Browsing Journal Articles by Title
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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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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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Wekesa, Moni (Nigerian Journal of Clinical Practice, January 30, 2015)
[more][less]Abstract: Unregulated biomedical research has previously caused untold suffering to humankind. History is full of examples of abuse of animal and human subjects for research. Several codes and instruments have been formulated to regulate biomedical research. In Kenya, the Science, Technology and Innovation Act, 2014, together with the Constitution of Kenya, 2010, provide a fairly robust legal framework. Possible challenges include capacity building, overlap of functions of institutions, monitoring and evaluation, scientific/technological advances, intellectual property rights, funding for research, and dispute resolution. It is hoped that the new legislation will adequately address these challenges. URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3109 Files in this item: 1
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Wekesa, Moni (The International Sports Law Journal, 2018)[more][less]
Abstract: Claudia Pechstein, a female elite German speed skater, was convicted of an anti-doping rule violation by the disciplinary committee of the International Skating Union (ISU) on 1 July 2009 and suspended for 2 years by the ISU. Her appeals to the Court of Arbitration for Sport on 25 November 2009 (CAS 2009/A/1912–1913 Pechstein, DESG gegen ISU) and eventually to the Swiss Federal Tribunal in February 2010 (4A-612/2009 Claudia Pechstein v ISU and DESG) were unsuccessful. CAS is a judicial organ recognized by all international sports bodies as the final forum for the resolution of sporting disputes. This applies also to National sporting bodies in Kenya. On 30 December 2012, she approached a Regional court in Munich (Landesgericht Muenchen 1). She advanced several arguments. First, the provisions in the ISU prohibiting sportspersons from approaching national courts violated her right to approach an independent and impartial tribunal under the European Convention on Human Rights and German law (art. 2 para. 1). Second, the agreement between herself and the ISU binding her to arbitration by CAS was mandatory, and not voluntary, and, therefore, invalid. Third, the CAS is not independent as its arbitrators are picked by sports bodies like the defendant. Finally, both the ISU and its German affiliate (DESG) abused their dominant market position by requiring any athlete interested in the sport of speed skating to follow their rules, which rules were used to suspend her and bar her from competition and use of defendant’s facilities. These issues raised by Pechstein apply to sportspersons in Kenya as well. Pechstein sought a declaration that her ban due to doping was unlawful, and damages for material damage, pain, and suffering. The court dismissed her claim. She appealed to the Court of Appeal in Munich (Oberlandesgericht Muenchen, WuW/E DE-R 4543) on 6 November 2014. The Appeals court, in its decision, agreed with her on all those points, declined the declaration, but awarded her damages. In effect, this decision rubbished the very existence of CAS. In a further appeal, the Federal Court of Justice (KZR 6/15) reversed this decision on 7 June 2016. This paper will analyse the issues that arose in this case. From an analysis of the jurisprudence of the European Court of Justice, European Commission on Human Rights, the European Court of Human Rights (all of which are binding on Germany), as well as jurisprudence from other European countries, it is apparent that the decision by the appeals court was flawed as confirmed by the decision of the Federal Court of Justice. CAS has been and continues to be used by Kenyan sportspersons. Currently, CAS enjoys statutory recognition in Kenya through the Antidoping Act, 2016, which effectively ousts the jurisdiction of Kenyan courts. It is concluded that CAS is a vital institution for the resolution of sports disputes and that it can benefit from a little strengthening. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3987 Files in this item: 1
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Musikali, Lois M. (Governance Journal, 2022)[more][less]
Abstract: This paper provides an overview of corporate governance scholarship from inception to-date and situates the current issue of managing Big Data within corporate governance practice and scholarship. Its aim is to highlight the possible impact of Big Data on current corporate governance practice and regulation with a view to encouraging further research on the same. Whilst digitisation has aided advances in good corporate governance practice and regulation, the effects of digitisation have not all been positive: a significant number of corporate governance scandals today are digital. With a focus on data mining, this paper explores this phenomenon, Africa’s readiness for it and the surrounding issues it raises both within corporate governance and human rights. That Big Corporations are able to mine data without the data subjects knowledge and use it to their advantage without the data subject’s informed consent and compensation has resulted in a phenomenon referred to as ‘data colonialism’. This paper evaluates the extent to which Africa and in particular Kenya is prepared for the current world of data harvesting and assesses the need for effective data mining regulation in Africa. It considers the effect of the General Data Protection Regulation (GDPR) on Kenya’s Data Protection Act and questions whether Kenya’s legal framework can effectively deal with data mining while highlighting the role that corporate governance has in improving accountability in the way Big Corporations handle data. Description: Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4107 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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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; Kinyua, Ann Wanjiku (Pioneer academic publishing limited, March 1, 2023)[more][less]
Abstract: Epistocracy is the rule by the elite while democracy entails the rule of the people by the people for thepeople. The common person is supposed to have space to determine how they wish to be governed. Kenya’s constitution provides that all sovereignty belongs to the people. And that such sovereigntycan be exercised either directly or indirectly through elected representatives and establishedinstitutions. With respect to constitutional amendments, the people can participate througheither apopular initiative or a parliamentary initiative. Both routes could eventually require the direct participation of the people through a referendum. In some other jurisdictions, amendment of theconstitution is a preserve of the legislature. In others, reference is always made to the commonperson. In Kenya, the law is not clear on ‘who’ can initiate an amendment to the constitution throughthepopular initiative. The common person in Kenya is poor; can’t afford necessities of life like foodandhealthcare; and to some extent, forms a large segment of the illiterate population. The commonpersonrelies on the benevolence of the elite and is easily influenced by them to even vote in a certainway. This situation would appear to make the concept of democracy a mirage. This paper examines theplace of the common person in various attempts at amending the 2010 Constitution. It is arguedthat though the common person is legally empowered to participate in constitutional amendments, thereality is that it is the epistographs who determine such constitutional changes. Recommendations onimproving the level of participation of the common person in constitutional amendments arepostulated to include continuous and enhanced ‘awareness’ seminars as well as improving underlyingsocial conditions such as access to food, health and education. Description: Journal Article URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/4116 Files in this item: 1
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Muendo, Mercy (Mount Kenya University Law Journal (MKULJ), 2017)
[more][less]Abstract: The President of Kenya recently announced Kenya has signed an International Agreement with the United States of America for direct flights from Kenya to the United States to take place. In order for this agreement to be implemented Kenya has to demonstrate that it has complied with International standards of aviation law and the aviation environment is properly, efficiently regulated to satisfy the United States standards.2On February 2017 the Federal Aviation Authority of the United States of America granted Kenya a Category 1 status. This paper seeks to trace and lay down the aviation legal framework regulations and steps Kenya has taken to comply with the International legal standards. To determine whether it has complied with the same and is capable of maintaining its Category one status. In order to do I shall look at the various International laws and compare them to the Kenyan legal framework. To determine whether it has complied with the same and is capable of maintaining its Category one status. The study shall entail mostly desk work research URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3114 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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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; 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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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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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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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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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
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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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Musikali, Lois M.; Musikali, Elizabeth M (Africa Nazarene University Law Journal, 2015)
[more][less]Abstract: Corporate governance scholarship, so far, has focused on a rather narrow, finance-dominated, agency theory perspective. This has been the case even in defining corporate social responsibility (CSR). Corporate social responsibility has only been justified where it is considered to be financially beneficial to the company. It is on that basis that this article addresses the question of whether such a paradigm is justifiable when applied to developing countries such as Kenya. The article is a case study of CSR in Kenya’s mining industry that is dominated by multinationals. In particular, it focuses on the treatment of stakeholders in the Mui Coal Mining Project in Kitui County, Kenya URI: http://repository.daystar.ac.ke/xmlui/handle/123456789/3120 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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