University of Nairobi Law Journal

THE FRONT MATTER

University of Nairobi Law Journal — 2024-05-14

This contains the title of the journal issue, the copyright, the editorial team, the foreword, the editor's note, the acknowledgement note and the table of contents.

THE TABLE OF CONTENTS

University of Nairobi Law Journal — 2024-05-14

Contains the contents of the journal.

PROMOTING BREASTFEEDING AS A HUMAN RIGHT IN KENYA

Ben Sihanya — 2024-05-14

This paper discusses breastfeeding as a human right in Kenya.

DIGITIZING EMPLOYMENT AND EMPLOYMENT STATUS IN THE ERA OF GIG WORK: THE CASE OF UBER AND UBER DRIVERS

Morgan Mwenda — 2024-05-14

Uber Technologies Inc. is a ride-hailing company that developed what has been
widely described as a disruptive technology108, in Kenya and globally. It is an
online platform that allows the user to order the nearest vehicle to their location
as pinpointed by the Global Positioning Satellite (GPS).109 The company was
founded in 2009 by Travis Kalanick and Garrett Camp, and quickly became a
captain in the transport industry.
Uber reported revenues of $31.8 billion, despite overhead costs resulting in a loss
of $9.06 billion for the year ended December 31, 2022.110 For the end of the 2023
first Quarter, Uber reported a 29% Year-on-Year rise in revenue to $8.8 billion,
showing positive and strong growth as compared to the first quarter of 2022.111
Europe, Middle East and Africa contributed a total of $2.09 billion to that figure,
representing an increase of 86% from Q1 2022.112 This was the highest single
point of growth as compared to other regions around the globe, indicating rapid
uptake of the application and favorable business conditions in the said region.

Despite various scandals that have made the company an interesting one to watch

by the business community, Uber has acquired its global position on merit. In
addition to providing an accessible, affordable and easy-to-use innovation, it has
provided gainful employment to about 22,800 employees worldwide and
facilitated over 5 million drivers and couriers to earn a living globally.113 Uber
employs approximately 12000 drivers in Kenya alone. The company is regulated
by the National Transport and Regulatory Authority under the Transport Network
Companies, Owners, Drivers and Passengers Regulations of 2022.

CULPABILITY IN THE ERA OF ARTIFICIAL INTELLIGENCE IN KENYA; AN OVERVIEW

Natasha Wanjiku Kahungi — 2024-05-14

The boom of Artificial Intelligence (AI) has brought benefits and challenges alike.
One particular concern about the application of AI is the imposition of liability.
So far, establishing responsibility in the event that an AI system causes harm has
proven difficult for a variety of reasons. Primarily, AI systems are distinct in that
they lack transparency, which makes imposing liability difficult. AI also has a
sense of autonomy, which makes imposing liability on the programmer, software
developer, or user difficult, despite the fact that many liability regimes are human-oriented.

This creates a lacuna where the perpetrator of the crime, tort or harm,
often the AI system itself, is unpunished. This article examines current liability
regimes and highlights their shortcomings in determining culpability. It will also
propose various liability regimes with the goal of not only making amends for
wrongs committed but also acting as a deterrent.

PATHWAY TO DIGITAL JUSTICE AND INNOVATIVE MECHANISMS: AN ANALYSIS OF AMICABLE DISPUTE SETTLEMENT IN KENYA

Nellys Koyoo — 2024-05-14

Digital technology continues to transform dispute resolution landscape. In the
process however, despite solving numerous problems, it generates new breeds of
disputes all together. Since time immemorial, justice has been meted out such that
the disputants alongside the adjudicators have to converge at an agreed place
and give their part of the story hoping that the adjudicator will facilitate an
agreement between them on the issues in contention. By the end of the day, justice
will have been done. This article seeks to review the promise of an improved
dispute resolution mechanism through technology in Kenya, grounded in less
conceptual and physical considerations, and the possibility of justice being
achieved digitally.

IS LAW AND TECHNOLOGY A BOON OR BANE IN KENYA?

Fortune Wekesa Wabwile — 2024-05-14

Prior to the COVID-19 pandemic, Kenya’s uptake and incorporation of
technology into day-to-day Government services was slow. However, with the
“COVID-19 era” that almost brought everything to a halt, there needed to be
innovations to facilitate the administration of vital services. The Kenyan Judiciary
was quick to identify technology as having the potential to provide a quantum leap
in the administration of justice. Technology has proved to be a game changer in
judicial service delivery. Adjudication of matters has become time efficient and
cost-friendly not only to the Judiciary and legal practitioners but also to legal
consumers. Technology has ushered in a new dawn of better management of court
records and has transformed the most basic judicial services into electronic ones.
All these have enhanced the efficiency and accountability of the Judiciary.
Moreover, online dispute resolution mechanisms have been recognized. This has
furthered the use of the Internet and technology in other social and economic
environments.

However, the incorporation of technology into the legal system in Kenya has also
brought about its fair share of challenges. Among these barriers include; the
complexity of the Judiciary interface among the Self-Representing Litigants
(hereinafter SRLs) and the lack of statutory regulation on the practice of Online
Dispute Resolution (ODR). This article traces the introduction of technology in
the Kenyan Judicial system, identifies the advancements that have since been
made and discusses the barriers against access to justice occasioned by the use
of technology. The article then provides practical solutions that can be employed
to enhance access to justice by consumers and especially SRLs.

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University of Nairobi Law Journal — 2024-05-14

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