http://ir.mu.ac.ke:8080/jspui/handle/123456789/8563 2026-04-20T14:40:14Z 2026-04-20T14:40:14Z Masinde, Wabomba Michael http://ir.mu.ac.ke:8080/jspui/handle/123456789/8591 2023-12-16T11:22:23Z 2023-01-01T00:00:00Z

Child maintenance in Kenya: An appraisal of the State’s Legal Obligation in providing maintenance to vulnerable Children Masinde, Wabomba Michael Children’s rights in Kenya are guaranteed in the Constitution of Kenya 2010. These rights are also protected by a substantive and procedural statute: The Children’s Act 2022. However, the realization of these rights is impaired by various complexities, such as the push and pull between private rights and state intervention in the family unit. The right to child maintenance is similarly plagued. This study set out to identify and analyse key theoretical concepts on the state’s responsibility towards child maintenance and the legal framework governing it, interrogates the legal framework governing child maintenance in Kenya, explore the existing barriers that hinder state realization of child maintenance through a comparative analysis of South Africa and to come up with recommendations based on these findings. In doing so, this thesis, therefore, interrogates the nature and content of these rights and brings out the core obligations of the state as well as the parents or guardians of a child. The research was based on the assumption that child maintenance is a socio-economic right, and the barriers to their enforcement, such as progressive realization and minimum core obligations, are also stipulated. The right to child maintenance is reviewed in light of the best interests of the child principle, the principle of subsidiarity, and the doctrine of private ordering. In addition, this research explores the burden of child support in Kenya. The study further investigates the relationship between the parents/guardians and the state concerning child support. Finally, there is a review of child maintenance enforcement mechanisms in which a comparison is made between judicial, administrative, and mixed systems for child maintenance enforcement. Under each system, state obligations and public policy measures are reviewed. This study adopted a doctrinal legal research methodology, also called "black letter" methodology that focuses on the letter of the law rather than the law in action as a means of synthesising legal facts. This study found that Kenyan laws align with international instruments touching on child Maintenance. However, we noted a difference in the enforcement mechanism. We also noted that both the state and the parents play a crucial role in contributions toward child maintenance through a hybrid system. Finally, family formation and poverty were the barriers identified during the study. This study concludes that though parents’ primary responsibility for child maintenance is vested, the state must come in when parents fail or cannot provide for their children. The study recommends a review of the Children's Act 2022 to bring it in line with constitutional principles to cover the obligations of the state in the maintenance of children whose parents or primary caregivers are unable or unwilling to do so and also the enactment of legislation to provide material support for those children. The findings will add to the scholarly literature on child maintenance in general and the scope of child maintenance in Kenya in particular. It is an increasingly contentious but little-studied field in Kenya today

2023-01-01T00:00:00Z Mwaguni, N’kweli Siema http://ir.mu.ac.ke:8080/jspui/handle/123456789/8579 2023-12-16T08:03:31Z 2023-01-01T00:00:00Z

Confronting domestic violence against women: a comparison between South Africa and Kenya. Mwaguni, N’kweli Siema Domestic violence is an act of violence against a person, or a threat of violence or of imminent danger to that person by any other person with whom that person is, or has been in a domestic relationship. This thesis focuses on domestic violence against women in Kenya, where despite the enactment of the Protection Against Domestic Violence Act the vice persists. The main objective of this research is to critically analyze the status of domestic violence against women in Kenya in light of the Protection Against Domestic Violence Act vis a vis the Domestic Violence Act of South Africa. This thesis derives its theoretical framework primarily from feminist theory which argues that patriarchy creates a fertile atmosphere for domestic violence. This thesis encompasses qualitative research of a doctrinal and comparative nature which is based on analyzing literature, books, journals, acts of parliament, published theses, internet sources, and international treaties for documented information on constitutional dispensation and policy, legislation and regulations, books, case law, journals articles and academic thesis. An analysis of the legal and policy framework vis a vis the provisions of the human rights standards show that both South Africa and Kenya have not sufficiently protected women from domestic violence. This was revealed by the rise of domestic violence cases in both countries. The implication of this is that the problem cannot be resolved without a multipronged approach that involves eradicating harmful cultural practices, compensation to victims, holding the government accountable, documenting domestic violence cases, and creating legal awareness

2023-01-01T00:00:00Z Rasowo, Anne Anyango http://ir.mu.ac.ke:8080/jspui/handle/123456789/8564 2023-12-15T06:15:20Z 2023-01-01T00:00:00Z

Private Ordering Agreements In Kenyan Matrimonial Property Law Rasowo, Anne Anyango Matrimonial property agreements are formal agreements signed by spouses that classify the ownership interest of any property. The agreements are divided into three categories namely prenuptial, postnuptial and separation agreements. The practical and emotional implications of these agreements differ and the development of the law that relates to each are divergent. In Kenya, the provision for matrimonial property agreements is invoked under Articles 68(c), 45(3) 27(4) of the Constitution, 2010 as read with sections 6 (3) of the Matrimonial Property Act, 2013. This therefore means that private ordered family agreements are enforceable in Kenya. Privately ordered agreements improve on communication, efficiency, and protection of separate property between spouses. The agreements also meet the demands of spouses satisfactorily. The challenge with the Kenyan legislation is that the law has only made provision for prenuptial agreements but has no mechanisms in place to adequately protect the rights of spouses to equal rights in matrimonial property as envisioned in Article 45(3). There is therefore a need to recognize all the forms of matrimonial property agreements to ensure equality of spouses. The research sets out three objectives and the first is to assess the viability of the use of matrimonial property agreements in division of matrimonial property. The second objective is to find out whether matrimonial property agreements promote fairness, efficiency and effectiveness in property division whereas the third objective is to draw best practice on use of matrimonial agreements from other jurisdictions. The research is guided by the feminism and contract theories. This research has used secondary sources of data for the reasons that the data is easily available and have a pre-established level of reliability and validity. The case study design that was used provided an indepth exploration of matrimonial property law in Kenya that was triangulated using different secondary sources of data and thus increased the liability and validity of the findings of the study. The data that was gathered was analyzed using thematic analysis that was based on the objectives of the study which enabled the researcher to answer the research questions and remain in the context of the research title. This research is based on the hypothesis that matrimonial property agreements are practical when it comes to division of matrimonial property and that they aid the courts in distribution of matrimonial property in a just and equitable manner. The study tests this hypothesis and proves that matrimonial property agreements can be a practical method of division of matrimonial property. The researcher recommends that there is need for recognition of postnuptial and settlement agreements to avoid ambiguity and ensure equality of spouses. The second recommendation is that there is need for development of guidelines to enforce matrimonial property agreements and there is also need for introduction of administrative mechanisms to supplement judicial process of resolving matrimonial property disputes that arise as a result of use of private ordered agreements. The fourth recommendation is that there is need for public education programs on the provisions on section 6 of Matrimonial Property Act

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