http://erepository.uonbi.ac.ke/handle/11295/14347 Mon, 18 May 2026 20:36:18 GMT 2026-05-18T20:36:18Z http://erepository.uonbi.ac.ke/handle/11295/153925 A Case Study on the Application of Alternative Dispute Resolution Mechanisms in the Nandi-luo Communities’ Border Conflict Asunah, Betty The study explores the use of Alternative Dispute Resolution (ADR) mechanisms in the Nandi-Luo communities’ conflict. The study identified that the application of ADR mechanisms has not yielded a permanent solution between the two communities. The study therefore examined the manner in which ADR has been previously applied with the aim of identifying the gaps and make recommendations as to how ADR could be used effectively. In discussing the statement problem, data was collected from both field work and desk review. The data collected was then analysed and extracted in order to fulfil the objectives and answer the questions of the study. The research made a justification that the findings of the study would go a long way in helping the development of law and policy in ensuring that the application of ADR resulted into plausible and permanent solution to the conflict. The study was informed by the sociological school of thought and African jurisprudence in discussing the theoretical framework and conceptualization of ADR in conflict resolution.In analysing the data collected, the study made an argument for the conceptualization of ADR in solving conflicts. The study placed the application of ADR as an entitlement provided under the Constitution of Kenya, 2010 which seeks to enable access to justice; promote restorative justice; enhance social cohesion and provide an avenue for enjoyment of communal rights. The study found that the application of ADR in the Nandi-Luo communities’ border conflict is marked with inconsistency and uncertainty on procedures to be followed. Notable challenges involved lack of policy and legal procedures on how ADR mechanisms like traditional dispute resolution mechanisms would be documented to serve as a reference ground on future discussion. Others findings include the uncertainty involved in language barrier between the two communities and high levels of illiteracy which affect desired understanding. The study made short and long term recommendations on how the use of ADR could be fostered so as to achieve the desired results. Short term recommendations provide for measures which should facilitate community participation and ownership of the processes while long term recommendations explore how legislative assemblies and executives could design laws and bodies which should record and oversee the implementation of resolutions. Wed, 01 Jan 2020 00:00:00 GMT http://erepository.uonbi.ac.ke/handle/11295/153925 2020-01-01T00:00:00Z http://erepository.uonbi.ac.ke/handle/11295/90689 Safeguarding environmental rights in Kenya Muigua, Daniel K; Kariuki, Francis The lack of a constitutional guarantee to a clean and healthy environment was widely seen as the main setback towards achieving an integrative and harmonious policy and legal framework for sound environmental management in Kenya. The clamour for an integrated framework resulted in the enactment of the Environmental Management and Co-ordination1 and more recently the Constitution.2 This paper appraises the constitutional basis of environmental rights in ensuring that they are observed, respected, protected, promoted and fulfilled. The scope of the right to a clean and healthy environment will be examined. Equally the authors examine the efficacy and the role of procedural rights such as access to information, access to justice and public participation in decision-making in the promotion, protection and fulfillment of environmental rights. The enhanced role of the courts under the constitution in promoting and safeguarding environmental rights through their judgments, declarations and other reliefs that they may grant to litigants will also be discussed. The authors argue that by having the right to a clean and healthy environment and other procedural rights as constitutional rights and by enhancing the role of the courts environmental rights will be more safeguarded. The paper proceeds in four parts. Part 1.0 is the introduction. Part 2.0 addresses environmental rights in the constitution. It discusses the right to a clean and healthy environment and its scope; economic and social rights; procedural rights; the right to life and environmental protection measures. Part 3.0 examines the challenges and opportunities in realizing the right to a clean and healthy environment. The conclusion is in Part 4.0 Tue, 01 Jan 2013 00:00:00 GMT http://erepository.uonbi.ac.ke/handle/11295/90689 2013-01-01T00:00:00Z http://erepository.uonbi.ac.ke/handle/11295/77631 Examining “Electronic Fraud” in Kenya and the Impact on Commercial Justice Onyango, Peter O. Postmodern time has transformed the world status of affairs in doing business, perceiving and conceiving law in society today. One of the key challenges is the strategic shift from the use of analogue to digital means of transacting business. It is a fact that business behaviour has evolved from man in the cave to man of the computer rendering the world order more efficient. The more we appreciate technology and historic scientific discoveries the more we get into various challenges. New media have brought along new crimes such as, cybercrimes, internet, or computer crimes. Now that many people are hyperconnected in cyberspace, a reality that is becoming increasingly busier, people are interacting freely in carrying out their affairs online. Use of computer is no longer a privilege for the elite who gather to disseminate information but an open space for doing real business. Consequently, this comes with a price to pay, namely, new financial offences such as online fraud. The author is interested in exploring how e-commerce is changing behaviour of business in Kenya today. The discussant is pre-empting legal implications of the e-commerce and how law and policy makers should promptly respond Wed, 01 Jan 2014 00:00:00 GMT http://erepository.uonbi.ac.ke/handle/11295/77631 2014-01-01T00:00:00Z http://erepository.uonbi.ac.ke/handle/11295/54377 Freedom Of Contract, A Myth Or A Reality? An Examination Of The Operation Of The Above Concept In Kenya With Special Reference To Motor Industry. Nyauchi, F U Mon, 01 Jan 1979 00:00:00 GMT http://erepository.uonbi.ac.ke/handle/11295/54377 1979-01-01T00:00:00Z