Under the current Kenyan constitutional dispensation, ADR mechanisms are taken cognizance of under Article 159 so as to promote access to justice in accordance with Article 48 thereof with regard to intergovernmental disputes, communal land disputes and labour disputes. Nonetheless, the issue of the utilization of ADR mechanisms within the criminal justice system has been contentious. According to section 176 of the Criminal Procedure Code, courts can “promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or for any other offence of a personal or private nature not amounting to felony, and not aggravated degree.” However there has been shocking jurisprudence such as in R v Mohamed Abdow Mohamed (2013) e KLR where felonies have been solved through ADR mechanisms. This study therefore sought to establish the boundaries of the application of ADR mechanisms and conclude by making recommendations on the legal, institutional and policy frameworks that would enable the incorporation of ADR mechanism in the criminal justice system. The study found that the boundaries of the application of ADR mechanism are determined by the type of crime, the parties involved and the timing of the application. Furthermore, it established that all applications to apply ADR mechanisms in criminal proceedings must involve the state through the prosecution since the state is also a complainant. Moreover, applications to apply ADR mechanism in criminal proceedings can only be done before a final judgement has been issued, otherwise the application will not be successful since it acceptance would be tantamount to usurping the powers of the courts. The study also found that ADR mechanisms have been applied in criminal proceedings in other jurisdictions such as Australia and Rwanda with great success. This study recommends that in the short term, the National Council on the Administration of Justice issues directions on the boundaries of application of ADR to criminal matters, specifically vi on where it can or cannot be applied. It should also come up with policy guidelines that delineates the types of criminal matters where ADR mechanisms can be applied and direct such cases there directly with the supervision of the traditional justice system. In the medium term the National Council on the Administration of Justice should confer with various community leaders, especially in marginalized areas so as to make TDRMs non repugnant to justice which will improve their acceptability and application. In the long term the judiciary should apply special ADR mechanisms such as Family Group Conferencing, Victim Offender Mediation and Healing Circles in the juvenile courts so as to ease the backlog and reduce recidivism. Additionally, both the National Council on the Administration of Justice and the Mediation Accreditation Committee of the Judiciary’s pilot programme on Court Annexed Mediation should come up with guidelines that promote the uptake of ADR mechanisms in the Kenyan criminal justice system. This will go a long way in offering restorative justice to the people who need it the most.

Consumer awareness keeps on increasing in the corporate world today, environmental hazard such as global warming and effects of the commodities they produce, firms will determine on how to tackle transportation practices in the manufacturing processes. Multinational manufacturing firms in Kenya need foundation and the ability to recycle and deal with the waste products. There has been an increase in greenhouses‟ emission and environmental pollution from manufacturing companies, which brought about the need of these business organizations to align transport processes within them in regards to the scarce resources. The aim of this research is assessing proportions of the enactment of sustainable transportation activities by multinational manufacturing companies in Nairobi County, Kenya, and assessing how sustainable transportation works impact operational outcomes in multinational manufacturing companies in Nairobi County, Kenya. It was hinged on, stakeholder, strategic group and resource based theories. The target population for this study comprised of 40 Multinational manufacturing firms in Nairobi County, Kenya. The target respondents were production, operations and marketing and transportation managers. Analysis was done using inferential statistics. It was found out that sustainable packaging practice and sustainable distribution were adopted to a moderate extent by multinational manufacturing firms. On the other hand, reverse logistics practices and sustainable management system practices were adopted by firms at great extent. The study found out that there is relationship between sustainable transportation practices and operational performance. The model was statistically significant as demonstrated by analysis of variance whose p-value was less than 0.05. The study concludes that sustainable transportation activities are necessary for decreasing environmental mismanagement by decreasing misuse, eliminating employment of dangerous products, reusing products as well as decreasing pollution by cleaner production. Sustainable transportation practices helps to improve brand image as well as company‟s image and increase the profitability. The study recommendation is to create more awareness of sustainable transportation practices not only among industries but also the entire societal fabric to ensure a two way interaction between producers and consumers of sustainable products and services. Similarly the study recommends that the leadership of multinational manufacturing firms should be committed to sustainable transportation practices. Top leadership should allocate and provide more products, both fiscal and labor, to support the activities

The purpose of this study is to explore the legal implications of hosting Somali refugees in Dadaab refugee camp. A large number of Somalia refugees (approximated to be 400,000 in number) have been living in Kenya for more than two decades at the Dadaab Refugee Camp. There exists numerous domestic and international legislature enacted to address the matters of refugees. The question is whether the refugee host countries have been adhering to the existing legislature and what challenges they experience in implementing the same. The study analyses the legal implications of hosting refugees and the challenges of being a host country. The study sought to answer questions; Why is Kenya not complying with the International Conventions? What are the legal implications of Kenya failing to comply with the International Conventions? And What are the challenges Kenya is facing in complying with the International Conventions? The study tested three main hypotheses namely; Firstly, that the Kenya‟s national interests influence violation of the provisions of the international refugee laws at the Dadaab refugee camp. Kenya has been accused of violating the international refugee laws even though it‟s a signatory to the same. Secondly, that Kenya non-committal to International Conventions has legal implications to be faced. Where a State fails to comply with the international obligations, there ought to be legal repercussions to be faced which repercussions are meant to deter States from violating the provisions of the International Conventions. Thirdly that Domestic Laws have influenced Kenya‟s challenges in compliance with the International Conventions. There is an argument that the International Humanitarian laws have contributed to Kenya‟s security dilemma where it has a challenge of balancing its national security and interests of the refugees. Kenya has an obligation to ca re of the interests of its nationals even as it hosts refugees. The study utilized both primary and secondary sources of data. Secondary data was obtained from published and unpublished works, internet sources, UNHCR reports and government of Kenya. Primary data on the other hand was collected through interviews from refugees, UNHCR officials, government officials, judiciary, lawyers, security personnel and teachers within the camp.

Article 181 of the Constitution of Kenya 2010 provides for several grounds under which a county governor can be removed from office. This includes; a gross violation of the Constitution, where there are serious reasons to believe that the governor has committed a crime; abuse of office or gross misconduct; physical or mental incapacity to perform the functions of the office of county Governors. The process can emanate from the national assembly within the confines of legislation by parliament which stipulates the procedure of removal. This study appraises the framework for the impeachment process initiated by the Members of the County Assemblies (MCA‟s, in particular, the legality and fairness of their actions. Using constitutional theories, theories of justice and rule of law principles, the research hopes to identify the immediate challenges and future barriers in operationalizing this provision. In light of the foregoing, this study takes the view that, as Kenya proceeds down the devolution path, it may be well worth reflecting on other countries‟ experiences with this form of government. Given South Africa‟s experience over the past 20 years, Kenya may want to consider some of the hard lessons that South Africa has learnt, and also train its system along with the South African one, albeit with moderation. This, together with the experience of the US and Nigeria, can solve the going subjective impeachments in Kenya

Globalization and advancement of the technology compels business organizations to be innovative in order to strive in the market and maintain market share as well as penetrating to the new market. In the past decade’s most of the organization utilized internal resources to survive and maintain competitiveness as it is suggested in closed innovation model. Further, other Scholar suggested that for any organization to be successful and maintain its market share they have to embrace open innovation model which encourages on utilization of both internal and external resources for efficiency and profitability. Currently for a firm to survive in the market they have to focus on innovation strategies. Innovations enables organizations to produce and offer goods and services of high quality, therefore ability of the organization to innovate is significant for an organization to maintain competitive advantage. The objective of this study was to establish the impact of innovation in organization performance a specific case of Tanzania Revenue Authority. The study adopted case study research design and researcher applied both qualitative and quantitative approach to establish the effect of innovation in TRA performance. Secondary data were collected from the records of the organization understudy and other institutions such as Bank of Tanzania, African development Bank and International Monetary Fund; analyses was conducted and establish the impacts of innovation on organization performance at different periods since it was incepted. Development of various systems such as iTAX and TIN in DRD, EFDs in Large taxpayers department, ASYCUDA and TANCIS in Customs and Excise department collectively makes tax administration in TRA efficient and costs effective, reduces processing and clearance time of the goods, reach taxpayers in the remote areas and enhance convenience through online transactions, lessens corruption by avoiding in person transactions. All these benefits derived as a result of process innovation within TRA proves that innovation is indispensable to an organization performance. Findings of this study also revealed that most of the process innovation implemented by TRA considers the ability of users. This work focused on process innovation, other researchers may encompass their research on other factors which affect TRA performance; finally this research may be replicated in other government institutions to establish whether they are affected by innovation in the same way as TRA.

The government of Kenya has been making commendable efforts towards providing affordable energy to its citizens. However, the cost of electricity has been increasing despite reform programmes aimed at reducing costs. This thesis examined some of the critical considerations in the determination of electricity tariffs. Three essays were undertaken. The first essay examined the demand for electricity and made forecasts with a view to ascertain if the official demand forecast was realistic. Using autoregressive distributed lag (ARDL) model and time series data from 1985-2016 sourced from various sources including Kenya Power and Lighting Company (KPLC) annual reports, Kenya National Bureau of Statistics Economic Surveys and Statistical Abstracts, World Bank statistics and Kenya Electricity Generating Company hydro data. The findings showed that the official demand forecast was overstated and encouraged overinvestment in the generation of electricity. Overinvestment pushes the costs of electricity supply increasing the tariffs. Commercial and industrial consumers were projected to continue being the largest consumers of electricity. The finding indicated the need for the Ministry of Energy to revisit the planned investments and prioritize projects that address supply side constraints. The potential increase in costs arising from overinvestment can be prevented by signing take and pay power purchase agreements instead of take or pay removing the current protection offered to the generators. The second essay investigated the efficiency of thermal power plants. Using stochastic frontier analysis and data for 27 thermal generating power plants for the period July 2015 to December 2017 sourced from the power plants and the Energy Regulatory Commission, the study found the plants to be inefficient. Fuel was found to be a significant factor of production. Grid connected plants were found to be more efficient than isolated power plants. The inefficiency largely stemmed from age and ownership. The Malmquist data envelope analysis, however, found improved performance over the study period. To increase efficiency in generation, there is need for the regulator to revisit the methodology used for fuel oil cost adjustments. Ministry of Energy should also encourage private XVI investments in generation and extend the grid to the isolated areas. The third essay sought to explain the electricity tariffs by exploring the drivers of KPLC tariffs. Since the tariffs are set using the cost of service regulation, KPLC cost data for the period 1986-2016 was used for the analysis. Average cost function of KPLC was estimated using ARDL model. The findings indicated output, system losses, system load factor and price of labour to be the drivers of average costs. System losses and price of labour were found to be increasing the average cost. The finding indicated the need for the regulator to set stringent loss reduction targets for KPLC. The Ministry of Energy should facilitate competition in the commercial retailing functions of KPLC as proposed in the Energy Act, 2019 to reduce the commercial losses associated with theft, corruption, billing and metering errors. The regulator should also tie allowed staff costs to improved customer service standards as a way of managing the cost of labour. KPLC was found to be enjoying economies of scale and economies of output density, this indicates the need for the electricity market to retain transmission and distribution of power as a natural monopoly. The Ministry of Energy should also continue with interventions and incentives that increase the system load factor such as time of use tariffs. Encouraging industrial parks and special economic zones through special tariffs could also increase the energy consumption and load factor.

Micro finance services have attracted attention among scholars because it has been widely acknowledged as a poverty alleviation policy as well as program. Traditionally, larger financial institutions have been reluctant to advance financial services to the poor because of the relatively high risks involved resulting into a financial gap. Majority of the MSEs do face challenges especially in regard to access to financial services from larger financial institutions including commercial banks. Because of their relative small sizes, most commercial banks consider lending to MSEs as being too risky. The implication of this decision to lend to MSEs by banks is that the operations of most of them are constrained hence poor performance. Thus, most of the MSEs have turned to MFIs as financial partners which has piled up pressure on MFIs for seeking funds. The present inquiry focused on micro finance services and their link with the ability of the Micro-Small Enterprises (MSEs) in Kenya to financially perform. Specifically, the study looked at the products and services that MFIs offer among MSEs and the link between them with the ability of the firms to perform financially. Descriptive survey design was adopted targeting 100 MSEs. Census was used with gathering of information from primary and auxiliary sources. The processing of the gathered data was done aided by SPSS tool using frequencies and percentages. Inferential statistics covering correlation and regression analysis were conducted prior to diagnostic tests. The study noted that Micro finance Institutions offered loan/credit services and products, saving services and products and insurance services to MSEs. The microfinance services offered to MSEs were seen to have a postive effect and relationship with financial performance as controlled by their sizes. The study concluded that MFIs play an important intermediation role in the economy by availing credit facilities to small business that are used to enhance their financial performance. The study recommended that marketing managers of the MFIs should expand the product offering to bring in more new products that are customized for small businesses. The marketing managers of the MFIs in Kenya should invest heavily in promotion and advertisement of loan and insurance product that they offer customers. The finance managers and owners of the MSEs in Nairobi to seek for more credit and loan facilities from MFIs and ensure that the amount is utilized for the purpose of enhancing financial performance of their enterprise. The risk managers of the MSEs operating in Nairobi to increase underwriting of risks with MFIs as this enhances financial performance of their enterprises especially in the event of a calamity. The CBK should formulate stable policies that promote and support the microfinance services and products. The study was limited to a small sample size that affected generalization of the results to other non MSEs firms. The study recommend further studies to be done to bring out the services and products offered by deposit taking Savings and Credit Cooperatives (SACCOs) as they link with financial performance of the small firms. Future studies can also be conducted by singling out firms specifically in the SME category.

The study sought to determine the effect of Key Account Management Orientation and organization structure of Kenya’s Pharmaceutical Industry. The research used a descriptive research design to achieve the objective. For this study, the population included 38 licensed pharmaceutical firms operating in Nairobi, Kenya. This study utilized primary data in the collection of data. Questionnaire method was suitable for collecting and it contained closed ended questions. The questionnaires were administered to either Head of customer care or relationship manager or an equivalent person at the firm. The data collected was later scrutinized through descriptive statistics and inferential statistics. The analysis outcome revealed that KAMO and organization structure had a positive relationship as exhibited by the correlation coefficient of 0.689. The model summary indicated that R-square was 0.475. This means that 47.5% of the variation. In organization structure was due to key account management orientation. This results also imply that 52.5% of the variation in organization structure was either due to error or other factors that were not investigated by the model. The level of significance for the model is 0.001. This value is less than p value 0.05. This connotes to the importance of the model in terms of statistics to predict organization structure based on key account management orientation. Key account management orientation had a beta value of 0.376. This implied that for every unit increase in KAMO, organization structure went up by a value of 0.376. The study recommends that the pharmaceutical industry in Kenya should practice key account management orientation in order to enhance their organization structure since KAMO was found to have an affirmative impact on the industry corporate structure. The research also recommends that the industry maps out specifically what aspects of KAMO are relevant to their industry and invest heavily into those aspects so as to see tangible improvement in their organization structure. ..

Oral health plays a vital part of the general health of an individual. Poor oral hygiene status lowers the quality of life of all individuals alike as it affects aspects of their lives such as chewing, speech and their facial appearance. According to the 2015 STEPS survey, 32 per cent of individuals reported to have pain in the oral region in the past 1 year in Kenya. However, only 11 per cent visited a dentist. The aim of the study was to examine the socio-economic determinants factors of utilization of oral healthcare services in Kenya. The study estimated a logit model and analyzed data from the 2015 STEPS survey. The findings indicate that the presence of oral pain, education and poverty, were the most significant determinants of oral health services utilization. Individuals who had pain, who had higher levels of education and those who belonged to rich wealth quintiles were more likely to use oral health care services. Investment in promotive and preventive oral healthcare services can aid in raising awareness on when to seek care leading to improvements in individuals’ oral health status. There is also need to subsidize the cost of oral health care services.

The agricultural establishments registered at the NSE have been experiencing variation in stock prices at the NSE. Despite majority of the listed firms in the agricultural sector displaying very high stock prices, the firms have showed falling stock prices in the last five years compared to firms from other sectors. The evidence of the effects of days in a week anomaly in the stock markets with the effect being empirically inconclusive. This investigation sought to determine the day of the week (DOTW) influence on stock prices of listed agriculture firms in Kenya. This investigation utilized descriptive research design. The target population was seven agricultural establishments registered at the NSE in the year 2019. Secondary data for the daily stock prices from 1st January 2019 to 31st December 2019 for each of the 5 days of the week was used. Average monthly data was utilized in this investigation. The data was sourced by a data collection schedule. Descriptive statistics and linear regression were utilized for analysis. The research employed dummy variable regression to establish the DOTW effect. The significance of the investigation was tested with F-test. The investigation found that Monday had the lowest stock prices among the listed agricultural firms in Kenya for the period between January and December 2019. Wednesday showed the highest stock price of listed firms in Kenya. Thursday was the most volatile day for agricultural stock prices at the NSE. The investigation recommends that the investors to avoid basing their investment on the DOTW. Nairobi security exchange ought to undertake an investigation to ascertain why Monday had the lowest stock price compared to other days. It ought to similarly establish why Thursday had the greatest volatility of the market. Though the Wednesday stock price effect is not significant, investors can consider selling their shares on the day to maximize returns through high prices. The investigation was limited by the size of the population where agricultural firms are few. Monthly data was used to increase the data points. secondary data are also general and tends to be historical. Most current data were used (2019). This investigation recommends a similar investigation using other listed firms like manufacturing firms to establish whether there is a DOTW effect on the share prices of quoted establishments.