Drafts by Eugene Otieno Owade
Executive in Constitutional Amendment Processes in Kenya, 2023
This paper analyses the place of the President in law making processes. The assumption is that co... more This paper analyses the place of the President in law making processes. The assumption is that constitutional amendment is either through the parliamentary route under Article 256 or through the popular initiative route under Article 257 of the Constitution of Kenya 2010. The paper has also been enriched by the jurisprudence developed on the Building Bridges Initiative (BBI) politics and litigation in Kenya.
Papers by Eugene Otieno Owade
Social Science Research Network, Dec 31, 2022
Social Science Research Network, Dec 31, 2022
Intellectual Property, Innovation and Climate Technology are Key in Addressing the Global Climate Crisis, 2024
Kenya must tap into intellectual property, innovation and technology transfer in promoting sustai... more Kenya must tap into intellectual property, innovation and technology transfer in promoting sustainable development, climate change mitigation and adaptation; and in the development of environmental technologies in order to achieve carbon-neutrality by 2050. This paper addresses some of the emerging debates and issues in the context of the 2024 World Intellectual Property (IP) Day.
Critical Legal Studies (CLS): Contextualizing the Jurisprudential Basis, Nature And Scope, 2023
This paper analyzes the Critical Legal Studies movement, the key proponents; their main contribut... more This paper analyzes the Critical Legal Studies movement, the key proponents; their main contribution to jurisprudential debate(s); and the attendant criticisms against their philosophy.
African Journal of Law and Justice System (AJLJS), 2023
This paper acknowledges the progressive efforts under the Constitution of Kenya, 2010, statutes a... more This paper acknowledges the progressive efforts under the Constitution of Kenya, 2010, statutes and jurisprudence on the rights of accused persons vis-àvis victim rights under Kenya's criminal justice system. It conceptualizes the place, scope, and evidentiary weight of victim impact statements by arguing that VISs have evidentiary value especially during court sentencing. Secondly, the paper evaluates what "reasonable access" means in a criminal justice system and whether the discretion of the Court under section 329C(4) of the Kenyan Criminal Procedure Code is constitutional, equitable and promotes access to justice. Thirdly, whereas discretion is a fundamental element of judicial independence, further conceptual and theoretical studies on access to justice are necessary in understanding the intersectionality of different variables under Kenya's criminal justice system, the need for progressive development of the law. Lastly, this paper contributes to the body of knowledge on the intersectionalities under criminal justice systems.
EVALUATING THE EFFECTIVENESS OF KENYAN LEGAL FRAMEWORKS ON ADDRESSING STATELESSNESS , 2023
Kenya’s legal, regulatory, institutional and administrative frameworks are not adequate in safegu... more Kenya’s legal, regulatory, institutional and administrative frameworks are not adequate in safeguarding the rights of stateless persons despite Kenya being a signatory to various international human rights laws and conventions. This paper assesses the underlying challenges and opportunities in a bid to provide a basis for effective integration of refugees in Kenya and Africa
Afro-Kenyan Conceptualization of Labour Law vis-à-vis Emerging Socio-Economic Conditions, 2023
Kenyan labor laws, regulations, policies, and practice have significantly evolved. However, this ... more Kenyan labor laws, regulations, policies, and practice have significantly evolved. However, this paper argues that African values still hold critical significance, especially in maintaining employer-employee relationships, and for amicable dispute resolution through Alternative Dispute Resolution (ADR) mechanisms.
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Drafts by Eugene Otieno Owade
Papers by Eugene Otieno Owade