Vol. 2004 No. 1 (2004)
Research and Policy Implications in Kenyan Jurisprudence: A Comprehensive Analysis
Abstract
This article examines legal research in Kenya’s jurisprudence to highlight policy implications for African trade and investment law. This analysis employs a qualitative approach to review court judgments and legal decisions from recent years, aiming for an in-depth understanding of judicial interpretations and their implications. Key themes emerge regarding the protection of foreign investments and dispute resolution mechanisms, with notable instances where courts have upheld investor rights despite local challenges. The findings suggest that while Kenyan law provides a robust framework for investment, there is room for improvement in how it addresses practical implementation and conflicts between national interests and international obligations. Recommendations include strengthening legal education to better equip judges with practical knowledge of trade laws, and promoting collaborative efforts between domestic courts and international tribunals.