What is strategic or public interest litigation in Kenya? What of public interest lawyering? What is pro bono, informa pauperis (pauper) briefs or poverty lawyering? Collaborative lawyering? Related concepts are class action, representative suit, group action……. How does PIL relate to strategic, public interest, and social action litigation in Nigeria, South Africa, Uganda, Tanzania, India,...
Image source: Adobe Stock Lifestyle audits are viable tools in the fight against corruption. Unfortunately, they have not been sufficiently developed or adopted despite their effectiveness in combatting corruption. For long, countries have deployed diverse anti-corruption strategies under various international, regional and national legal frameworks. Despite these efforts, corruption continues to permeate every sector of...
My overarching argument in this chapter is that since the promulgation of the Constitution of Kenya 2010, Kenya has experienced reversals in implementation and enforcement of the Constitution generally. The process and the outcome in the 2017 General Elections provided an opportunity for Kenyans to re-ignite hope and reforms in governance and public administration. I...
This article may be cited as; Ben M. Sihanya (2014) ‘Devolution and Education Law and Policy in Kenya’ The Law Society of Kenya Journal (LSKJ), vol 10(1), pp. 60-94. This paper examines the juridical or legal and policy framework on devolution and education. I analyze how the constitutional promise of devolution is being operationalised in...
This article may be cited as; Ben M. Sihanya (2013) ‘Constitutionalism, the Rule of Law and Human Rights in Kenya’s Electoral Process’ in (eds), Law Society of Kenya, ‘Handbook on Election Disputes in Kenya.’ This chapter rightly prescribes that in the Kenyan context, constitutionalism will be achieved only, as a starting point, where there is...
Deep seated interests pose three types of threats or challenges to the implementation of the Constitution of Kenya 2010. These interests seek to retain the status quo, reverse the gains, or manipulate the content, direction and pace of reform or implementation. Opportunities lie in focusing on the key agents of reform in the form of...
Intellectual Property (IP), is crucial in academics and Kenya’s political economy. The meaning and significance of IP has not always been understood, in this article, Prof Ben Sihanya explains IP. Intellectual Property (IP), or the property of the mind – as the name suggests, is the property of an individual. IP has a lot to...
This article may be cited as; Ben M. Sihanya (2016) ‘Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Rights Management in Ken’, The Law Society of Kenya Journal (LSKJ), vol 12(1), pp. 1-38. The immediate context of this article is the debate on Kenya’s Traditional Knowledge and Traditional Cultural Expressions Act 2016. The overarching argument...
Counterfeit trade takes three main forms. First, pirates counterfeit the product itself, as is the case in counterfeit medicines or machine spare parts. Second, they counterfeit the trade mark or service mark of legitimate products, the general presentation or get-up of the product, or a combination of these. The second category includes counterfeiting the packaging...
Product counterfeiting and trade in counterfeit products, labels and packaging involve imitation of genuine products that are marketed under brand names. Counterfeit products that are becoming a major problem to consumers, innovators and traders in Kenya and globally. Such imitations are usually clones or falsified products, labels and packaging designed to look like those of...
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