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• Introduction
• Interpretation of Kenya's 2010 Constitution
• Multiple and competing conceptions of equality
• Grounds for non-discrimination
• Conceptualisation and application of affirmative action
• Competing equalities : religion, culture and gender equality
• The interrelationship between socio-economic rights and status-based equality
• Interrelationship between socio-economic rights and status-based equality in current Kenyan jurisprudence
• Conclusion: Finding harmony

This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya. Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts. The book focuses on important issues such as: - transformative constitutionalism in relation to the interpretation of Kenya's 2010 Constitution; - expanding the list of enumerated grounds for non-discrimination; - affirmative action; - accommodating religious and cultural diversity versus gender equality; - the interrelation between socio-economic rights and status-based equality.
(source: Nielsen Book Data)

• Introduction: The rights of the child, women and sentencing : the case of Kenya
• Exploring the United Nations Convention on the Rights of the Child from the lens of the children of incarceratd mothers
• Literature review on the rights of the child, mothers, and sentencing
• Evolution of women imprisonment in Kenya and the effects of the incarceration on their dependent children
• Exploring the Kenyan sentencing guidelines from the lens of the children of incarcerated mothers
• Recommendations : the rights of the child, women, and sentencing
• Conclusion: The rights of the child, women, and sentencing

This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author's experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children's rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child's existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court's discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children's issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child's rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children's rights law and criminal law.
(source: Nielsen Book Data)

• Foreword by Dr Willy Mutunga Introduction: What We Talk About When We Talk About Land Land Reform in Kenya: The History of an Idea Making Mischief: Land in Modern Kenya Land and Constitutional Change The New Institutional Framework for Land Governance Land Governance Before the Supreme Court Rethinking Historical Land Injustices Taking Justice Seriously.
• (source: Nielsen Book Data)

Why, despite the introduction of new land laws beginning in 2012, has there been an increase in land grabbing in Kenya? Why has legislation failed to address long standing grievances about grossly unequal land distribution? This important book suggests that questions of justice should be central to discussions of African land reform. Constitutional reformers in Kenya promised transformative changes in land relations. However, the reality has disappointed. Land law reforms since 2010 have been more concerned with the administration of land and with bureaucratic power than with the real consequences of unequal access to land for ordinary Kenyans. Manji documents this thwarted struggle and surveys the prospects for genuine change. Published in association with the British Institute in Eastern Africa. Ambreena Manji is Professor of Land Law and Development at the School of Law and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006).
(source: Nielsen Book Data)

• Foreword
• Nomenclature of IP, innovation and transfer of technology
• Conceptualisation and political economy of intellectual property and technology transfer law in Kenya and Africa
• Patent systems and patentability in Kenya and Africa
• Patent procedures, ownership, rights and obligations in Kenya and Africa
• Patent infringement, defences and remedies in Kenya and Africa
• Utility, or design model or petty patent in Kenya and Africa : jua kali or informal sector innovation
• Plant and animal breeder's rights in Kenya and Africa : appropriate IP for biodiversity and biotechnology
• Copyright in Kenya and Africa
• Copyright infringement, defences and remedies
• Digital copyright in Kenya and Africa
• Rights in a performance in Kenya and Africa
• Folklore : "copyright" made in Kenya and Africa?
• Trade mark law and registration in Kenya and Africa
• Trade mark proprietorship, infringement and defences in Kenya and Africa
• Character merchandising, endorsement and sponsorship in Kenya and Africa
• Domain name in Kenya and Africa
• Geographical indication in Kenya and Africa
• Industrial design in Kenya and Africa
• Trade secret and know-how in Kenya and Africa
• Parallel importation in Kenya and Africa
• Trade in counterfeit and pirated products
• Forms of technology transfer in Kenya and Africa
• Regulating technology transfer in Kenya and Africa
• Technology transfer in health and security in Kenya and Africa
• IP, innovation and technology administration in Kenya and Africa
• IP and innovation lawyering & enforcement in Kenya and Africa
• Reforming IP, innovation technology transfer in Kenya and Africa.

• Marshall and Mboya
• A tricky constitution
• Writing rights
• Discriminating friends
• Anarchy is anarchy
• Appendix: Thurgood Marshall's Draft Bill of Rights for Kenya, 1960.

Introduction. 1. Marshall and Mboya. 2. Tricky Constitution. 3. Writing Rights. 4. Discriminating Friends. 5. Anarchy is Anarchy. Epilogue. Appendix: Thurgood Marshall's Draft Bill of Rights for Kenya, 1960.
(source: Nielsen Book Data)

• Map of Kenya ix List of Illustrations xi Introduction 1
• Chapter 1: Marshall and Mboya 11
• Chapter 2: A Tricky Constitution 37
• Chapter 3: Writing Rights 65
• Chapter 4: Discriminating Friends 97
• Chapter 5: Anarchy Is Anarchy 131 Epilogue 161 Appendix: Thurgood Marshall's Draft Bill of Rights for Kenya, 1960 173 Notes 185 Acknowledgments 235 Afterword to the Paperback Edition 241 Index 247.
• (source: Nielsen Book Data)

Mary Dudziak's "Exporting American Dreams" tells the little-known story of Thurgood Marshall's work with Kenyan leaders as they fought with the British for independence in the early 1960s. Not long after he led the legal team in Brown v. Board of Education, Marshall aided Kenya's constitutional negotiations, as adversaries battled over rights and land - not with weapons, but with legal arguments. Set in the context of Marshall's civil rights work in the United States, this transnational history sheds light on legal reform and social change in the midst of violent upheavals in Africa and America. While the struggle for rights on both continents played out on a global stage, it was a deeply personal journey for Marshall. Even as his belief in the equalizing power of law was challenged during his career as a Supreme Court justice, and in Kenya the new government sacrificed the rights he cherished, Kenya's founding moment remained for him a time and place when all things had seemed possible.
(source: Nielsen Book Data)

• Cover; Title page; Copyright page; Contents; PREFACE; TABLE OF CASES; TABLE OF STATUTES; INTERNATIONAL COVENANTS/TREATIES; LIST OF ABBREVIATIONS; CHAPTER 1
• THE LEGAL FRAMEWORK OF ARBITRATION IN KENYA; 1.0 INTRODUCTION; 1.1 THE ARBITRATION ACT, 1968; 1.2 THE UNCITRAL MODEL ARBITRATION LAW, 1985; 1.3 THE ARBITRATION ACT, 1995; 1.4 FUNDAMENTAL PRINCIPLES; 1.5 RULES UNDER THE ARBITRATION ACT, 1995; 1.6 THE 2009 AMENDMENTS TO THE 1995 ACT; 1.7 INSTITUTIONAL REFERENCES TO ARBITRATION; 1.8 COURT SUPERVISED ARBITRATION UNDER ORDER 46 OF THE CIVIL PROCEDURE RULES, CIVIL PROCEDURE ACT.

• 1.9 ENFORCEMENT UNDER THE NEW YORK CONVENTION1.10 CONCLUSION; CHAPTER 2
• THE ARBITRATION AGREEMENT; 2.0 INTRODUCTION; 2.1 ARBITRATION AGREEMENT; 2.2 FORM OF AGREEMENT; 2.3 MODEL ARBITRATION AGREEMENT; 2.4 DOCTRINE OF SEPARABILITY; 2.5 DOCTRINE OF SEPARABILITY; 2.6 VALIDITY OF THE ARBITRATION AGREEMENT; 2.7 MANDATE OF TRIBUNAL AND COURT IN ENFORCING THE AGREEMENT; 2.8 CHALLENGES IN ENFORCEMENT OF THE ARBITRATION AGREEMENT; 2.9 APPOINTMENT AND COMPOSITION OF ARBITRAL TRIBUNAL; 2.10 CHALLENGE TO APPOINTMENT; 2.11 FAILURE AND TERMINATION OF APPOINTMENT.

• CHAPTER 3
• THE JURISDICTION AND POWER OF THE ARBITRATOR3.0 INTRODUCTION; 3.1 TYPES OF JURISDICTION; 3.2 GROUNDS FOR CHALLENGING THE JURISDICTION OF THE ARBITRAL TRIBUNAL; 3.3 POWER OF THE ARBITRAL TRIBUNAL TO RULE ON THE QUESTION OF ITS JURISDICTION; 3.4 POWERS OF ARBITRATORS; 3.5 CONCLUSION; CHAPTER 4
• THE CONDUCT OF THE ARBITRAL PROCESS; 4.0 INTRODUCTION; 4.1 BEGINNING THE ARBITRATION; 4.2 EXISTENCE AND DECLARATION OF DISPUTE; 4.3 TIME LIMITS; 4.4 APPOINTING THE ARBITRAL TRIBUNAL; 4.5 APPOINTMENT BY THE COURT; 4.6 INDEPENDENCE AND IMPARTIALITY OF ARBITRAL TRIBUNAL.

• 4.7 THE PRELIMINARY MEETING4.8 THE JURISDICTION OF THE TRIBUNAL; 4.9 CHOICE OF LAW; 4.10 PROCEDURAL RULES; 4.11 SCHEDULING OR TIMETABLING; 4.12 ADMINISTRATION OF THE REFERENCE; 4.13 FEES AND DEPOSITS OF THE TRIBUNAL; 4.14 COSTS OF THE REFERENCE; 4.15 CONFIDENTIALITY; 4.16 CONDUCTING THE ARBITRATION HEARING; 4.17 SOME COMMON CHALLENGES IN THE CONDUCT OF THE HEARING; CHAPTER 5
• THE ROLE OF THE COURT IN ARBITRATION PROCEEDINGS; 5.0 INTRODUCTION; 5.1 THE JURISDICTION OF THE COURT UNDER THE ARBITRATION ACT; 5.2 STAY OF PROCEEDINGS; 5.3 CONDITIONS PRECEDENT TO THE GRANTING OF STAY OF PROCEEDINGS.

• 5.4 OTHER ISSUES TO BE CONSIDERED BY THE COURT5.5 INTERIM MEASURES OF PROTECTION BEFORE ARBITRATION; 5.6 THE COURT'S ROLE DURING ARBITRATION PROCEEDINGS; 5.7 COURT ASSISTANCE TO ARBITRAL TRIBUNAL TO ENFORCE ORDERS FOR INTERIM MEASURES; 5.8 APPOINTMENT OF ARBITRATORS; 5.9 TERMINATION OF THE ARBITRATOR'S MANDATE; 5.10 ARBITRATOR IS UNABLE TO PERFORM THE FUNCTIONS OF HIS OFFICE; 5.11 ARBITRATOR, FOR ANY OTHER REASON, FAILS TO ACT WITHOUT UNDUE DELAY; 5.12 ARBITRATOR WITHDRAWS FROM HIS OFFICE; 5.13 REVIEW OF THE ARBITRAL TRIBUNAL'S RULING ON ITS OWN JURISDICTION.

• Cover; Title page; Copyright page; Contents; PREFACE; ACKNOWLEDGEMENTS; TABLE OF STATUTES; TABLE OF TREATIES; LIST OF ABBREVIATIONS AND LAW REPORTS; TABLE OF CASES; PART ONE -INTRODUCTION; CHAPTER 1
• HISTORY OF LAW OF SUCCESSION IN KENYA; 1.1 INTRODUCTION; CHAPTER 2
• THE LAW OF SUCCESSION APPLYING IN KENYA AFTER1981; 2.1 THE LAW OF SUCCESSION ACT IS THE GENERAL LAW OF SUCCESSION INKENYA; 2.2 THE LAW APPLYING TO ESTATES OF PERSONS DYING BEFORE THEACT CAME INTO FORCE; 2.3 THE APPLICATION OF SECTION 3(2) OF THE JUDICATURE ACT (CHAPTER8, LAWS OF KENYA) IN SUCCESSION CAUSES.

• 2.4 AFRICAN CUSTOMARY LAW, THE REPUGNANCY CLAUSE AND SUCCESSION MATTERS2.5 THE CONSTITUTION AND THE REPUGNANCY CLAUSE; 2.6 THE APPLICATION OF ISLAMIC LAW; 2.7 THE APPLICATION OF FOREIGN LAW; PART TWO
• TESTATE SUCCESSION; CHAPTER 3
• THE NATURE AND FUNCTION OF WILLS; 3.1 A WILL DISPOSES OF PROPERTY; 3.2 CONDITIONAL WILLS; 3.3 GIFTS IN CONTEMPLATION OF DEATH; CHAPTER 4
• THE CREATION OF A VALID WILL; 4.1 INTRODUCTION; 4.2 MENTAL OR TESTAMENTARY CAPACITY; 4.3 INSANE DELUSIONS; 4.4 BURDEN OF PROOF; 4.5 THE CIRCUMSTANCES OF THE MAKING OF THE WILL: KNOWLEDGE AND APPROVAL.

• 4.6 EXECUTION AND ATTESTATION4.7 WILL WRITTEN IN COMBINATION OF INK AND PENCIL; 4.8 INCORPORATION OF DOCUMENTS BY REFERENCE; 4.9 ORAL WILL; 4.10 PRIVILEGED WILL; 4.11 DISREGARDING A WILL; CHAPTER 5
• REVOCATION, ALTERATION AND REVIVAL OF WILLS; 5.1 INTRODUCTION; 5.2 EXPRESS REVOCATION; 5.3 IMPLIED REVOCATION; 5.4 REVOCATION BY DESTRUCTION; 5.5 REVOCATION BY MARRIAGE; 5.6 REVOCATION BY DIVORCE; 5.7 ALTERATION OF WILLS; 5.8 REVIVAL OF WILLS; CHAPTER 6
• GIFTS BY WILL AND THEIR FAILURE; 6.1 INTRODUCTION; 6.2 GIFTS BY WILL; 6.3 THE DOCTRINE OF ADEMPTION; 6.4 THE DOCTRINE OF LAPSE; 6.5 UNCERTAINTY.

• CHAPTER 7
• CONSTRUCTION OF WILLS7.1 INTRODUCTION; 7.2 INTENTION OF THE TESTATOR; 7.3 SPECIAL OR TECHNICAL WORDS; 7.4 THE DICTIONARY PRINCIPLE; 7.5 ASCERTAINMENT OF BENEFICIARIES AND THE SUBJECT MATTER OF GIFTS; PART THREE
• INTESTACY; CHAPTER 8
• INTESTATE SUCCESSION; 8.1 INTRODUCTION; 8.2 CUSTOMARY LAW AND PART V OF THE LAW OF SUCCESSION ACT; 8.3 RIGHTS OF A SURVIVING SPOUSE; 8.4 THE RIGHTS OF CHILDREN; 8.5 RIGHTS OF OTHER RELATIVES OF THE DECEASED; 8.6 DIVISION OF A POLYGAMIST'S ESTATE; 8.7 DEVOLUTION TO THE STATE; PART FOUR
• PROTECTION OF ESTATES; CHAPTER 9
• PROTECTION PROVISIONS.

• 9.1 INTRODUCTION9.2 INTERMEDDLING; 9.3 PUBLIC OFFICERS AND PROTECTION OF ESTATES; PART FIVE
• GRANTS OF REPRESENTATION; CHAPTER 10
• GRANTS OF REPRESENTATION; 10.1 INTRODUCTION; 10.2 EXECUTORS AND ADMINISTRATORS; 10.3 PERSONS ENTITLED TO A GRANT; 10.4 GRANT OF PROBATE; 10.5 GRANT OF LETTERS OF ADMINISTRATION; 10.6 LIMITED GRANTS; 10.7 FOREIGN GRANTS; CHAPTER 11
• PROBATE JURISDICTION; 11.1 INTRODUCTION; 11.2 ORIGINAL JURISDICTION; 11.3 APPELLATE JURISDICTION; 11.4 INHERENT JURISDICTION; 11.5 THE CIVIL PROCEDURE AND PROBATE PRACTICE; CHAPTER 12
• NON-CONTENTIOUS PROBATE; 12.1 INTRODUCTION.

This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the Magistrate and Judge and the law student William Musyoka holds L.L.B and LL. M degrees from the University of Nairobi. He is an Advocate of the High Court of Kenya and a law lecturer. He has taught the law of succession at the Kenya School of Law and is currently teaching the subject at the School of Law, University of Nairobi.