Browsing Faculty of Law by Subject "Kenya"
Now showing items 1-20 of 25
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Consumer protection in the Kenyan financial sector: A case for a Twin Peaks model of financial regulation
(University of the Western Cape, 2019)The dynamic character of the financial services industry necessitates frequent appraisal of the regulation of the sector. The main objectives for regulation of the financial sector include financial stability, promotion ... -
A critical evaluation of the cases of Kenyatta and Ruto before the International Criminal Court
(University of the Western Cape, 2014)The International Criminal Court (hereafter ‘ICC’ or ‘the Court’), in its fight against impunity is slated to put on trial, in conformity with Article 27 of the Rome Statute1, an incumbent Head of State and his Deputy for ... -
Cryptocurrency intermediation in Africa: towards a regulatory framework for cryptocurrency intermediaries
(University of the Western Cape, 2019)There is a lot of speculation regarding potential benefits that the adoption of cryptocurrency use and cryptocurrency intermediation may have for the African continent due to the macro-economic instability of African ... -
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
(University of the Western Cape, 2013)State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ... -
Domestic prosecution of international crimes in Kenya : a critical analysis
(University of the Western Cape, 2015) -
The Ethics and Anti-Corruption Commission of Kenya : a critical study
(University of the Western Cape, 2016) -
An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict
(University of the Western Cape, 2016)The concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written ... -
Factoring as tool of financial inclusion in Kenya
(University of the Western Cape, 2021)A popular difficulty that all SMEs have had to face is limited access to finance. The fact that banks are not prepared to finance small businesses, has exacerbated the existing 'financing gap' in the small and medium-sized ... -
Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism
(University of the Western Cape, 2012)The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of ... -
Intergovernmental fiscal systems and self-rule: A Kenyan case study
(University of the Western Cape, 2022)The conferment of self-rule or autonomy to subnational governments is incomplete without the corresponding conferment of the financial means and discretion necessary to facilitate the exercise of such autonomy. This makes ... -
Intergovernmental fiscal systems and self-rule: A Kenyan case study
(University of the Western Cape, 2022)The conferment of self-rule or autonomy to subnational governments is incomplete without the corresponding conferment of the financial means and discretion necessary to facilitate the exercise of such autonomy. This makes ... -
International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situation
(University of the Western Cape, 2010)Kenya’s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that ... -
An interpretation of the constitutional framework for devolution in Kenya: a comparative approach.
(University of the Western Cape, 2014)Kenya adopted a new Constitution in 2010, with devolution of political power, responsibilities and resources to newly created counties as its centrepiece and most transformative aspect. Devolution was intended to address ... -
Kenya's implementation of the smuggling protocol in response to the irregular movement of migrants from Ethiopia and Somalia
(University of the Western Cape, 2012) -
The legal status of evidence obtained through human rights violations in Uganda
(University of the Western Cape, 2016)The Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. ... -
Muslim family law and judicial protection of women’s rights in Kenya: an assessment
(University of the Western Cape, 2023)The status of women in Muslim majority and minority states is a major question in the articulation of rights in non-Western settings. Contestations over women’s rights in these societies are thought to stem from conundrums ... -
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)Kenya has embarked on a constitutional making process that is hoped to ensure a transition to democracy. The current constitution making process is not the first of its kind in post independence Kenya.1 Since the Lancaster ... -
Reforming and retreating: British policies on transforming the administration of Islamic Law and its institutions in the Busa‘idi Sultanate 1890-1963
(University of the Western Cape, 2010)After the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which ... -
Revisiting Bilateral Investment Treaties (BITs) in the 21st Century : a Kenyan and South African experience
(University of the Western Cape, 2015)BITs signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or ...