Journal Articles
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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 (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; 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 (Africa Journal of Comparative Constitutional Law, 2019)[more][less]
Abstract: The Constitution of Kenya, 2010, stipulates that sovereignty lies with the people. This sovereignty can be exercised directly by the people through voting at periodic elections and referenda and indirectly through elected representatives, among others. Presidential elections in Kenya— as elsewhere in Africa—are usually hotly contested. Irregularities and illegalities are bound to occur. The Constitution of Kenya 2010 codified some rights, including those of the voter and the manner of conducting elections. The adjudication of presidential petitions was vested in the Supreme Court. Relevant enabling legislation and regulations have also been formulated. The Supreme Court has applied both the quantitative and qualitative tests in determining election petitions at different times. In the Presidential Election Petition of 2013, some of the issues canvassed revolved around whether there was a valid voters’ register and whether there were irregularities and if the illegalities observed were of a high enough threshold to affect the integrity of the election. The Supreme Court, applying the quantitative test determined that the election results would stand. However, in the 2017 Presidential Election Petition, the court, applying the qualitative test, deviated from its 2013 decision and nullified that election. The question that this article interrogates is whether the Supreme Court acted with constitutional fidelity in both these decisions. This article analyses the jurisprudence from the 2013 and 2017 decisions of the Supreme Court. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4244 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; 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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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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Moni, Wekesa; Muendo, Mercy; Mikinyango, Asha (International Journal of Social Science and Technology, August , 2020)[more][less]
Abstract: The Right to Privacy is a right that had been recognizes and applied differently all over the world. On the other side Governments have employed electronic monitoring and tracking techniques as part of their security tool kit. The employment of electronic monitoring has an impact on the individual’s right to privacy. While conducting electronic monitoring and tracking countries are required to uphold the right to privacy. This paper seeks to analyze the Right to Privacy and to what extent it has been implemented in relation to Electronic monitoring and tracking. The paper will compare legal frameworks from different States on the implementation of the right to privacy in relation to Electronic monitoring. The paper will also give recommendations that can serve as a guide to assist policy makers. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4216 Files in this item: 1
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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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Muendo, Mercy (The Conversation Academic site, 2017)[more][less]
Abstract: It’s been 54 years since Kenya got her independence and yet there are still a number of archaic,colonial and discriminatory laws on the statute books. From archival research I have done it’s clearthat these laws are used to exploit, frustrate and intimidate Kenyans by restricting their right tomovement, association and the use of private property. They also make it difficult for ordinary Kenyans to make a living by imposing steep permit fees oninformal businesses. These laws were inherited from the colonial British government and used to be within the purview oflocal government municipalities under the Local Government Act . This act was repealed whenmunicipalities were replaced by counties after the promulgation of the 2010 Constitution . URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4213 Files in this item: 1
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Muendo, Mercy (Business Daily, 2019)[more][less]
Abstract: Less than two weeks after a January terror attack left 21 people dead at a Kenyan hotel complex, the government announced that it would implement a law related to citizens’ personal data. The recent amendments to the Registration of Persons Act would allow the government to collect people’s personal information – including DNA samples, biometric data like fingerprints and retinal scans and GPS information to pinpoint their locations. The aim, authorities say, is to enhance security. But the plan violates Kenyans’ privacy rights. These rights are enshrined in the Constitution and certain sectoral laws that deal with electronic and medical data. Unfortunately, there is no specific legal framework beyond this to guarantee that personal sensitive data is protected and people’s privacy is not violated without cause. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4212 Files in this item: 1
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Musikali, Lois M. (International Company and Commercial Law Review, 2015)[more][less]
Abstract: This paper considers the position of nominee directors in Kenya’s public listed companies. It takes a comparative approach drawing on the experiences of England and Australia in regulating nominee directors. Taking into account Kenya’s cultural profile, this paper suggests the direction that Kenya should take in regulating the nominee director position. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4211 Files in this item: 1
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Irungu, K; Omondi, S; Ojwang, D; Musikali, Lois M. (Journal of Law and Ethics, 2019)[more][less]
URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4208 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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Oloo, Martin; Opio, Percy; Ongeti, Juma (PAC University Journal of Arts and Social Sciences, July 8, 2021)[more][less]
Abstract: There exists a systematic failure in land administration as well as land delivery procedures in Kenya. The Ministry of Lands and Physical Planning has over-centralised structures and functions at the National level. The existing land rights and land administration delivery systems are undemocratic, bureaucratic, and uneconomical in terms of transaction costs. They are often, liable to abuse, leading to inordinate delays in land administration. Ordinary Kenyans are not able to access essential information on land ownership as well as land transactions. It is suggested that the use of intuition, foresight, and monetary techniques, strategic thinking would promote strategic agility in the land Administration function in Kenya. The study, therefore, sought to investigate the influence of strategic thinking on the performance of land administration function in Kenya. Moreover, the study used both qualitative and quantitative research methods. The target population was 2880 staff who work on land administration and sampled customers who access their services. The Slovin's Formula was employed to estimate the sample. The sample size of 351 was arrived at through a stratified random sampling method. In addition, the research employed document analysis at the respective headquarters of the National Land Commission and the Ministry of Lands and Physical Planning. Inferential and descriptive statistics were deployed to analyse quantitative data with the assistance of SPSS version 22. Included in the descriptive statistics are frequency distribution, mean (the measure of dispersion), standard deviation, and percentages. Besides, inferential statistics included univariate regression analysis, Pearson correlation, and multivariate regression analysis. Thematic content analysis was employed for qualitative analysis and results presented in a narrative form. The study has a 95 percent confidence interval with a level of significance of 0.05. The study revealed that strategic thinking positively affects the performance of the land administration function in Kenya (β=0.577, p-value=0.000). Therefore, the study recommends that top management in both the National Land Commission and the Ministry of Lands and Physical Planning should consider implementing consistent Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis to identify potential ways of improving the quality-of-service delivery. The management in the two organizations should, in addition, always be on endeavour to identify and respond to potential opportunities that can improve service delivery. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4205 Files in this item: 1
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Irungu, K; Omondi, S; Ojwang; Musikali, Lois M. (East Africa Law Journal, 2020)[more][less]
Abstract: In 2018 Kenya established a task force commonly known as the "Building Bridges Initiative ". The aim of the taskforce was to generate constitutional amendment proposals that could, amongst other objectives, remedy cyclic ethnic conflict during presidential elections. On 26 Noven1ber 2019, the task force report was unveiled at Bomas of Kenya, Nairobi. The recommendations of the taskforce bore features of a constitutional democracy. They included proposals for a change of Kenya's electoral system form majoritarian to proportional representation; re-establishment of the Office of the Official Opposition and the position of Prime Minister; and the selection of members of the cabinet from amongst elected Members of Parliament. This article examines these proposals within the frame work of the Constitution of Kenya 2010.it argues that the proposals may unravel the framework that underpins the Constitution of Kenya 2010. It concludes by proposing that the task force craft other possible remedies that do not offend the democratic underpinnings of the Constitution of Kenya 2010. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4204 Files in this item: 1
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Muendo, Mercy (Business Daily, May 30, 2018)[more][less]
Abstract: More and more Kenyans are connecting to the internet, most frequently from mobile devices like phones and tablets. There are, of course, big benefits to increased connectivity. These include the rise of mobile money transactions and access to loans. But there are downsides, too. The country has been targeted by hackers in several major attacks. In May 2018 the Kenyan government responded to these and other high profile cyber attacks by signing the Computer and Cyber Crime Act into law. This seems a strange decision, since legislation already exists that deals with these issues. The Kenya Information Communication Act and the Penal Code and its regulations already criminalised several cybercrimes. It could have been amended to, for instance, increase the penalties for certain crimes. Instead its provisions have been superseded by the Computer and Cyber Crime Act. The new Act is too vague when it comes to important details, particularly those that deal with the issue of surveillance. Will Kenya’s authorities use this legislation to “eavesdrop” on citizens? It also criminalises the publication online of false information or hate speech. But it does not explain what “hate speech” entails in this context, and seems to lean towards outright censorship in parts. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4155 Files in this item: 1
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Muendo, Mercy (The Conversation, August 31, 2017)[more][less]
Abstract: The Kenyan government is waging a war against online hate mongers with what would appear to be a zero-tolerance policy. In an unprecedented move two chat group administrators have been arrested. They were charged with sharing hate messages on WhatsApp that threatened national security and face an additional charge of spreading alarming propaganda on social media. Like many other countries, Kenya has charged people with hate speech before. Recently in the UK, a Facebook user was charged with spreading hate messages against Muslims. Rwanda has also successfully charged various people with hate speech. The difference in this particular case is that WhatsApp administrators have been charged. However, this is not the first time a chat group administrator has been prosecuted for hate speech. In a similar case in India, the government arrested WhatsApp administrators for offensive posts about the prime minister. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4154 Files in this item: 1
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Opondo, Martin (International Journal of Scientific and Research Publications,, May 5, 2021)[more][less]
Abstract: The state of Land administration and management in Kenya has, despite numerous reform efforts, remained fractured and uncoordinated over time. With the adoption of the National Land Policy in 2009, the Constitution of Kenya 2010 and the creation of the National Land Commission (NLC), Land administration and management straddles across two institutions i.e., the Ministry of Lands and Physical Planning, which is created under the Executive Order 2018, and the independent constitution commission, National Land Commission. The land administration functions straddles between the two entities with a performance that is less than satisfactory. Over the years, task forces and commissions have been set up to address the need for security tenure, protection and enforcement of land rights. Most often the solutions proffered have been bureaucratic, administrative and in some cases legal. It is, however, our proposition that strategic leadership through leading and managing change, can play a key role in improving performance of the land administration and management function. The study sought to investigate the influence of leading and managing change on the performance of land administration function in Kenya. The study used both qualitative and quantitative research methods. The target population was 2880 staff who work on land administration and sampled customers who access their services. The Slovin's Formula was used to estimate the sample size. The sample of 351, was arrived at through a stratified random sampling method. In addition, the research employed document analysis at the respective headquarters of the National Land Commission and the Ministry of Lands and Physical Planning. Inferential and descriptive statistics were used to analyse quantitative data with the help of Statistical Package for Social Sciences (SPSS version 22). Descriptive statistics included frequency distribution, mean (the measure of central tendency), standard deviation (the measure of dispersion) and percentages. Besides, inferential statistics include regression analysis and Pearson correlation analysis. Thematic content analysis will be used for qualitative analysis and presented in a narrative form. The study established that leading and managing change has positive and a statistically significant effect on the performance of the Land Administration and management function in Kenya (β1=0.468; p-value=0.000). The study recommends that the top management in the two organizations should formulate and implement programmes aimed at motivating, rewarding innovativeness and creativity among the employees. In addition, the study recommends that both the Ministry and the NLC should make an effort of increasing the budget for staff training. This will equip the employees with the needed skills to carry out their duties hence improving service delivery. Description: Journal article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4151 Files in this item: 1
