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Item BEYOND THE STETHOSCOPE: NAVIGATING KENYA’S HEALHCARE CRISIS(UoEm, 2024-07-10) Omondi, AlamynOur healthcare system grapples with profound inequities and systemic failures. This might be news to those exposed to high quality medical care, but to others, this crumbling system might be the last straw to clutch on. We need to save it. This paper will trace, locate and isolate the challenges facing the healthcare system. It will not stop there. It will delve deep into the commendable efforts by the government, at both levels, to even the score. They are still not enough. The chasm between policy and practice remains vast. Vulnerable populations bear the brunt of this crisis and as such, much needs to be done in order to bridge this gap.Item HEALTH CARE ACCESS & EQUITY: ADDRESSING DISPARITIES IN KENYA(UoEm, 2024-07-10) Tabitha, PreciousHealth involves thriving into various aspects of life and encompasses more than just avoiding to get sick. It includes various factors such as the mental, physical and social well-being of an individual. It is not just merely one lacking a disease or complications in the body but also just having piece of mind and a stable state of reasoning. By physically being healthy it means that one’s body organs are working optimally and normally and that the person has adequate rest, regular exercise and always has a balanced diet. Mental health is also very essential since it entails emotional stability where one has a sense of purpose and is calm emotionally and thus the famous saying by Elyn R. Saks that ‘No one would ever say that someone with a broken arm or a broken leg is less than a whole person, but people say that or imply that all the time about people with mental illness.’ Social wellbeing revolves around creating relationships, connecting with people and the world. Kenya recently has encountered a tough situation where doctors in the country went on strike for about a month demanding for better payment and proper working conditions which lead to public hospitals being empty and patients having to run to expensive private hospitals to seek medical attention. Such strikes highlight the various issues facing the quality of the Kenyan health system. Despite such health problems Kenya has also been seen to ensure proper health services to its people and one of the ways is that Kenya has joined the International Vaccine Institute as a member state strengthening efforts to ensure access to vaccines and health security. Our very own Court of Appeal has recently approved the Social Health Insurance Fund (SHIF) which is President Ruto’s initiative to address the disparities in health care access and improve health outcomes. Therefore, despite the country facing health quality standards issues there is also a big attempt to ensure good health for its citizens. The Universal Health Coverage also serves as a good mechanism for the betterment of the Kenyan Health System. This paper investigates the state of healthcare in Kenya, focusing on access to quality services, healthcare infrastructure, public health initiatives and efforts to achieve Universal Health Coverage.Item HEALTHCARE ACCESS AND EQUITY: ADDRESSING DISPARITIES IN KENYA(UoEm, 2024-07-10) Ndingi, KennedyThis paper embarks on exploring the inequity in access to healthcare in Kenya. This is despite the efforts by the government to ensure that all citizens have equal access to health. This paper suggests that the tremendous steps taken by the government towards that direction have been hampered by inconsistencies. The study aims to tackle social-economic disparities that negatively influence access to healthcare. A special focus is illuminated on the prevalence of socio-economic inequalities in the country. Poverty, poor quality of health services, inadequate medical personnel, inaccessibility to healthcare services and geographical barriers are some of the disparities that the paper addresses. This paper also analyses the Universal Health Coverage Policy that contains strategies and framework for implementation of health policy from the year 2020 to the year 2030. Furthermore, this study looks into the role played by both the government and stakeholders in the Heath Sector. Through the lenses of this paper the government has a critical role to play to ensure equitable access to health care services to its citizens.Item HEALTHCARE ACCESS & EQUITY: ADDRESSING DISPARITIES IN KENYA(UoEm, 2024-07-10) Njuguna, Solomon GathereKenya faces a challenge in ensuring everyone has access to the healthcare they need. Despite government’s efforts, disparities persist. Despite having a majority of Kenyans residing in the rural areas, it is those in urban areas that enjoy better medical facilities including access to qualified professionals.1 This gap further widens when considering factors like poverty, gender or disability. From lack of medical professionals, particularly in remote areas, to the financial burden, numerous hurdles exist which create disparities in accessing health care services. Geographical inequities leave rural communities with fewer facilities and specialists as compared to urban centers. Despite numerous legal frameworks aiming to bridge this gap, challenges in implementation persist.Item BRIDGING THE HEALTH DIVIDE: ACHIEVING EQUITY AND ACCESS IN KENYA'S HEALTHCARE SYSTEM(UoEm, 2024-07-10) KOECH, GIDEON KIPCHEUThis paper provides a detailed analysis of healthcare access and equity in Kenya by providing historical context, current status, and critical disparities experienced in health services. It looks at the urban-rural divide, important court cases, healthcare infrastructure, public health, and the quest for Universal Health Coverage. Best practices emerge for Kenya through comparative analysis with countries like Rwanda, Ghana, and Thailand. These are all-inclusive policy recommendations, community engagement strategies, public-private partnerships, technological innovations, and capacity-building initiatives. The article concludes: "We envision a future where every Kenyan has access to the health care needed. We hope this vision inspires readers.Item Student abstract: Mwangolo Kombo Shaibu(UoEm, 2024-05-20) Mwangolo, Kombo ShaibuMwangolo Kombo Shaibu, a fourth-year law student of the University of Embu wins the first position with a cash prize award of CHF 450, in the essay writing competition of the 21st Century, organized by the International Committee of the Red Cross.Item RULE OF LAW IN EAST AFRICA-CHALLENGES(UoEm, 2024-05-20) Margaret, Manyange KeruboThe East African Community (EAC) comprises of the following Countries Kenya, Uganda, Rwanda, Tanzania, Rwanda, Somalia, Democratic Republic of Congo and Burundi. For a country to be admitted to the EAC, it must subscribe to the universal principles of good governance,democracy, and the rule of law. This paper outlines the definition of the rule of law and the elements of the rule of law. It also seeks to highlight the factors undermining the implementation of the rule of Law across the EAC. The term ‘rule of law has attracted different meanings and corollaries, however, for purposes of this paper, a definition that encapsulates the primacy, gist and spirit of the rule of law is “a set of principles, or ideas, for ensuring an orderly and just society.” The paper concludes that despite the entrenchment of the concept of the rule of law in the Constitutions of most East African Countries less has been done to promote its implementation. This paper explores some of the legal, ethical and practical challenges facing the implementation of the rule of law in East African Countries.Item Environmental Justice and Alternative Dispute Resolution(UoEm, 2024) George, Nyamboga Nyanaro; Victor, Kiptoo Chumba; Gloria, Koskei Cherotich; Joshua, Kimani; Hamisi, A. Silaha; Solomon, Gathere Njuguna; Vincent, Gachumi Mwangi; Deborah, Nzomo; Samuel, Maroro; Joy, Maina; Samuel, Karanja; Prisco, Ng’ang’a; Oscar, Mukabwa; Ontweka, Yvonne Kwamboka; Kelsey, Roda Kiplagat; Allex, O. Mokua; Brian, Kipkurui; Christopher, Kinyua Mwai; Elder, Jepleting; Celestine, Makori; Grace, Ingabire; Aromo, Marion; Margaret, Akinyi; Edwin, Kola Muwanga; Alamyn, Omondi; James, NjugunaTrust the Process — a mantra that has not only guided but also illuminated our path from the spark of an idea to the full bloom of realization. Engraved within these pages, whether held in hand or displayed on screen, lies the culmination of fervent aspirations from students determined to carve their indelible mark upon the academic landscape through research, discovery, and the art of the written word. Anchored by a steadfast commitment to professionalism and scholarly diligence, the articles meticulously arranged in this volume navigate the complex terrains of climate and environmental justice, sports law, and alternative dispute resolution, all under the umbrella of contemporary global discourse. The launch of this edition coincides with a period of heightened engagement with issues at the intersection of law, science, and technology — a testament to its prescience and relevance. Our ambition has been unwavering: to foster a community of law students who embody the essence of problem-solving, critical analysis, and an unquenchable thirst for knowledge. Thus, we proudly unveil the University of Embu Law Review. Immerse yourself in the intellectual feast laid out before you, a banquet crafted by the diligent hands of your peers, the scholars of ink and insight. Profound appreciation is extended to the tireless editors, whose nocturnal labour have brought this law review to fruition. To the Dean and Chairman of the Department, we offer our heartfelt thanks for their unwavering support and guidance. The mentorship of Professor Kariuki Muigua and Advocate James Njuguna has been instrumental; without their generous contributions, this publication might have remained a distant dream. My deepest gratitude flows to the pioneers who contributed to this inaugural issue, marking a historic moment as the first-ever law journal published by the University of Embu. Their journey along the road less travelled has left an enduring legacy within the University’s annals of scholarly works. With the University of Embu Law Review now vibrant and alive, the meticulous craftsmanship of the Editorial Board stands as a testament to our dedication to excellence. It is with pride that we acknowledge the shared vision of Kimathi Kanana, Silaha Hamisi, and Joseph Amaganga with the board. The overwhelming support from the law students and faculty has been remarkable — a testament to the collective spirit that has brought this endeavour to life. As we present this labour of love, my heart swells with fulfillment. Yet, none of this would have been conceivable without divine grace. As I herald the launch of this inaugural volume and issue, passing the torch to the successors, I am reminded of the timeless biblical words from 2nd Timothy 4:7-8: “I have fought the good fight, I have finished the race, I have kept the faith.” *Veni, Vidi, Vici* — and to all, a joyous and enlightening read.Item Legislative Handbook on Principles of Equality and Non-Discrimination(2018-11) Laibuta, Kibaya I.August 2010 ushered in an unprecedented era of civil liberties backed by a robust Bill of Rights containing progressive provisions on economic, social and cultural rights. The transformative Constitution provided the foundational basis for reform in legislation and enhanced institutional frameworks for the respect, promotion and protection of human rights, including the right to equality and freedom from discrimination on the basis of gender and other social status specified in Article 27. These constitutional guarantees opened wide doors for heightened advocacy for the advancement of, among other things, gender equality and far reaching reforms towards gender mainstreaming and the safeguarding of women’s rights and the rights of other vulnerable and marginalised groups. The promulgation of the Constitution on 27 th Despite the broad spectrum of constitutional guarantees, which have heightened the legitimate expectations and aspirations of the people of Kenya, the majority are yet to enjoy equal opportunity and inclusion in all spheres of social-cultural, economic and political life. Indeed, Special Interest Groups (SIGs) do not enjoy equal access to fundamental rights and freedoms and remain subject to differential treatment and exclusion in the fields of healthcare, education, employment, economic and social life. Yet they are more than ever before entitled to recognition and equal protection of the law, which is only attainable through sound policy and legislation, administrative procedures and institutional frameworks founded on the core principles of equality and inclusion. To this end, state and non-state agencies have made concerted efforts to facilitate the realisation of human rights for marginalised groups and vulnerable minorities by influencing legislation and institutional reforms to motivate gender equality and inclusive development. To make these rights real, Article 59 of the Constitution established the Kenya National Human Rights and Equality Commission, which was subsequently restructured into the present-day Kenya National Commission on Human Rights (KNCHR), the National Gender and Equality Commission (NGEC) and the Commission on Administrative Justice (CAJ) to oversee the promotion and protection of human rights and freedoms.Item Towards an effective Kenyan labour dispute resolution system: A comparison with the South African labour dispute resolution system and International Jurisprudence(2018) Gathongo, Johana K.There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts. This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.Item Internship: A Bridge to Employment or a Trap to a Disguised Employment Relationship?(2021) Gathongo, Johana K.Internship can be and should be a vital part of the switch from edification to the workplace. This article however questions the extent to which internships are used to serve as a transition between education and employment. Though considered valuable to the host institution, many interns face high levels of job uncertainty. One key contributing factor is the existence of disguised forms of employment in the Kenyan labour market. This occurs when the true legal status of a person who is an employee is disguised in a way that hides his or her true legal status or gives it an appearance of a different legal nature. Arguably, interns have fallen victims. The current internship arrangement in Kenya poses several thorny employment law questions particularly the legal status of the intern. Arguably, the existing internship arrangement permits dishonest host institutions to take advantage of the arguably weak monitoring and enforcement system of the employment laws resulting in intern exploitation. The analysis done in this article reveals that interns are possibly employees and should thus be afforded full protection embedded under Article 41 of the Constitution as well as the Employment Act, 2007 including job security, fair remuneration and reasonable working conditions The article emphasises that the National Employment Authority and other relevant authorities should seek to perform their mandate effectively by monitoring all placements of interns to ensure that they are not exploited or their rights violated by host institutions in which they are undertaking their internship.Item Setting the record straight in socio- economic rights adjudication: The Mitu-Bell Welfare Society Supreme Court of Kenya judgment(Kabarak University, 2022) Miyandazi, VictoriaA leading criticism of the Mitu-Bell Welfare Society decision in the Supreme Court of Kenya is that it fell short of achieving the transformative effects expected similar to South Africa’s Irene Grootboom. One such critique has been provided by Ian Mwiti Mathenge in his paper which this article responds to by asserting that the Court addressed relevant issues to Kenya’s jurisprudential needs. Specifically, the Court clearly affirmed evictees’ rights to seek redress including compensation, adequate notice, dignified treatment and even the provision of alternative land for resettlement. The analysis of the case also acknowledges the Court’s interpretation on the place of international law in Kenya, and areas for future research and development.