In this article, Prof Ben Sihanya explains the key issues that researchers must be clear about before entering into collaborative research agreements. To read the full article, click here.
The virtue of justice consists in moderation, as regulated by wisdom.
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Constitutional LawInternationalProvisions on Mutual Recognition Agreements in relation to Common market Protocol and the Treaty for the establishment of EAC
This paper discusses the specific provisions of Mutual Recognition Agreements (MRAs) in relation to the EAC Common Market Protocol and the Treaty for the establishment of EAC. The specific provisions in the two instruments will be identified and briefly discussed to put into context the overall objective of this project. To read the full article,...
The Constitution of Kenya 2010 is expected to entrench devolution, freedom of expression, and media as key parameters in constitutional implementation. Prof Ben Sihanya analyses how the media should cover devolution in the Kenyan and comparative context. To read the full article, click here.
Constitutional LawMandate, institution, militarisation, misuse, trade, and of the National Youth Service in Kenya
The National Youth Service’s Constitutional, legislative, regulatory, institutional policy, and operational framework in Kenya is under scrutiny. This mainly follows the mega corruption scandals at the NYS and those associated with its parent- The Ministry of Devolution and Planning. My overarching argument is that NYS is supposed to focus on youth empowerment and not be...
Since 1963 when Kenya attained its independence, the presidency has animated and dominated the discourse on constitution making, the constitutional process, and constitutional review and implementation as well as political processes. the preoccupation with the role and power of the presidency continued through 2010 constitution and remains an issue even as Kenya prepares for the...
Constitutional LawMediating Kenya’s Post-Election Crises The Politics and Limits of Power Sharing Agreement
Political violence of unprecedented magnitude engulfed Kenya following a hotly disputed presidential election result in December 2007. International mediation by the African Union’s panel of Eminent Personalities began in January 2008. between January and July 2008, for the first time in her history, went through an internationally supported internal mediation process. This was occasioned by...
Constitutional LawAdministering Presidential elections in Kenya Citizens Right to security and the issue of governance
The responsibility to protect citizens and to provide for their safety and security is a prime function of government. For more than a decade there has been growing concern among Kenyans about their safety and security. Kenyans are generally concerned about security issues in four points identified and discussed in this article. To read the...
Freedom of expression and the media regarding elections is adversely influenced by the state elite and media ownership and control. It is noteworthy that freedom of expression and the media has largely improved since 1988 in the preelection phase. However, these freedoms have been curtailed by the politically affiliated state elite and media owners or...
Freedom of expression, access to information, and media freedom are threatened in Kenya. I will address three research objectives, research questions, and hypotheses. First, what is freedom of expression, access to information, and media information under the Kenyan Constitution of 2010? How about in the South African Constitution 1996, the US Constitution 1787 and 1791,...
Intellectual Property LawKikoy and the commercial exploitation of geographical indications and traditional knowledge in Kenya
Intellectual Property is becoming increasingly important in national and international trade. However, the Kenyan Government, innovators and traders have not taken sufficient steps to protect, promote and commercially exploit local innovations and traditional knowledge in the context of IP. The dispute over kikoi is illustrative. To read the full article, click here.
