RP-Department of Public Law
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Recent Submissions
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Implementation of the East African Community Common Market Protocol in Kenya: Case of Free Movement of Advocates
(RJI, 2023)This study examined the application of the East African Community Common Market Protocol in Kenya with particular attention to the freedom of advocates. It looked at the broad principles and objectives of the East African ... -
International Public Policy, Corruption and Investor to State Arbitration
(ElectronicPublications.org, 2020)Taking three arbitral awards as case studies: World Duty Free Company v. Kenya, Cortec Mining v. Kenya and Vladislav Kim & 11 Others v. Uzbekistan, the present paper addresses the issue of protection by International ... -
The Right to Privacy under the Constitution of Kenya and the Criminalisation of Consensual Sex between Same-Sex Adults
(AFRICAN HUMAN RIGHTS LAW JOURNAL, 2021)This article argues that the provisions of the Kenyan Penal Code (sections 162 and 165) criminalising consensual sex between partners of the same sex limit the right to privacy enshrined in article 31 of the Constitution ... -
Dismissal, Removal or Reduction in Rank of Civil Servants: Kenyan and Indian Perspective
(Indian Journal of Applied Research, 2013-10)Both the Constitutions of Kenya and India lay down elaborate mechanisms under which a Government serv- ant may be dismissed, removed or reduced in rank from the civil post. The procedure laid down in Part Two, Chapter ... -
Constitutional and Legal Dimensions on the Doctrine of Equal Pay for Equal Work: An Indian Perspective
(Rostrum's Law Review, 2014-01)The doctrine of equal pay for equal work is a concept that has gradually evolved and has come to be recognized by a number of countries world-wide due to an increase in the instances of discriminatory pay scales for the ... -
Human Rights Protection by International Courts – What Role for the East African Court of Justice?
(Edinburgh University Press, 2018)The present article argues that the East African Court of Justice (EACJ), although originally not conceived as a human rights body, has a role to play as a protector of human rights in the East African region. It underlines ... -
Enforcement of Civil Servants’ Human Rights: An Overview
(Indian Journal of Law and Justice, 2013-03)The universal human rights are often expressed and guaranteed by law in the form of treaties, customary international law, general principles and other sources of international law2 . Both Kenya and India are signatories ... -
African and European Legal Regimes for Intra-Continental Migration: Towards an Afro- European Integration Scheme
(Routledge, 2020-05)The chapter analyses the legal instruments regulating migration within Africa and within the EU, their historical evolution, the contents of the free movement of people guarantees and the methods of their implementation. ... -
Reclaiming African Agency: the Right to Regulate, the Investor-State Dispute Settlement and the “Africanisation” of International Investment Law
(The Hague: TMC Asser Press, 2021-05)The paper explores the idea of “Africanisation” of the International Investment Law based on some recent instruments adopted by African States: The Pan-African Investment Code (PAIC), the Economic Community of West African ... -
Demeaning Face of Politics and Bureaucracy in Labour Movement in Kenya: A Quest for an Effective Labour Law
(NOVUM JUS, 2022-03)The Constitution of Kenya, 2010, the Labour Relations Act, 2007, and the Employment Act, 2007, along with several other labour statutes, are designed to facilitate the establishment of employeremployee unions that play ... -
Judicial Review of Service Matters in Kenya and India: A Blessing or A Curse
(Kenya Law, 2013-04)The new constitutional dispensation of Kenya and the Constitution of India have created an independent judiciary which is vested with among other powers, the power of judicial review to determine the legality of administrative ... -
Jurisdiction of Administrative Tribunals in Settlement of Disputes Over Service Matters: A Factual Analysis
(International Journal of Legal Studies and Research, 2014-03)The persons employed in government institutions are generally considered the most privileged and trouble free in the society. But as a matter of fact, government employees face diverse problems in their places of work ... -
Eligibility Criteria for Recruitment and Promotion of Civil Servants in Kenya and India: A Comparative Study
(Asia Pacific Journal of Management & Entrepreneurship Research, 2013)Decision-making in selecting and recruiting persons to the civil service both in Kenya and India is a complex process involving conceptual, methodological, legal and practical considerations. In selecting aspirants, ... -
Evaluation of the Demeaning Face of COVID-19 on Labour Relations: a New Challenge for Kenya’s Burgeoning Democracy
(Italian Labour Law e-Journal, 2020)On March 11th 2020, the World Health Organization was forced to declare the novel coronavirus disease a global pandemic after a surge in reported cases of the disease outside China. The disease has adversely affected, inter ... -
Turning Fish Soup Back Into Fish: The Wicked Problem Of African Community Land Rights
(AFE BABALOLA UNIVERSITY, 1996)Africa’s postcolonial disputes over community land rights are a “wicked” problem, not evil, but resistant to resolution. This article investigates three such disputes in Kenya (Endorois, Ogiek and Nubian community) where ...
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Implementation of the East African Community Common Market Protocol in Kenya: Case of Free Movement of Advocates
(RJI, 2023)This study examined the application of the East African Community Common Market Protocol in Kenya with particular attention to the freedom of advocates. It looked at the broad principles and objectives of the East African ... -
International Public Policy, Corruption and Investor to State Arbitration
(ElectronicPublications.org, 2020)Taking three arbitral awards as case studies: World Duty Free Company v. Kenya, Cortec Mining v. Kenya and Vladislav Kim & 11 Others v. Uzbekistan, the present paper addresses the issue of protection by International ... -
The Right to Privacy under the Constitution of Kenya and the Criminalisation of Consensual Sex between Same-Sex Adults
(AFRICAN HUMAN RIGHTS LAW JOURNAL, 2021)This article argues that the provisions of the Kenyan Penal Code (sections 162 and 165) criminalising consensual sex between partners of the same sex limit the right to privacy enshrined in article 31 of the Constitution ... -
Dismissal, Removal or Reduction in Rank of Civil Servants: Kenyan and Indian Perspective
(Indian Journal of Applied Research, 2013-10)Both the Constitutions of Kenya and India lay down elaborate mechanisms under which a Government serv- ant may be dismissed, removed or reduced in rank from the civil post. The procedure laid down in Part Two, Chapter ... -
Constitutional and Legal Dimensions on the Doctrine of Equal Pay for Equal Work: An Indian Perspective
(Rostrum's Law Review, 2014-01)The doctrine of equal pay for equal work is a concept that has gradually evolved and has come to be recognized by a number of countries world-wide due to an increase in the instances of discriminatory pay scales for the ... -
Human Rights Protection by International Courts – What Role for the East African Court of Justice?
(Edinburgh University Press, 2018)The present article argues that the East African Court of Justice (EACJ), although originally not conceived as a human rights body, has a role to play as a protector of human rights in the East African region. It underlines ... -
Enforcement of Civil Servants’ Human Rights: An Overview
(Indian Journal of Law and Justice, 2013-03)The universal human rights are often expressed and guaranteed by law in the form of treaties, customary international law, general principles and other sources of international law2 . Both Kenya and India are signatories ... -
African and European Legal Regimes for Intra-Continental Migration: Towards an Afro- European Integration Scheme
(Routledge, 2020-05)The chapter analyses the legal instruments regulating migration within Africa and within the EU, their historical evolution, the contents of the free movement of people guarantees and the methods of their implementation. ... -
Reclaiming African Agency: the Right to Regulate, the Investor-State Dispute Settlement and the “Africanisation” of International Investment Law
(The Hague: TMC Asser Press, 2021-05)The paper explores the idea of “Africanisation” of the International Investment Law based on some recent instruments adopted by African States: The Pan-African Investment Code (PAIC), the Economic Community of West African ... -
Demeaning Face of Politics and Bureaucracy in Labour Movement in Kenya: A Quest for an Effective Labour Law
(NOVUM JUS, 2022-03)The Constitution of Kenya, 2010, the Labour Relations Act, 2007, and the Employment Act, 2007, along with several other labour statutes, are designed to facilitate the establishment of employeremployee unions that play ... -
Judicial Review of Service Matters in Kenya and India: A Blessing or A Curse
(Kenya Law, 2013-04)The new constitutional dispensation of Kenya and the Constitution of India have created an independent judiciary which is vested with among other powers, the power of judicial review to determine the legality of administrative ... -
Jurisdiction of Administrative Tribunals in Settlement of Disputes Over Service Matters: A Factual Analysis
(International Journal of Legal Studies and Research, 2014-03)The persons employed in government institutions are generally considered the most privileged and trouble free in the society. But as a matter of fact, government employees face diverse problems in their places of work ... -
Eligibility Criteria for Recruitment and Promotion of Civil Servants in Kenya and India: A Comparative Study
(Asia Pacific Journal of Management & Entrepreneurship Research, 2013)Decision-making in selecting and recruiting persons to the civil service both in Kenya and India is a complex process involving conceptual, methodological, legal and practical considerations. In selecting aspirants, ... -
Evaluation of the Demeaning Face of COVID-19 on Labour Relations: a New Challenge for Kenya’s Burgeoning Democracy
(Italian Labour Law e-Journal, 2020)On March 11th 2020, the World Health Organization was forced to declare the novel coronavirus disease a global pandemic after a surge in reported cases of the disease outside China. The disease has adversely affected, inter ... -
Turning Fish Soup Back Into Fish: The Wicked Problem Of African Community Land Rights
(AFE BABALOLA UNIVERSITY, 1996)Africa’s postcolonial disputes over community land rights are a “wicked” problem, not evil, but resistant to resolution. This article investigates three such disputes in Kenya (Endorois, Ogiek and Nubian community) where ... -
Intensifying Legal Protection against Human Rights Violations in the Covid-19 Era: A Case Study of Kenya, Uganda and Tanzania
(Juta and Company (Pty) Ltd, 2020)The coronavirus pandemic has, since its outbreak in late 2019, not only caused a global health care crisis but has also had a negative impact on the exercise of social, economic, cultural and political rights. Vulnerable ...
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