Papers by michael masinde
Brill Sense, 2016
Women have both a right and an obligation to active participation in political leadership. Their ... more Women have both a right and an obligation to active participation in political leadership. Their role in modern politics is a subject that needs further insight, considering the rise in the number of women with relevant political positions on the international stage (Zamfirache, 2010). In our society, the media and how women are perceived plays a vital role in either advancing or limiting women participation in politics.
Defending Human Rights and Democracy in the Era of Globalization
The purpose of this chapter is to evaluate the impact of cyberspace, the blogosphere on political... more The purpose of this chapter is to evaluate the impact of cyberspace, the blogosphere on political autonomy and political participation. The cyberspace and the blogosphere have had a role to play in political autonomy and participation for as long as the internet has existed. The internet gives one a worldwide broadcasting capability. It is a mechanism for dissemination of information and a medium of collaboration and interaction between people irrespective of where they are situated in the world. Cyberspace and blogosphere are part of the bigger picture that is the internet.
International Journal of Human Rights and Constitutional Studies, 2015
Economic growth and potential of many states are reliant on transnational corporations (TNCs). De... more Economic growth and potential of many states are reliant on transnational corporations (TNCs). Despite the fact that TNCs contribute to the world's economy, they are often accused of human rights abuses. This paper examines how the laws that are applicable in Kenya control the behaviour of TNCs and prevents human rights violations by them. The paper further looks at the different measures that can be put in place to prevent human rights violations by the TNCs. In doing so, this paper explores the relationship between the interdisciplinary fields of investment law and human rights.
International Journal of Human Rights and Constitutional Studies, 2016
In civil jurisdictions, the family is a core unit of the society. It therefore, goes without sayi... more In civil jurisdictions, the family is a core unit of the society. It therefore, goes without saying that regulation of families is a matter of public interest. Public ordering of families has always taken precedence in regulation of family unit. With time, however, private ordering has become a mechanism or a means of regulating families. Pragmatic arguments have been advanced for and against both public and private ordering of families. Such arguments are religious, philosophical, legal as well as ethical. The evolving and constantly changing societal values have also encouraged incorporation of private ordering in regulation of family. This is because in certain instances changes in the society are ahead of the law and therefore, the law has to play a catch-up, for example; in the case of emerging non-traditional family units and new technologies in reproduction. This article reviews issues surrounding private ordering and seeks to establish the place of private ordering in regula...
This article keenly examines the complex moral, ethical and legal concerns that have arisen as a ... more This article keenly examines the complex moral, ethical and legal concerns that have arisen as a result of posthumous assisted reproduction (PAR) questions such as what constitutes informed consent, and whether it is ethical to retrieve spermatozoa from patients who are in a coma or dead are considered. Legal issues such as whether gametes can be considered as property. There is also the need to clarify the legal meaning of paternity in relation to children born in posthumous reproduction circumstances. The need to respect and honour the wishes of the deceased donor and the most important of them all is protection of the interests of the unborn child are outlined. The intention of the gestating woman should also be made clear; sometimes the desire of undergoing a posthumous assisted reproduction may arise due to the grieving process. This article asserts the need of recognising the legal and social status of the child and the written consent of the deceased donor.
This paper examines the validity of payment/exchange of matrimonial gifts as a condition to seali... more This paper examines the validity of payment/exchange of matrimonial gifts as a condition to sealing marriage under the African customary laws. The paper also critically analyses the legal position of the practice and the emergent constitutional and human rights issues that arise due to the practice. The issues include wife selling and degradation of women as a result of the payment/exchange of matrimonial gifts. The main objective of the paper is to analyse the effectiveness of Kenya's legal, judicial and legal policy framework in regards to marriage gifts.
The separation of powers doctrine is a fundamental principle of law that maintains that all three... more The separation of powers doctrine is a fundamental principle of law that maintains that all three organs of government remain separate. This requires that the judiciary, the executive and the legislature all remain distinct from each other to ensure that the different arms of government do not encroach upon each other. The rationale of the separation of powers is often elided with the rationale of checks and balances and with the rationale of the dispersal of power generally in a constitutional system. The subject is divided into two substantive parts. The first part analyses the origin, nature, purpose and major modern manifestation of the doctrine of separation of powers. The second part focuses on how the doctrine operated in Kenya under the repealed constitution (pre-2010) and how it has contributed to a solid and sustained constitutional system post 2010. The relationship between the executive and the judiciary forms the crux of the second part with judicial independence as a c...
International Journal of Human Rights and Constitutional Studies
Before the existence of the International Criminal Court, other international criminal tribunals ... more Before the existence of the International Criminal Court, other international criminal tribunals did not provide victims with significant rights of participation and were mainly concerned with bringing criminals to justice. The main provision on victim participation at the International Criminal Court is Article 68(3) of Rome Statute with the Regulations of the Court and Rules of Evidence and Procedure put in place to bring it into life. The adoption of provisions recognising participatory rights has caused much dissension amongst jurists. The arguments regarding to victims participation in proceedings are numerous. Many argue that the recognition of participatory rights represents a great victory in international criminal justice. Others fear that victim participation in proceedings may conflict with the accused's right to a fair trial. This paper seeks to dissect the right of victims' participation at the ICC as weighed against the rights of the accused and the concept of fair trial.
International Journal of Human Rights and Constitutional Studies, 2016
This paper seeks to interrogate the place of euthanasia suicide in Kenya's legal framework. E... more This paper seeks to interrogate the place of euthanasia suicide in Kenya's legal framework. Euthanasia raises medical, legal, moral and ethical issues. One of the major ethical issues surrounding euthanasia concerns the value attached to human life - the sole objective of human existence requiring all clinical practices to comply with this objective, which is grounded in the religious belief that life is God given and no one has the right to take it away. Opponents also argue that individual autonomy should not be allowed to dictate the social policy regarding euthanasia. Proponents of euthanasia fashion their argument around quality or dignified life, saying that when the quality of life falls below the threshold of dignity, a person has a right to die. This work will analyse the various arguments put by proponents and opponents alike and ultimately interrogate the viability of euthanasia as an idea under Kenya's legal system.
Introduction to Gender Studies in Eastern and Southern Africa, 2016
Women have both a right and an obligation to active participation in political leadership. Their ... more Women have both a right and an obligation to active participation in political leadership. Their role in modern politics is a subject that needs further insight, considering the rise in the number of women with relevant political positions on the international stage (Zamfirache, 2010). In our society, the media and how women are perceived plays a vital role in either advancing or limiting women participation in politics.
Journal of Chemical Ecology, 2010
Infectious diseases affecting livestock and human health that involve vector-borne pathogens are ... more Infectious diseases affecting livestock and human health that involve vector-borne pathogens are a global problem, unrestricted by borders or boundaries, which may be exacerbated by changing global climate. Thus, the availability of effective tools for control of pathogen vectors is of the utmost importance. The aim of this article is to review, selectively, current knowledge of the chemical ecology of pathogen vectors that affect livestock and human health in the developed and developing world, based on key note lectures presented in a symposium on “The Chemical Ecology of Disease Vectors” at the 25th Annual ISCE meeting in Neuchatel, Switzerland. The focus is on the deployment of semiochemicals for monitoring and control strategies, and discusses briefly future directions that such research should proceed along, bearing in mind the environmental challenges associated with climate change that we will face during the 21st century.
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Papers by michael masinde