http://erepository.uonbi.ac.ke/handle/11295/107036 2026-05-18T20:37:36Z http://erepository.uonbi.ac.ke/handle/11295/168224 Rethinking Geothermal Law in Kenya: Progress, Pitfalls, and the Path to Reform Chebelyon, Beatrice C 2025-01-01T00:00:00Z http://erepository.uonbi.ac.ke/handle/11295/168206 A Critical Assessment of the Taxation and Under-regulation of the Quarrying Subsector of the Mining Industry in Kenya Ngoloma, Noel Kenya has over the years sought to develop a robust legal and regulatory framework to govern the extractives industry. This dissertation critically examines the regulatory and tax framework governing Kenya's quarry subsector specifically, shedding light on inefficiencies and proposing remedies for sustainable growth. From the outset, it is imperative to note that administration, management, control, licensing and taxing of natural resources and mining activities is the exclusive prerogative of the National Government as envisaged by Article 62(1), 62(3), 185(2) and comprehended together with the Fourth Schedule and Article 209 of the Constitution. An elaborate taxation regime of the extractives industry is also provided for under parts I and II of the ninth schedule of the Income Tax Act (ITA). The regulation and taxation of mining as a function of the national government is further extensively buttressed by the Mining Act. The Act, however, only makes mention of the term ‘quarry’ in its definition section as an inclusion to what constitutes a mine. Further, the Act classifies minerals into different categories leaving out quarry products in its schedules, thereby allowing the National Government to levy general and or blanket taxes on the said products and activities. This misclassification fails to appreciate that quarry mineral products rank lower in value than precious metals and stones and as such should attract lower taxes and charges in line with sound economic principles. Consequently and as a by-product of devolution, county governments have been at the forefront of enacting county fiscal legislation to provide for revenue collection from quarry owners in the guise of building their economy and protecting the environment from the adverse impacts of quarrying exploits (both real and conceived). County Governments argue that to strike a balance between mitigating quarrying impacts on local communities and fulfilling the demand for aggregates, they need to impose such levies and or taxes on quarry owners. This thesis explores the repercussions of regulatory shortfalls, emphasizing the unconstitutional overreach by County Governments and scrutinizing the judiciary's role in interpretation and implementation. It further engages in a comparative analysis, evaluating legislative frameworks and institutional approaches in jurisdictions with robust sector-specific regulations, such as the United Kingdom and the Republic of The Gambia. It assesses the efficiency of selected best practices and discusses their applicability to Kenya's unique context. 2023-01-01T00:00:00Z http://erepository.uonbi.ac.ke/handle/11295/168174 An Assessment of Compliance With the Obligation to Mainstream Climate Change Adaptation Strategies in the Execution of County Governments’ Functions Wambulwa, Nancy Climate change presents a fundamental threat to human health. It affects the physical environment as well as all aspects of both natural and human systems including social and economic conditions and the functioning of health systems. Climate change is an ongoing threat to the world as a whole and every community should ensure that they make attempts, from the bottom going up to adapt to climate change. This study examined how county governments' mainstreaming of climate adaption initiatives is boosting resilience. It examined the governance structure that the Kenyan county governments have put in place for integrating climate change into society. The study argues that if the county governments could mainstream climate adaption initiatives, it would boost resilience at the local levels. This study carried out desk-based research undertaken primarily based on the analysis of existing literature through systematic analysis of the institutional, governmental, and existing legal frameworks for adapting to and mitigating climate change The results from this research demonstrated how important it is to incorporate adaption aspects into decentralized governance activities, such as planning, institution-building, resource allocation, and coordination, in order to scale up local-level climate adaptation. This study has shown that the current policies and regulations are very ineffective and insufficient in addressing climate change concerns. This is because only a small number of parts specifically discuss climate change and mitigation, and these provisions are not solely focused on climate change mitigation. This study therefore gives guidance and shall be momentous in Kenya in enabling county governments to actualize climate change response mechanisms in an effort to meet their obligation to mainstream climate change adaptation strategies in the execution of their functions. 2024-01-01T00:00:00Z http://erepository.uonbi.ac.ke/handle/11295/168103 Countering Terrorism Financing in Kenya: An Abortive Endeavour? Mboss, Lavender A The Kenyan Citizenry continues to bear the brunt of terror attacks thus far. The notoriety and callousness of the actions of Al-Shabaab on Kenyan soil has wreaked incalculable havoc. To curb the Al-Shabaab menace, it becomes imperative to forestall its financial capabilities. This research therefore aims to unravel the reasons why despite regulatory and structural framework criminalising Terrorism financing in Kenya, the Al-Shabaab militia continues to thrive. The research is premised on doctrinal legal research and particularly library based research as well as desktop research. To determine if the current Laws address Al-Shabaab’s sources of funding, the research analyses the various sources that the militia utilises to finance its activities. The study finds that Al-Shabaab employs both licit and illicit sources to finance its activities. The study further analyses the various Laws in Kenya that criminalise Terrorism Financing. This study finds that the Counter Terrorism Financing Laws are adequate but implementation thereof is wanting. The poor implementation is due to a myriad of reasons including but not limited to: Corruption, Lack of adequate financial resources, lack of political will and lack of capacity. The research thus proffers several recommendations in a bid to ameliorate the implementation of the Counter Terrorism Financing Laws. These include: A robust fight against corruption, improved security at the borders, Enhance capacity of stakeholders mandated with fighting terrorism financing, Sensitise the citizenry on the dire consequences of terrorism financing and allocation of adequate financial resources towards the fight against terrorism financing. This research has therefore suggested the areas that must be bolstered as well as ameliorated to enable better implementation of Counter Terrorism Financing Laws which will ultimately culminate in an effective and efficient fight against terrorism. 2024-01-01T00:00:00Z