constitutions ; Referendums ; Nairobi Securities Exchange ;

Abstract:

Share price behaviour of a market is influenced by how quickly that market assimilates the relevant new information it receives in its trading prices and volume patterns to the extent that no trader can sustainably make abnormal returns while riding on such information. In an efficient market, all information i~ reflected in trading prices. Where a market is efficient in the semi strong form, it is expected that her prices reflect all the relevant publicly available information in its trading prices. A securities market is said to be efficient with respect to economic announcements such as dividend announcements, stock splits, mergers and acquisitions, rights issues and non-economic announcements such as wars, election of presidents and prime ministers, death or resignation of presidents or prime ministers, or referendum vote announcements. The speed and accuracy with which a securities market reflects the information content of these events shows how efficient the securities market is. This paper reports on the behaviour of the share prices at the Nairobi Securities Exchange as observed in the share price index with respect to the August 4, 2010 constitution of Kenya referendum vote results announcement.

Author: Okondo, Ben Moraro

Awarding University: University of Nairobi, Kenya

Level : MBA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Strategic planning ; Constitution Implementation Committee ; Constitutions ;

Abstract:

Strategy implementation is one of the components of strategic management. It is one of the most difficult and time consuming stage in strategic management. Strategy implementation is a business concept acceptable in both the public and private sector. Firms and public organization are at risk avoiding this important component of strategic management process. A strategy links the organization to the environment. It gives the organization the direction and scope of its operations. The first concern in strategy implementation is to ensure the strategy is operationalised throughout the organization. In Kenya the commission for implementation of the constitution (CIC) was formed under the new constitution of Kenya, 2010. The title of the study is 'Strategies adopted by CIC in implementation of the new constitution of Kenya.' The objectives are, establish strategies adopted to manage implementation of the new constitution of Kenya, Determine challenges in strategy implementation by the constitution implementation commission and find out mechanisms by CIC to overcome the challenges. The research design is a case study whose primary purpose is to determine factors and relationships among the variables that have resulted in the behavior under study. The study used primary data collected by interview guides through face to face interviews with respondents, who are conveners of thematic teams at CIC. Content analysis method was used to analyze data into information. The main findings are, the strategies adopted are, sectoral strategies, faith led strategies, and youth focused strategies. CIC has achieved some amount of success in implementation of the constitution, a number of laws were enacted to establish constitutional bodies and offices. However, there emerged challenges to the constitution implementation processes that are not for the benefit of the people of Kenya. CIC has registered success in implementation of the constitution in sectors like devolution, and others. But the success is based on thirty percent of the total number of Laws to be enacted. CIC should be prepared to coordinate, the remaining seventy per cent of the implementation process.

Author: Kariuki, Rosemary Muthoni

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2011

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Constitutions/News media/Public opinion/Journalism ;

Abstract:

Agenda-setting theory is about transfer of salience from the mass media's pictures of the world to those in our heads. Elaborating Lippmann's perspectives, the core idea is that elements prominent in media's pictures become prominent in audience pictures. In the metaphorical language of the theory, the media agenda sets the public agenda. Theoretically these agendas could be composed of any set of elements. A vast majority of studies has examined and agenda composed of public issues. For these studies core assertion is that the degree of emphasis placed on issues in the mass media influences the priority accorded these issues in public. This proposition has been supported in more than 200 studies over past 25 years (Dearing and Rogers, 1996) in both election and non-election studies with considerable diversity in their geographical settings, time spans, news media and public issues studied. But agenda setting research has grown beyond this particular point of origin to encompass a wide range of communication situations, including the shaping of media agenda (Dearing and Rogers, 1996: McCombs, 1992). This study is given credence by the core functions of media such as surveillance or being a watchdog to the public, interpretation of facts and data and meaning of significant events, linkage with different elements of societies through advertising, transmission of value or socialization and entertainment. Media is seen as an important link between the public, and the opinion of the public and the decision-making processes of government. A key player in the construction or creation of the public and of public opinion and a means by which the public can come to play a direct and indirect part in the democratic process. 1 nus based on the atoremennonen core tuncnons of media, this study looks at the role of media in constitution making in Kenya, subsequently leading to the August 4, 2010 referendum and adoption of the new laws. An evaluation of the role played by media in the constitution making process in Kenya is critical in understanding how media influences the decision of the political players be they the legislators or voters in a democratic country. The same evaluation could shed light on the relevance of the agenda setting role of the media today. This study delves to establish if there was a causal relationship between the media agenda and the public in the constitution making process in Kenya. The role media played in influences the vote during the constitution referendum held on August 4, 2010. The study explains the role played by media in the constitution making process in Kenya and determines the role of media as opinion leader in influencing the constitution making process in Kenya McCombs (2004) says that agenda setting is a complex and intellectual maps still in the process of evolving. That the role of mass media in the formation of public opinion is changing. With the emergence of new technologies such as internet, mobile phones, cable and satellite television, in contemporary there is need to establish if the diversifying nature of mass media had an impact in the adoption of the new constitution. Did media shape the public opinion? What the public need to know is a recurring phrase in the rhetoric repertoire of professional journalism. Does media agenda really represent what the public need to know? It is common knowledge that most of the information we receive is not through direct experience but second-hand reality, a reality that is structured by journalist reports about this situations and events, through print or television. That daily news alerts us on the latest events and changes in the larger environment beyond immediate experience. That newspaper and television through there day to day selection and displaying news influence our perception. This ability to influence the salience of topics in the public agenda has come to be called the agenda setting roles of news media. Newspapers communicate

Author: Mogaka, Danstan Omari

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2011

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Public enterprise ; Corporate governance ; Constitutions ;

Abstract:

State Owned Enterprises (SO E) in Kenya have been poorly managed since independence owing to three factors, the appointment of Board of Directors on political and ethnic basis, poor monetary disclosure and oversight bodies that are lacking in independence and autonomy and often burdened with conflicting roles. Apart from the SOE listed on the Nairobi Stock Exchange (NSE), that have adopted good corporate governance guidelines provided by the Capital Markets Authority (CMA), a majority of SOE did not consider good corporate governance as a prerequisite to good corporate performance. Other than poor corporate governance, an outdated and often bad legal framework (Companies Act and State Corporations Act) were found to provide loopholes through which the BOD was appointed on grounds that did not meet the grounds of meritocracy. The question of privatization will be interrogated at length and in depth as a solution to poor corporate governance in Public Enterprises. However the promulgation of the Constitution of Kenya 2010, in spite of the many challenges in its implementation has codified corporate governance principles and provided enormous opportunities to correct the mismanagement of SOE.

Author: Musumba, L A

Awarding University: University of Birmingham, England

Level : PhD.

Year: 2007

Holding Libraries: Index To Theses ;

Subject Terms: Law ; Constitutional law ; Constitutions ;

Abstract:

This thesis suggests the purpose of the regulatory role of law is to achieve equilibrium in the state, whereby the government and the people (in the present case Kenyans) co-exist harmoniously, neither of them requiring an alteration in the balance of power. However, Kenya?s citizen-engineered Constitutional Review Process, formally commencing in 1997, was prompted principally by Kenyan?s perceptions of the government as substantially contributing to their depressed socio-economic status, and overseeing a post-independence regime replete with political repression. This thesis investigates the performance of law in Kenya in maintaining equilibrium post-independence, and especially in achieving revision of the structure of national governance through constitutional reforms. The success or otherwise of the Review Process as a regulatory function of law is used to measure the capacity of law to regulate the Kenyan state. Inter alia the impact of the ethics of the colonial government on Kenya?s post-independence governments is studied. The general status of Kenyans? socio-economic status is appraised. Recourse is also had to the lessons of the now defunct Law and Development Movement regarding the use of law as an instrument of social transformation. Additionally, comparative studies are undertaken into recent changes to the political or constitutional orders of Uganda, Eritrea, South Africa, Georgia, Ukraine and Kyrgyzstan.

Author: Kimani, David Kanyoni

Awarding University: St. Paul's University, Kenya

Level : MA

Year: 2006

Holding Libraries: St. Paul's University Bishop Okullu Memorial Library ;

Subject Terms: Kadhi courts/Constitutions/Interfaith relations/Christians/Muslims/Law/ ;

Abstract:

The study considered the issue of the Kadhi courts in Kenya. This involved the study of this case since the time of colonization by the British to the current debates on the constitutional review process. In carrying out this study, various areas that were relevant for the information needed were explored. The sources included literature review and field framework. Time was also taken to attend the Kadhi court sessions and also interviewing Muslims and Christians on the same.

Author: Marete, D K Njagi

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2006

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: Constitutions ; Human rights ; Minority and ethnic groups ;

Abstract:

'Since the struggle against colonialism, [Kenyans] have retained undying struggle to protect their rights under just systems of governance. They want democratic governance: proper dispersal of functions and powers amongst the organs of government; an executive subject to real checks; a fair system sensitive to all including minorities; a fair and just electoral system that guarantees representation to all ..... Above all [Kenyans] demand a right to a livelihood. They want to control and direct land ownership and utilization away from the grabbing hands of the ruling class. They are calling for equitable opportunities to produce, to be employed, to run business and to practice one's calling, plus equal access to available resources'. The constitution review process therefore exemplifies the quest for self actualisation and realisation by Kenyans within an environment of equity and equality of all persons. (emphasis mine)