Journal Articles and research Publicationshttp://ir.kabarak.ac.ke/handle/123456789/102024-03-28T11:40:21Z2024-03-28T11:40:21ZA SURVEY REPORT ON THE EFFECTIVENESS OF ADVANCE ORGANIZERS RESEARCH AS A TEACHING STRATEGKariru Kigo, JosephatOkere, MarkMaghanga, Christopherhttp://ir.kabarak.ac.ke/handle/123456789/14552024-03-23T05:13:06Z2019-01-01T00:00:00ZA SURVEY REPORT ON THE EFFECTIVENESS OF ADVANCE ORGANIZERS RESEARCH AS A TEACHING STRATEG
Kariru Kigo, Josephat; Okere, Mark; Maghanga, Christopher
Effect of advance organizers on students’ achievement and
retention of subjects concepts at various learning levels has been
a vibrant area of research in education.
Use of advance organizers has been attributed to overcoming low
performance of students in subjects like chemistry, physics and
others.
The causes of low performance has been attributed to insufficient
man power, lack of equipment, poor attitude of students, poor
understanding of concepts involved and even overloaded
curriculum and ineffective teaching.
Recently published research results on the effectiveness of
advance organizers in teaching. Integration of technology for the
construct
If seen as an intervention to improving performance and retention,
teachers and tutors will be encouraged to adopt advance
organizer teaching strategy.
2019-01-01T00:00:00ZFROM David Onyango Oloo Vs Attorney General TO Charles Kanyingi Karina Vs The Transport Licensing Board: A STEP IN THE REVERSE?Ongoya Z, . ElishaWetang'ula S ., Emanuelhttp://ir.kabarak.ac.ke/handle/123456789/13812024-03-23T06:08:21Z2000-01-01T00:00:00ZFROM David Onyango Oloo Vs Attorney General TO Charles Kanyingi Karina Vs The Transport Licensing Board: A STEP IN THE REVERSE?
Ongoya Z, . Elisha; Wetang'ula S ., Emanuel
The doctrine of natural justice is · p r esently hackneyed in the realms of
administrative law and justice, arguably . the world over.
The Rules of natural justice are minlmu rn standards of fair decision-making
imposed by the law to decision-making r- .r thonties .
According to P.L.0. Lumumba in his treatise, An Outline of Judicial Review in
Kenya, the operating sphere of the principle is stated in the tc \lowing terms.
The principles of natu r al justice are basically concerned v 1ith common law rules of
fa i r procedure . The pr i nciples were developed by the courts and are applied t o
administrative agencies (public authorit i es engagr d in judicial and/or quasi
judicial functions) . In broad terms , the principles of r , atural justice espouse the rule
against bias and the duty to hear the other side .
The first limb of the doctrine. namely , the rule ar,.Jinst bias is outside the scope of
coverage of this paper .
The second limb of the tenets of natural justice. that is , the right to hear the other
side. is captured in the latin maxim audi alterem patem translating into 'no man
shall be condemned unheard.' The rule that no man shall be condemned unless
he has been given prior notice of ti 1e allegations against him and a fair
opportunity to be heard is a cardin a l principle of justice. It has been stated,
albeit somewhat romantically, to be reflected in God's treatment of Adam and
Eve before the expulsion from the biblical garden of Eden and , indeed , to be an
aspect of natural law in the sense of 'the laws of God and man'. It embodies a
principle, which would universally be perceived as inherent in the concept of fair
treatment.
2000-01-01T00:00:00ZIMPORTATION" OF VOTERS IN KENYA'S ELECTORAL PROCESS: A CASE OF LAWS THAT CAN DEFY AN ANGEL'S ATTEMPT TO ENFORCE IN THE ABSENCE OF A VIGILANT ELECTORATE.Ongoya Z., Elishahttp://ir.kabarak.ac.ke/handle/123456789/13802024-03-23T06:08:15Z2000-01-01T00:00:00ZIMPORTATION" OF VOTERS IN KENYA'S ELECTORAL PROCESS: A CASE OF LAWS THAT CAN DEFY AN ANGEL'S ATTEMPT TO ENFORCE IN THE ABSENCE OF A VIGILANT ELECTORATE.
Ongoya Z., Elisha
The recently concluded voter registration exercise in Kenya, in tandem with what has
become the norm in every electoral process in the country, was not without complaint.
Complaints ranged from delay in issuance of identification documents leading to
disenfranchisement of certain, mostly youthful, citizens, through the short period set
aside for the voter registration process, to "importation" of "outsiders" to register as
voters into other constituencies. These allegations bring to the fore a question of the
capacity of the forthcoming elections to be free and fair . It is now a truism that the
"freeness" and fairness of an election calls for a consideration of factors prior to, and
beyond, the ballot box ritual. This paper seeks to interrogate the commonly used criteria
to ascertain whether a particular election has been free and fair; the law regarding the
eligibility of a person to register as a voter in any constituency in Kenya, the prescribed
mechanisms of detecting "imported" voters in Kenya, practical challenges to detecting
"imported" voters and finally, whether, in light of the allegations of voter "importation"
the forthcoming General Elections stand a chance of passing the free and fair test.
2000-01-01T00:00:00ZTHE LAW OF POLITICS OR THE POLITICS OF THE LAW?: An Evaluation of the "Mwai Vs Moi" Rule as to Personal Service of election petition in kenyaOngoya Z., ElishaMasitsa, Wasia s.http://ir.kabarak.ac.ke/handle/123456789/13792024-03-23T05:12:33Z2005-05-01T00:00:00ZTHE LAW OF POLITICS OR THE POLITICS OF THE LAW?: An Evaluation of the "Mwai Vs Moi" Rule as to Personal Service of election petition in kenya
Ongoya Z., Elisha; Masitsa, Wasia s.
For quite some time, the decision of the five-judge bench/ of the Court
of Appeal of Kenya sitting at Nairobi, delivered on the 10th day of
December 1999 3 has been a ghost that has haunted petitioners,
practitioners and judges of the High Court of Kenya sitting as an
election court alike.
In these Appeals that pitted Mwai Emilio Kibaki as the Appellant
against Daniel Toroltlch Arap Mai, S.M. Kivuitu and the Electoral
Commission of Kenya as Respon d ents (hereinafter referred to as Mwai
Vs Mai), the Court of Appeal found and declared thus:
In the event, we are satisfied the three judqesof the High Court were fully
justified in holding that as the law now stands · . only personal service will
suffice in respect of election petitions filed under Section 20(1)(a) of the Act .
' ·
Following this pronouncement, petitioners have been met by technical
objections on the modes of service that they have employed and many
an election petition have been struck out for non-compliance with the
rule · as to personal service as enunciated in Mwai Vs Mai even on
occasions when the respondents have deliberately avoided service. In
other instances ; the High Court, which falls below the Court of Appeal
in the country'sjudicial hierarchy, has expressed doubts as to the
credibility and legal thrust of the averment that personal service is the
only mode of service recognized under the National Assembly . and Presidential Elections Act and, at some point in time, the High Court
has outrightly rejected the reasoning of the Court of Appeal in Mwai
Vs Moi.
This state of affairs has had the inevitable consequence of
bringing the judicial process, so far as it relates to election petitions,
into disrepute.
2005-05-01T00:00:00ZA CRITICAL APPRAISAL OF THE CONSTITUENCY DEVELOPMENT FUND ACTOngoya, ElishaEunice, Lumallashttp://ir.kabarak.ac.ke/handle/123456789/13782024-03-23T05:18:28Z2005-11-01T00:00:00ZA CRITICAL APPRAISAL OF THE CONSTITUENCY DEVELOPMENT FUND ACT
Ongoya, Elisha; Eunice, Lumallas
The striking out of parliamentary Acts in Ken y a on grounds of being unconstitutional
has become a norm only second in rank to the apparent lethargy on the part of the
Parliament of the Republic of Kenya to enact any meaningful number of legislations in
an y given session. This ' belligerent' contention is not without basis -.
Parliamentary loss of credibility through the apparent conspiracy while voting on
matters affecting the personal interests of members of parliament in Ken y a is not made
better by the failure of parliament to enact statutes that pass the test of constitutional
scrutiny.
In this paper, we seek to interrogate the issue whether the Constituency Development
Funds Act , arguably one of the few land mark achievements of the ninth parliament ,
passes the test of constitutionality.
It is the authors' contention that in light of the previous jurisprudence from the High
Court of Kenya, sitting as a constitutional court, this self declared achievement b y the ninth p a rliament of th e Republic o f K eny a is y et anothe r dismal performance from th e
August House.
2005-11-01T00:00:00ZTHE APPLICATION OF THE DEATH PENAL TY IN KENYA: A CASE OF TORTUROUS DE F ACTO ABSTINENCE.ASIEMA, JOY K .ELISHA, ONGOYA Z .http://ir.kabarak.ac.ke/handle/123456789/13772024-03-23T05:25:21Z2000-01-01T00:00:00ZTHE APPLICATION OF THE DEATH PENAL TY IN KENYA: A CASE OF TORTUROUS DE F ACTO ABSTINENCE.
ASIEMA, JOY K .; ELISHA, ONGOYA Z .
his paper sets out to examine the application of the death penalty in Kenya .1 . It examines the Kenyan
national legal framework against the backdrop of international and regional instrument < , dealing with the
death penalty. The paper also considers Kenya's stand on and initiatives towards the abolitiolition of the death
penalty in light of a heightened campaign in the world legal order calling upon, states that have not
abolished the death penalty to do so.
From the very outset , it is the writers' view that the application of the death penalty in Kenya is as
torturous to the death row inmate as it is to the researcher attempting to make his / her way through the dark
cloud that surrounds available data on the application of this mode of punishment in the Kenyan penal
system. The available data content is minimal compared to the dry law touching on the subject in question .
There is therefore need for long term, in-depth , research aimed at unearthing more data in Kenya in order to
provide an accurate pic t ure of the status of Kenya in the application of the death penalty.
To the death row inmate in Kenya, the process is torturous . Th e y await their fate with anguish and
agony; personal suffering , as well as that of family and friends , inflicted by being kept in the dark by the
state as to when it finally intends to proceed with the execution. The treatment of death row inmates in
Kenya, when viewed against international and regional instruments prescribing the standards for their
treatment , will be found wanting. But first, a look at the s e instruments:
2000-01-01T00:00:00ZEVALUATING THE COMPETENCE OF INVESTIGATIVE AND PROSECUTORIAL AGENCIES FOR CAPITAL OFFENCES IN KENYA: A CASE STUDYOngoya, Elishahttp://ir.kabarak.ac.ke/handle/123456789/13762024-03-23T05:18:24Z2005-01-01T00:00:00ZEVALUATING THE COMPETENCE OF INVESTIGATIVE AND PROSECUTORIAL AGENCIES FOR CAPITAL OFFENCES IN KENYA: A CASE STUDY
Ongoya, Elisha
The above sentiment was a defence lawyer ' s
response to a press interview upon winning a
sensational murder case in which a Permanent
Secretary had been found brutally killed in a fire
inferno. His wife was charged with starting the
fire . She was convicted of murder and sentenced
to the mandatory death sentence by the High
Court, but the Court of Appeal quashed the
conviction. The grounds of suspicion and
circumstantial evidence were the only means
which the High Court used to determine that the
accused had a strong motive for killing her
husband. The Court of Appeal found that the
circumstantial evidence relied on by the High
Court was not sufficient to condemn the accused person he recent past has seen some very critical
utterances being levelled against the
investigative and prosecutorial agencies of the
Republic of Kenya by the judiciary, owing to the
cavalier manner in which these agencies h a ve
handled criminal cases . In Republic v. David
Manyara Njuki and Twelve Others, the thirteen
accused persons were facing ten counts of
murder under Section 203 as read with Section
204 of the Penal Code, Cap. 63 of the Laws of
Kenya. The trial judge, in declaring that the
accused persons had no case to answer at the
close of the prosecution case, criticised the
police for relying on the evidence of an
informant without attempting to verifv its
acc uracy . "It is incumbent upon the police to
ver~fy the truth and accuracy of the information
:'hich they allegedly received from their
informer_ but they do not seem to have carried
..,, . out '.:!F.ly independent investigation s at all. ..
2005-01-01T00:00:00ZOPERATION IRAQI FREEDOM': SOME HUMANITARIAN REFLECTIONSOkello Odhiambo, EdwardWanjiru Mwangi, EuniceOngoya, Elishahttp://ir.kabarak.ac.ke/handle/123456789/13752024-03-23T05:18:21Z2004-01-01T00:00:00ZOPERATION IRAQI FREEDOM': SOME HUMANITARIAN REFLECTIONS
Okello Odhiambo, Edward; Wanjiru Mwangi, Eunice; Ongoya, Elisha
"War in Iraq", "War in the Gulf', "It's all Bombardment", "Civilian Death Toll in
Iraq Increases ", " Baghdad F i nal l y Falls", etc , were some of the showy press
headlines during the second Gulf War in 2003. Not even the ethnic based maga
zines were left behind in this war-clouded event. The same period also wit
nessed the rising numbers of electronic gadget users in the manner of keep i ng
abreast with the events in Iraq. The cyberspace was not left behind in this orgy
event and many times it made efforts to provide its consumers with the informa
tion on the wa r .
Everywhere it was just war in Iraq; people in the streets of Nairobi, Kampala,
Kuala Lumpur, London, etc , could only think about or be heard talking about
one thing during this time: the War in the Gulf. Press reports from the conflict
area would also be saturated with warfare issues and many times they would
publish information about the grenade-propelled rockets being used by the Iraqi
soldiers, Iraqi combatants using r uses and perfidy to ambush their enemies
and the US-led forces dropping the dreadful cluster bombs of the Rockeye type
full of hundreds or thousands of bomblets.
2004-01-01T00:00:00ZInternational Law and World Order ProblemsNjenga, F. X.Ongoya, Elishahttp://ir.kabarak.ac.ke/handle/123456789/13742024-03-23T05:43:46Z2004-01-01T00:00:00ZInternational Law and World Order Problems
Njenga, F. X.; Ongoya, Elisha
We have received the news of the re
vival of the East African Law Journal
with a lot of excitement. This is a wel
come development in the legal and
academic circles in the East African
region. This journal traces its life his-
. tory back to the days of the defunct
East African Community, which was
established in 1967 and collapsed ten
years later in 1977. It is recalled that
the journal whose last publication
was in 1977 was a joint publication of
the Community and the Faculty of
. Law, University of Nairobi. Like
many other activities, which were
conducted under the auspices of the
Community, publication of the jour
nal was also affected by the collapse
of the Community and could not con
tinue after its demise. Absence of such
journals is untenable as it not only de
nied scholars a forum for their schol
arly works and dissemination of re
search findings but also contributed
to lowering the standards of legal
practice and teaching in the region. It
is in this context that the revival of the
East African Law Journal is a welcome
development, which will inter alia, al
leviate those problems.
The collapse of the East African Com
munity was widely regretted in the
region and the people of East Africa
upon realising that it was a grave mis
take to let the Community break have
taken deliberate steps to revive it to- ::
gether with its institutions deter- .1
mined that "it should never happen
again." Revival of the East African Law
Journal is a step towards that goal and . · '
indeed a clear testimony of determi
nation of the East Africans towards
solid regional integration.
The importance of co-operation in
different areas among the East Afri
cans cannot be over emphasised. The
· Treaty for the Establishment of the
East African Community states ·
clearly in Article 5 that the" objectives
of the Community shall be to develop
policies and programmes aimed at q
widening and deepening co-opera
tion among the partner States in po
litical, economic, social and cultural
fields, research and technology, de-
. fence, security, legal and judicial af
fairs, for their mutual benefit." The
Treaty also puts emphasis on the in- i·
volvement of private sector/ civil so- L
Undoubtedly the reintroduction of
this journal plays a significant role in
L
ciety in the integration process. The J ·
work and contribution of the aca- (
I-.
demic institutions in the integration !
process is of vital importance in or- T'
der to avoid pit falls which lead to the
collapse of the previous Community,
which is a fact also, recognised by
Treaty.
2004-01-01T00:00:00ZREAL TIME SECURITY ALERTYator, Eng. K. Ronaldhttp://ir.kabarak.ac.ke/handle/123456789/12222024-03-23T05:05:34Z2015-01-01T00:00:00ZREAL TIME SECURITY ALERT
Yator, Eng. K. Ronald
2015-01-01T00:00:00Z