Browsing School of Law by Issue Date
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Wekesa, Moni; Langhof, H; Sack, P (Int. J. Sports Med., 1988)[more][less]
Abstract: We investigated the intensity of exercise in the asthma six-minute provocation test (ASMT) for asthmatic patients and mountain climbing. Six asthmatic boys with mean age 11.7 +/- 2.1 years and mean weight 44.5 +/- 13.2 kg participated in this study. HR, FEV1 and RR values were recorded. In both forms of exercise, the participants achieved intensities of over 160 beats/min. EIA was diagnosed in five of them after the SSMT. There was not much variability in the PEFR values observed during mountain climbing. The rise in systolic pressure was within normal. The echocardiogram (ECG) was not pathologic. Further investigations are required to establish the suitability of mountain climbing as an appropriate form of sport for asthmatics. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4214 Files in this item: 1
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Wekesa, Moni; Onsongo, J. (British Journal of Sports Medicine, 1992)[more][less]
Abstract: The Kenyan team that competed at the International Summer Special Olympics comprised 38 athletes (both men and women) selected from all competitors at the national championships. The team was examined and a physiological fitness test carried out. The results enabled the organizers to arrange for treatment of prevailing illnesses, and the training programme was adjusted to the athletes' level. This team was voted the best team of the month of July, having won 33 gold, three silver and two bronze medals. Sound medical care of athletes should be taken before and during competition. Such management should aim at minimizing injuries and enabling athletes to perform at their best. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3111 Files in this item: 1
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Wekesa, Moni (East African Medical Journal, August , 1992)[more][less]
Abstract: A case in which exercise-induced asthma (EIA) was provoked at an intensity of less than 100 beats/min is discussed. EIA was provoked by a 12-minute walk test. Earlier tests using walking on other subjects had not produced such a result. It is therefore vital to teach asthmatics to monitor their pulmonary response at regular intervals to avert serious attacks in activities of daily living URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4253 Files in this item: 1
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Wekesa, Moni; Asembo, J.M (May , 1993)[more][less]
URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4229 Files in this item: 1
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Wekesa, Moni; Asembo, J M; Njororai, W W (East African medical Journal, November , 1993)[more][less]
Abstract: A team of 25 top Kenyan male hockey players preparing for the fifth Africa Cup of Nations Championships was tested before and after seven weeks of training. At the end of the training, 16 of them were selected into the National team. The illnesses and injuries of the team members were documented using the Wekesa Protocol Sheet. The Asembo Hockey Fitness test was used to evaluate fitness. There was a significant decrease in the heart rate after training (p < 0.01). The sum of the recovery pulse decreased from 550.92 +/- 46.90 to 498.88 +/- 44.06 (p < 0.001). A significant (p < 0.01) improvement in the time taken to perform the test (before: 814.08 +/- 126.08 sec; after: 715.0 +/- 92.78 sec) was established. During training and the championship matches a total of seven illnesses occurred. There were no serious injuries, the commonest being contusions (70%), and lacerations (15%). The lower part of the body below the hips was more affected by injuries (60%) than the upper. The results of the fitness test confirm the commonly held view in sports medicine regarding morphological and functional adaptations due to training. The injuries recorded appear to be characteristic of hockey URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4252 Files in this item: 1
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Wekesa, Moni; Langhof, H (East African Medical Journal, November , 1993)[more][less]
Abstract: We set out to evaluate the coordinative ability of asthmatic children and to find out how this component of physical fitness is affected by a training programme of a short duration. Seventeen asthmatic children participated in the study. Their ages ranged from 9.0 to 14.5 years. Their mean weight (+/- SD) was 44.89 +/- 14.94 kg and mean height (+/- SD) was 153.21 +/- 9.92 cm. Coordination was measured using the Body Coordination Test for Children (BCTC) developed by Kiphard and Schilling in 1974. The subjects participated three times a week in a sports programme. The results were analysed using the Wilcoxon test for dependent variables and regression analysis. We noted a significant improvement at the end of the training programme (p < 0.05), although there was no correlation between attendance and improvement in performance. Our results do not support the general view that asthmatics are unfit. We concluded that asthmatic children are not generally unfit, and that their coordinative ability can be improved within a relatively short time of training. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4254 Files in this item: 1
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Wekesa, Moni; Langhof, H; Sack, P (January , 1994)[more][less]
Abstract: We investigated the intensity of exercise in the asthma six-minute provocation test (ASMT) for asthmatic patients and mountain climbing. Six asthmatic boys with mean age 11.7 +/- 2.1 years and mean weight 44.5 +/- 13.2 kg participated in this study. HR, FEV1 and RR values were recorded. In both forms of exercise, the participants achieved intensities of over 160 beats/min. EIA was diagnosed in five of them after the SSMT. There was not much variability in the PEFR values observed during mountain climbing. The rise in systolic pressure was within normal. The echocardiogram (ECG) was not pathologic. Further investigations are required to establish the suitability of mountain climbing as an appropriate form of sport for asthmatics. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4228 Files in this item: 1
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Wekesa, Moni (African Journal of Science, November , 1995)[more][less]
Abstract: Injuries are common in all sports, including soccer. Most of these injuries can be prevented if their aetiology, mechanisms and predisposing actions are analyzed. There were a total of 32 injuries in the study period. The incidence of lesions was 1.78 per match or 1.1 per player. 43.75% were contusions, 31.25% overuse and 25% sprains. 34.38% of the injuries affected the groin/thigh, 28.13% the knee and 25% the ankle. The right side of the body (65.63%) suffered more injuries. The opponent (60%), ball (12%)and the ground (10%) were the major causes. The activities during injury were running/dribbling (43.8%), tackling (18.8%) and heading (9.4%). A similar study of longer duration is recommended. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4227 Files in this item: 1
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Wekesa, Moni; Asembo, J M; Njororai, W W S (British Journal of Sports Medicine, 1996)[more][less]
Abstract: Objective-To investigate injuries in international rugby football. Methods-All injuries that led to temporary stoppage of the game or to the substitution of a player during the Rugby World Cup qualifying tournament were recorded. Six matches were played, involving the Arabian Gulf, Kenya, Namibia, and Zimbabwe. Results-47 injuries were recorded, giving an injury rate of eight per match. The number of injuries decreased from 38-3% in the first matches to 23-4% in the final ones. The most serious injury was a concussion and the majority of the injuries affected soft tissues. Anatomically, the lower limbs suffered most injuries (46-80/6), followed by the head (21-3%), trunk (17-0%), and upper limbs (12-8%). Slightly more injuries occurred in the defensive half of the field of play (53-2%) than in the offensive half (46.8%). More injuries occurred in the second half (61-7%) than in the first half (38.3%). Conclusions-Protective equipment should be introduced to miniimise the number and seriousness of injuries in rugby. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3110 Files in this item: 1
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Asembo, J M; Njororai, W W S; Wekesa, Moni (Daystar University, school of Law, March 1, 1996)[more][less]
Abstract: Objective-To investigate injuries in international rugby football. Methods-All injuries that led to temporary stoppage of the game or to the substitution of a player during the Rugby World Cup prequalifying tournament were recorded. Six matches were played, involving the Arabian Gulf, Kenya, Namibia, and Zimbabwe. Results-47 injuries were recorded, giving an injury rate of eight per match. The number of injuries decreased from 38-3% in the first matches to 23-4% in the final ones. The most serious injury was a concussion and the majority of the injuries affected soft tissues. Anatomically, the lower limbs suffered most injuries (46-80/6), followed by the head (21-3%), trunk (17-0%), and upper limbs (12-8%). Slightly more injuries occurred in the defensive half of the field of play (53-2%) than in the offensive half (46.8%). More injuries occurred in the second half (61-7%) than in the first half (38.3%). Conclusions-Protective equipment should be introduced to miniimise the number and seriousness ofinjuries in rugby. Description: jornal artice URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3995 Files in this item: 1
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Asembo, JM; Wekesa, M. (East Afr Med J ., February , 1998)[more][less]
Abstract: Team handball is a fast, explosive sport, and injury risk is inevitable. There is need to define the risk factors in order to formulate preventive, treatment and rehabilitation measures. This study investigated the nature, aetiology, mechanism and anatomical localisation of injuries observed among male and female players during the tenth edition of the East and Central Africa Senior Clubs Championships (9th-17th April, 1995) in Nairobi, Kenya. There were nine male and five female teams from Kenya, Uganda, Tanzania and Ethiopia which played nineteen and ten matches respectively leading to 52(77.61%) and 15(22.39%) injuries. The matches were observed and the injuries recorded live by trained researchers and the result confirmed after the match. The commonest injuries were contusions (64.18%). Most injuries were caused by another person (85.07%), majority of them occurring due to collision (55.22%). The head suffered most injuries (59.24%) and many players got more injured while attacking than defending. In all, 56.7% of the injuries were observed in the second half. Generally, only 38.81% of the injuries led to a substitution of player. This pattern of injuries was the same for both male and female players. More studies of this nature are recommended in order to clearly define injury risk in team handball and, thus, preventive, treatment and rehabilitation measures. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4226 Files in this item: 1
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Wekesa, Moni (African Technology Policy Studies Network, 2006)
[more][less]Abstract: The African Technology Policy Studies Network (ATPS) is a multi-disciplinary network of researchers, policy makers, actors in the private sector and other end-users interested in generating, promoting and strengthening innovative science and technology policies in Africa. With a regional secretariat in Nairobi, the network operates through national chapters in 23 African countries, with an expansion plan to cover the entire sub-Saharan Africa. One of the objectives of the network is to disseminate research results to policy makers, legislators, the organized private sector, civil society, mass media and farmers’ groups through publications, dialogue and advocacy. Among its range of publications are the Working Paper Series (WPS), Research Paper Series (RPS), Special Paper Series (SPS) and the Technopolicy Briefs. Technopolicy Briefs Series are commissioned short papers written by experts from all over the world specifically to address current science and technology policy concerns and questions in Africa. The briefs are also summaries of technical papers published under our WPS, SPS and RPS written to highlight significant policy recommendations. These briefs are written with the busy policymakers and non-specialists in mind. The materials are designed for general readership and help advance the advocacy and knowledge brokerage roles of the ATPS. ATPS is supported by a growing number of donors including the International Development Research Center (IDRC), the Carnegie Corporation of New York, the Rockefeller Foundation, the World Bank, the OPEC Fund, Ford Foundation, Coca-Cola Eastern Africa, the African Development Bank, and the Royal Dutch Government URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3113 Files in this item: 1
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Musikali, Lois M. (International Company and Commercial Law Review, 2008)
[more][less]Abstract: There is increasing evidence that a country's legal system plays a significant role in determining the success of its corporate governance system. Research has shown that good corporate governance is more likely to be associated with countries with a strong legal system.1 However, in the recent move towards the privatisation of corporations, Kenya, like other developing countries, has adopted a corporate governance code that is drafted from a combination of codes from developed countries with little thought being given to the underlying conditions of the market in which this code is to be enforced. A significant amount of training of company directors on the importance of good corporate governance is underway. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3119 Files in this item: 1
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Wekesa, Moni; Shihanya, Ben (Konrad Adenauer Stiftung, 2009)
[more][less]Abstract: For decades, Konrad Adenauer Stiftung has endeavoured to promote and protect the rule of law around the world out of the recognition that this is essential for the enjoyment of human and political rights, and that it forms a fundamental pillar for achieving fair, sustainable and broad-based socioeconomic growth and prosperity. In these hard and trying times for the world economy, the need for rule of law reforms that encourage entrepreneurship and business development cannot be gainsaid. Respect for the rule of law not only creates favourable conditions that foster business development, but also provides essential assurance and confidence for investors. Whereas, the concept of the rule of law encompasses a very wide scope in the field of economy, this publication on fines itself to the protection of intellectual property rights in the Kenyan context. It is undoubted that if Kenya’s Vision 2030 is to be realized, the protection and promotion of intellectual property rights which includes patents, trademarks and copyrights must be granted due attention. This will offer inventors and artists the much needed confidence and trust, in addition to offering them the legal incentive to create and explore further, since they are assured of exclusive rights for a finite period of time. These guarantees will not only allow innovators to recoup the costs put into creating products but are also essential for creating and sustaining modern, knowledge and technology based economies necessary to develop in today’s global market. Consumers and traders too, stand to benefit from the enforcement of intellectual property rights because this will help in ensuring product safety and increase the likelihood of access to cutting-edge and innovative products and services. We hope that this publication will offer valuable information to its users on the general aspects of the intellectual property rights in Kenya, but more importantly, that it will contribute towards the improvement and strengthening of intellectual property rights regime in Kenya as the country positions itself to compete with other nations in this highly dynamic and sophisticated world market. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/2970 Files in this item: 1
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Musikali, Lois M. (International Company and Commercial Law Review, 2009)
[more][less]Abstract: The general concern about the adequacy of self-regulation as a mode of policing corporations has once again come to the forefront of the corporate governance debate following the current economic crisis. Irresponsible lending to individuals who cannot afford to repay loans has resulted in the near collapse and nationalisation of banks such as Northern Rock and Bradford & Bingley in the United Kingdom and Fannie Mae and Freddie Mac in the United States.1 Once again, the Government has had to intervene to prevent an economic crisis, by nationalising failing financial institutions to avoid them falling into liquidation. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3118 Files in this item: 1
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Musikali, Lois M. (International Company and Commercial Law Review, 2009)[more][less]
Abstract: The general concern about the adequacy of self-regulation as a mode of policing corporations has once again come to the forefront of the corporate governance debate following the current economic crisis. Irresponsible lending to individuals who cannot afford to repay loans has resulted in the near collapse and nationalisation of banks such as Northern Rock and Bradford & Bingley in the United Kingdom and Fannie Mae and Freddie Mac in the United States.1 Once again, the Government has had to intervene to prevent an economic crisis, by nationalising failing financial institutions to avoid them falling into liquidation. Government intervention in the regulation of markets, particularly through the use of criminal sanctions, has not been popular in recent years. The use of criminal sanctions to regulate business activities is generally perceived as being an overreaction that is likely to discourage directors from taking the risk that is necessary to run a business, thereby slowing down economic growth and interfering with profitability. It is frequently argued that criminal sanctions are not necessary in the regulation of business and corporate governance in particular. Among the arguments made against the use of criminal sanctions in corporate governance is the procedural argument which perceives the use of criminal sanctions as being an expensive way of enforcing regulation,2 which has a high burden of proof and as such is prohibitive to those seeking remedies for expropriation, as shareholders are required to demonstrate the director's culpability.3 In addition, it is argued that criminal sanctions cannot provide restitution to shareholders and employees who have lost their jobs.4 On top of that, the use of criminal sanctions is likely to result in over-deterrence of prospective directors, making them risk averse which is detrimental to the long-term benefit of the company.5 Others simply claim that not everyone is deterred by the criminal sanction6 and therefore using criminal sanctions will not deter a self-interested director. However, government intervention, hitherto a mechanism of last resort, would now seem to be an inevitable consequence of the failure of markets to regulate themselves, and the only method likely to guarantee at least a modicum of financial stability during the current crisis. Stability is important as the success of any economy in the 21st century lies in its ability to create and maintain successful corporations. The survival and long-term profitability of corporations is no longer a private interest which merely affects those who deal with the corporation at a primary level, for instance investors, but also a public interest affecting the welfare of stakeholders such as employees to whom it provides jobs and pensions. When financial scandals occur, employees stand to lose their livelihoods not only in the form of jobs but also of life-long pensions. The Government therefore has a responsibility to ensure that employees as well as other stakeholders of the corporation are protected from the fraudulent acts of managers who do not act in the best interests of the company. The success of the corporation is therefore a public interest that, to a certain degree, ought to be protected through state regulation. This article considers the role of law in corporate governance, as legislation is one of *I.C.C.L.R. 134 the key ways in which the Government has intervened in previous crises, such as Enron in the United States. The focus of this article is an investigation into whether government intervention in corporate governance through criminal sanctions is necessary and to what extent it affects the ability of directors to perform their entrepreneurship function of risk-taking. This article begins by addressing the function of national legislation in corporate governance, which might be thought of as hard law, as contrasted with the soft law of the various City codes of practice, and then explains how criminal sanctions apply to the corporate environment. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4150 Files in this item: 1
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Musikali, Lois M. (International Company and Commercial Law Review, 2010)
[more][less]Abstract: The ultra vires1 doctrine in company law, namely that a company is formed only to pursue the objects specified in its memorandum of association and if it acts outside those objects the transaction is ultra vires and void,2 has for a long time been one of the more intractable problems facing persons dealing with companies in common law jurisdictions.3 Under the ultra vires doctrine, companies could avoid liability under contracts with innocent third parties on the ground that the company never had the power to enter into the said contracts in the first place. A significant number of common law jurisdictions, including Australia, Canada, New Zealand and Hong Kong, and most recently England, have taken steps to abolish the doctrine of ultra vires. This article considers the provisions of Kenya's Companies Act (the Act)4 that provide for the doctrines of ultra vires and why there is need to review them. The discussion within this article is limited to the ultra vires doctrine as it relates to the objects clause and not to the general breach of directors duties in public listed companies. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3117 Files in this item: 1
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Wekesa, Moni (University of Nairobi, November 12, 2010)
[more][less]Abstract: Doping in sport is a global menace. By end of 2009, fourteen Kenyans from diverse sports disciplines had tested positive for various prohibited substances. The need for regulation is informed by the desire to protect the health of athletes, to protect the spirit of sport and to protect Kenya’s reputation as a top sporting nation. Efforts at regulation by sports bodies alone have been unsuccessful. Kenya has no anti-doping law in place. This work seeks to answer two questions: firstly, whether anti-doping law is necessary to regulate doping in sport, and, secondly, whether, in the case of Kenya, anti-doping law is necessary. This work is a desk study in which books, journal articles, Newspaper articles, international instruments, statutes and case law were analysed. Interviews with selected renowned sportspersons were also conducted. This work explores the interplay between law, science and sport. This work made several key findings which include, firstly, that none of the authors on the subject of doping and or regulation of doping has considered anti-doping law. Secondly, sports bodies have inherent structural weaknesses which make their anti-doping efforts ineffective. Thirdly, some of the causes of doping in sport such as commercialization and overproduction of prohibited substances have not been addressed in the current anti-doping efforts. Sixthly, that Kenya has no regulatory framework for anti-doping in place. It is concluded that anti-doping law is necessary in the regulation of doping in sport and that much more needs to be done besides the law. It is recommended that Kenya formulates a broad based anti-doping policy to facilitate the development of an anti-doping law. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3112 Files in this item: 1
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Muendo, Mercy (Mount Kenya University Law Journal (MKULJ), 2012)
[more][less]Abstract: The Coast of Somalia is one of the piracy-prone areas in the world today. This article while briefly touching on the legal aspect will address the various types, dangers, and effects of piracy along the Somalia international water and the Gulf of Aden on the International Waters; It will address the trends of privacy in the Somali region and the Gulf of Eden. It will touch on the factors contributing to privacy in the region and the reasons for its rise. For example failed government in Somali has been a great catalyst in the rise of piracy in the Somali international water, difficulties associated with maritime surveillance and lack of essential coastal and port side security the rise in global production of small arms. It will highlight the efforts of what the International Community has done to counter piracy; and the overall effects of its intervention through the International Maritime Organization (IMO).1Attempts like the passing of the legal instrument to equip the international waters the measures adopted by the international community with teeth to fight against piracy in the Somali international waters. The major adopted by the international community against the situation of privacy in the Somali water one of the most important measures being the creation and use of piracy reporting center. The author contributes by sharing suggestions that could be adopted to enhance the eradication of privacy along Somali international water and the Gulf of Aden The dangers of piracy and recommendations on the way forward to eradicating piracy in Somalia. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3115 Files in this item: 1
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Musikali, Priscilla; Musikali, Lois M. (frica Nazarene University Law Journal, 2013)[more][less]
Abstract: This paper is a study of the function of mediation as a dispute resolution mechanism in the attainment of independence in South Sudan. The motivation for this paper is an interest in the newly formed state, and a fascination with the manner in which the state was able to transform its situation from conflict to peace. Only a few jurisdictions have been able to secede from their parent states; namely Eritrea from Ethiopia, and the controversial secession of Kosovo from Serbia. This paper is therefore a great opportunity to explore how South Sudan, with the help of other actors was able to secure peace and secession through mediation. It will prove, with accompanying evidence, that without the input of mediation as a conflict resolution mechanism, the birth of South Sudan may not have been possible. It will demonstrate that the Comprehensive Peace Agreement played a central role in securing independence and autonomy through a referendum that expressed the will of the people of South Sudan. It is important to note that any peace process results from conflict and the need for a minority group in a state to be free: hence this paper will concentrate at length in analysing the factors that motivated the war, as well as the need for self-determination. It will also explain why the recognition of the new state of South Sudan has not been debated. The use of mediation and peace agreements has been employed in peace processes in jurisdictions such as Cambodia; and this paper will distinguish the agreements in South Sudan and Cambodia, to determine if South Sudan is unique and had the benefit of learning from previous peace agreements. It will argue that mediation and peace agreements are successful ways of providing lasting peace, self-determination and independence to oppressed minority groups. Moreover, the function of international law in mediation will be illustrated throughout the paper. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4207 Files in this item: 1
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