Dr BEN SIHANYA, JSD (Stanford) Teacher, Author, Advocate, Patent (IP) Attorney, CPS (K), and Consultant Dean Law, University of Nairobi Law School
Curriculum Vitae, 1989 – Monday, November 23, 2009
Research Interests Intellectual Property, Constitutionalism, ICT Law, and Education Law for Sustainable Development
Perspective Appropriate competencies (skills, knowledge, attitudes and v alues (SKAV)), innovation, and constitutional governance are critical parameters for Kenya ’s and Africa’s sustainable socio-economic and political development Dr BEN SIHANYA, JSD (Stanford) Teacher, Author, Advocate, Patent (IP) Attorney, CPS (K), and Consultant Dean Law, University of Nairobi Law School
Curriculum Vitae, 1989 – Monday, November 23, 2009.
TABLE OF CONTENTS
A. Personal Details; Permanent Address; Website
B. Education
C. Relevant Training
D. Teaching and Research Interests
E. Supervision of Research
F. School Administration and University Governance
G. Achievements as Dean Law
H. Publications (i) Articles in refereed journals (ii) Articles in refereed magazines, newsletters (iii) Book chapters (iv) Books edited (v) Books and monographs (vi) Book reviews (vii) Selected papers and reports
I. Discussion papers, conference papers and related researches
J. Lawyering and Advocacy
K. Honours and Awards
L. Academic Presentations and Professional Training Conducted
M. Government of Kenya: Legal Consultant (1989-) (See also N below)
N. International, Inter-Governmental, Corporate and other Consultancies (Consultancies include some items under H, I, J, L, M, P and U)
2 O. Work in Progress: Professorial Research Agenda, 2006-2012
P. Public Interest Lawyering
Q. Media Appearances
R. Computer and Internet Skills
S. Language Proficiency (spoken and written)
T. Fellowships and Memberships
U. Taught, Researched, Presented and Studied in at least 18 countries
V. Mentoring Programme
W. Academic and Professional Referees
3 Dr BEN SIHANYA, JSD (Stanford) Teacher, Author, Advocate, Patent (IP) Attorney, CPS (K), and Consultant Dean Law, University of Nairobi Law School
Curriculum Vitae, 1989 – Monday, November 23, 2009.
A. PERSONAL DETAILS, PERMANENT ADDRESS; WEBSITE
Name: Bernard Murumbi Sihanya Date of Birth: November 23, 1965 Marital Status: Married to Jaki Emmanuela Wasike-Sihanya Children: Kennedy Wasike Sihanya and Atieno A gnes Ayieko Sihanya
PERMANENT ADDRESS; WEBSITE
University of Nairobi Law School & ©opyright Africa & Innovative Lawyering Parklands Law Campus, Room B10 Box 1313, Sarit Centre, 00606 Nairobi, Kenya Telefax (+254-20) 3741769; (+254-20) 2128272; +726020082 (O); 3522224(H); Cell: +722897825, +737897825 email: [email protected]; [email protected] ; [email protected] ; url: www.innovativelawyering.com
B. EDUCATION
1. Juridical Science Doctor (JSD) (PhD) 2003; Stanford Law School, Stanford, CA, USA - Doctoral research on copyright and cultural creativity in Kenya within the (trans)national political economy; also addresses the role of intellectual property , communications law and constitutionalism in promoting innovation for sustainable development, particularly innovations in te chnology, industry, commerce or business, culture, traditional cultural expressions (TCE s) (folklore), literature, music, software and the Internet.
- Advisors: Prof. Lawrence Lessig, Prof. Paul Goldstein, and Prof. John Barton; - Dissertation: Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy of Transnational Intellectual Property.
- Coursework focused on: Copyright; Advanced Copyright; US African and Comparative Intellectual Property; International Intellectual Property; Constitutionalism, governance, law in society; ICT Law, Cyber Law, Open Sour ces, Law in the Virtual World (cyber gaming).
2. Juridical Science Master (JSM) (research and taught LLM), 2001 under the Stanford Program in International Legal Studie s (SPILS); attained distinction aggregate;
4 - Coursework focused on Intellectual Property and Communications Law (ICT, Cyber and Media and Entertainment Law); - JSM thesis: Opening Sources for Kenya’s Development: The Discourse on Intellectual Property, Technology Transfer and Access to Software and Cyberspace in Kenya (Advisors: Prof. Lawrence Lessig and Prof. Jonathan Greenberg).
3. Certified Public Secretary (Kenya), 1997, under the Institute of Certified Public Secretaries of Kenya (ICPSK).
4. Master of Laws (LLM), 1995 University of Warwick, Coventry, UK - Graduated with distinction (only member of class to do so); - Coursework focused on Comparative and International intellectual property, technology transfer, IT law, financial law, transnational corporate law, international economic law, and law in development;
- Thesis: Regulating and Transferring Telecommunications Technology in Kenya: Corporate Responses to Development Challenges.
5. Diploma in Law, Kenya School of Law, Nairobi, 1992; admitte d as Advocate, July 15, 1993.
6. Bachelor of Laws (LLB), Faculty of Law, University of Nairobi, 1992; Upper Second Class Hons. No first class was awarded.
C. RELEVANT TRAINING
1. World Trade Organisation (WTO) consultation among and training of trainers for Regional Trade Policy Course (RTPC) in Geneva, so that I teach Trade Related Aspects of Intellectual Property (TRIPs) at the Universities of Nairobi (2004), University of Namibia (2005-2007) and University of Swaziland (2009-).
2. Training on Results Based Management for Senior University Management, April 4 - 5, 2007.
3. Training on Pedagogy and Curriculum Development for University Lecturers, March 26-30, 2007.
4. Training on University Health, Safety, Security and Standards, March 20 -23, 2007.
5. Training on ISO 9001: 2000, February 6, 2007 (for University Managers) .
6. Trained as a Trainer to Conduct e-training of Government officials on the World Trade Organisation (WTO) Programme an Online Introduction Course on WTO and its Basic Principles for English–speaking African Region (October 2005) my main
5 focus being Trade Related Aspects of Intellectual Property (TRIPs) and General Agreement on Trade in Services ( GATS);
7. World Intellectual Property Organisation (WIPO) and World Trade Organisation (WTO) Colloquium for Teachers of Intellectual Property, Geneva, May; May 1 –3, 2006; June 26-July 8, 2005.
8. University of California at (UC) Berkeley and UC Davis , California - Certificate course in Introduction to US Law (2002) .
9. Université de Catholique de Louvain , Louvain-la-Neuve, Belgium - Certificate course in European Community Consumer Law, 1999.
10. Consumers International Regional Office for Africa (CI -ROAF), Harare, Zimbabwe - Certificate course in electronic communication and ne twork administration, 1999.
11. Institute of Certified Public Secretaries of Kenya (ICPSK), Nairobi, Kenya - Registered as a Certified Public Secretary (CPS(K)), 1997.
12. World Intellectual Property Organization (WIPO), Geneva, Switzerland and Attorney General’s Office, Nairobi, Kenya - Certificate course in copyright and related rights, 1992
13. Nairobi International Law Institute (a programme of Widener University (US), and Faculty of Law, University of Nairobi) - Postgraduate certificate course in international trade and investment law, 1991;
14. Innovative Lawyering and ©opyright Africa, Nairobi, Kenya - Founder CEO, on-the-job training and short-term courses on computing, using e - mail, and the Internet in intellectual property and communications/cyber law research (1989-);
15. Maseno School, Maseno, Kenya - Kenya Advanced Certificate of Education (high school or “A” levels); obtained 4 principals & 1 subsidiary in Literature in English, CRE, Geography and Economics and General Paper, respectively (1986-1987). This followed record-breaking Division One in “O” Levels, and record-breaking triple “A” (36 points) in CPE (Standard 7).
D. TEACHING AND RESEARCH INTERESTS
1. Intellectual Property and Innovation - including Copyright, Trade Mark, Patent, Geographical Indication, Trade Secret and Technology Transfer.
2. Kenyan and Comparative Constitutionalism - including Kenyan Political Economy; Research Methodology, Jurisprudence and Social Theory.
6 3. Education and Mentoring Law.
4. Communications Law – including Cyber Law, Media and Entertainment Law.
5. Cultural Politics and Intellectual History.
E. SUPERVISION OF RESEARCH
1. Supervised students enrolled for doctoral research in intellectual property, constitutionalism, and ICT law, University of Nairobi and leading European universities since my last promotion on January 26, 2006. I have supervised the following students:
(1). Marisella Nabongo Ouma (2008): Enforcement of Copyright in Sub-Saharan Africa: A Theoretical Perspective, Queen Mary Intellectual Property Research Institute, University of London.
(2). Jan Schmidt (2009): Multi Ethnic States and their Constitutional Integration Strategies Towards Ethnic Minorities in Eastern Africa: A Case Study of Kenya, Ethiopia and Tanzania, University of Tübingen, Germany.
(3). Peter Otieno Pete: Legal Instruments for Content Regulation in Digital Media in Kenya, University of Nairobi Law School (continuing).
(4). Julia Wanja Muriithi: Property regimes and their Role in I nnovation in Africa: The Case of Kenya (continuing), University of Nairobi Law School of Journalism and Mass Communication (SOJMC)
(5). Samuel Chepkonga: Historical Development of the Telecommunication Sector in Kenya: Regulatory and Licensing Politics , University of Nairobi Law School (continuing).
(6). John Mutakha Kangu: Constitutional Architecture and Staff Governance: Shortcomings in Contemporary Constitution –making Experiences, University of Nairobi Law School (continuing).
2. Supervised at least 26 Masters Theses or projects in Intellectual Property, Constitutionalism, Education and Mentoring Law, and ICT Law, University of Nairobi. Some of the Masters theses since my last promotion in January 26, 2006 include the following.
(1). Eva W. Kiiru (2009): New Media and the Creative Sector in Kenya: Intellectual Property Challenges and Implications, MA, School of Journalism & Mass Communication.
7 (2). Paul Kipkosgei Rotich (2009): An Audit of Kenya’s Anti-counterfeiting Laws: Do They Embrace International Trade Law Standards?
(3). Boniface Mutinda Kabaka (2009): Regulating Electronic Trading of Securities in the Nairobi Stock Exchange.
(4). Idah Gatwiri (2009): Evaluating Communication Methods for Disaster Management in Kenya, University of Nairobi, School of Journalism and Mass Communications (SOJMC)
(5). Sigilai Colleta Jebet (2009): Assessing and Reforming Legal Instruments and Practice of University Education Financing Schemes in Kenya.
(6). Julia Wanja Muriithi (2008): The Impact of Piracy on Gospel Music Industry in Kenya, MA, School of Journalism and Mass Communication .
(7). Cosima Apeles Wetende (2008): Integrating Mediation into Kenya’s Civil Justice Process: A Survey of Advocates in Nairobi
(8). Rose Akinyi Osiemo (2007): Trade Marks as a Feature in Kenya’s Competitive Economy
(9). Charles Orinda Dulo (2007): Telecommunication Regulation in Ke nya: A Case for Generic Reforms due to ICT .
(10). Joseph Kuira (2007): Copyright Law vis-à-vis Freedom of Expression as a Paradox for Journalists Working in Kenya: A Case Study of the Standard and the Daily Nation Newspapers,2000 -2004,MA, School of Journalism and Mass Communication.
(11). Irene Ndegwa (2007): The Commercial Exploitation of Personality: Challenges Facing the Kenyan Celebrity .
(12). Moses Wang’oo (2007): The East African Federation and the Supremacy of the Kenyan Constitution
(13). Hezekiel Oira (2006): Addressing the Controversies of Neighbouring Rights of Broadcasting Organisations under Kenyan and International Law .
(14). Richard Kuloba (2006): Expeditious and Effective Civil Remedies and Procedures against Infringement of Copyright in Kenya .
(15). Peter Pete (2006): New Regulatory Typology in the Age of Technological Convergence: A Case of Telecommunication Licensing in Kenya
8 Some of the Masters Theses and projects I am currently supervising include the following:
(1) Lilian Abishai (2009): Alternative Electoral Disputes Resolution for a Sustainable Democratic Government in Kenya: Is this the Way Forward?
(2) Francis Ang’ila Aywa (2009): Electoral Laws as Regulator of Political Competition: An Examination of its Efficacy in Kenya.
(3) Debra Wanjiru Gichio (2009): An Overview of the TRIPs Agreement on Patenting Life Forms: Its Effects and Recommendations for Reform.
3. Supervised Undergraduate dissertations or projects in intellectual property, constitutionalism and ICT law, University of Nairobi . I have supervised 71 students since 1997. Some of the undergraduate since my last promotion on January 26, 2006 are the following:
(1). Japheth Odhiambo (2009): Rural Renewal as a Right to Sustainable Development in Kenya Integrating Land Use and Agrarian Policy Reforms into Rural Development
(2).Wilson Mwihuri (2009): Consolidating the Regulatory Framework for Financial Services in Kenya
(3). Aliahmed Hassanali (2008): Securitisation of Intellectual Property in Kenya: Prospects for Commercially Exploiting Intellectual Property
(4). Angela Waweru (2008): Kenyan Higher Education Law in a Global Context: Assessing International Initiatives to Promote Access and Trade in Education
(5). Jeremmy Okonjo (2008): Digital Signature Legislation in Kenya: The Quest for a Public Key Infrastructure for E-commerce.
(6). Culent Lunyolo (2008): The Constitutional Powers of the Attorney General in Kenya.
(7). Sang Kipyego (2008): Historical Injustices in Public Service Appointments: 1963-2008 and Beyond.
(8). Aron Ambia (2007): Constitutionalizing and Legislating Good Corporate Governance in Kenya: The Challenges and Prospects .
(9). Lorraine Ogombe (2006): Parallel Importation and the Law in Kenya .
9 F. SCHOOL ADMINISTRATION AND UNIVERSITY GOVERNANCE
1. Dean Law and Related Administrative Roles - Elected Dean, University of Nairobi Law School, January 29, 2009 (approved by Senate and Council).
- Chair, School Management Board; Chair, School Academic Board; and Chair, School Board of Examiners, University of Nairobi School of Law.
- Chair, School Management Team, consisting of Chairs of Departments, Chairs of Committees, and Coordinators of Programmes, University of Nairobi Law School.
- Ex officio member, all School Committees: Academic and Admissions Programmes; Exams; Postgraduate; Mentoring, Moot courts and Internship, etc.
2. Member, University of Nairobi, Deans’ Committee, Chaired by Deputy Vice Chancellor, Academic Affairs (AA), Prof Jacob T. Kaimenyi.
3. Dean Law in Regulating Legal Education - Member, Council of Legal Education (CLE), 2009 - Member of the Academic Affairs Committee Member, Finance and General Purposes Committee
4. Dean Law in Tender and Procurement Committees - Member, University of Nairobi Tender Committee, appointed by the Vice Chancellor, Prof George A.O. Magoha; Chaired by the Deputy Vice Chancellor, Administration and Finance (A&F), Prof Peter M. F. Mbithi. Member of the University of Nairobi Enterprises Services (UNES), Tender Committee. Member of Procurement Committee, College of Humanities and Social Sciences (CHSS).
5. Member, University Senate Committees, 2004- Member of the Senate Committee on ICT - under the auspices of University of Nairobi ICT Centre: reviewed and co -drafted Draft UoN ICT policy. Member of the Senate Committee on Intellectual Property – led drafting of UoN IP Policy; took part in interviewing short-listed applicants for the post of Intellectual Property Officer for the University, 2007; reviewed plant based innovation for IP protection; both chaired by DVC (A&F) , Prof Peter M. F. Mbithi.
6. Member, College Management Board (CMB) since January 29, 2009; member of the College Management Board subcommittee on teaching, research and utilisation of space, 2008/2009 (appointed by Prof Isaac M. Mbeche, approved by CMB) .
10 7. Member, College Academic Board, (CAB), 2004-
8. Member, Appointments and Promotions Committee (A&C) – various panels at the University of Nairobi and at the Kenya Polytechnic University College (since 2004)
9. Chairman, Commercial Law Department, University of Nairobi Law School, Februa ry 9, 2006 – February 3, 2009.
10. Promoted to Senior Lecturer, Department of Private Law, January 26, 2 006; Promotion panel chaired by Deputy Vice Chancellor (A&F) Peter M.F. Mbithi ; transferred to the Department of Commercial Law.
11. Warden and Manager, Strategic Management Unit (SMU), Parklands Law Campus, University of Nairobi, November 2005 – to date.
12. Adjunct Professor of International Intellectual Property Law and Comparative Constitutional Law, Widener University, US/Nairobi International L aw Institute, (a programme of Widener University and University of Namibia) 2005 and 2009 -
13. Chair of the Examinations Committee, University of Nairobi Law School, October 2005 – February 2009.
14. Member, various Senate exams disciplinary committees (since 2004).
15. Member of the School of Law Management Team (since 2004).
16. Co-ordinating and representing the University of Nairobi in negotiations on the proposed collaboration between University of Nairobi Law School, the Vanderbilt University School of Law and the World Intellectual Property Organisation (WIPO) for the establishment of an exchange programme in Intellectual Property between the University of Nairobi Law School and Vanderbilt University School of Law, January 2006.
17. Moderated Kenya Law Students Society (KLSS) debate on the Draft Constitution of Kenya 2005, the subject a referendum scheduled for November 21, 2005; commended by both sides for being fair.
18. Acting Dean: diverse dates, April 2004 – January 29, 2009, University of Nairobi Law School, Nairobi, Kenya.
19. Appointed External Examiner, Strathmore University, Kenya;
20. Acting Chair, Faculty of Law Examinations Committee – reformed and institutionalised exam processing;
11 21. Promoted to Lecturer, Department of Pri vate Law: subjects taught: Intellectual Property, Constitutional Law, Communications Law and Law in Development at under - and post-graduate levels (October 30, 2003- January 26, 2006).
22. Assistant Lecturer, Faculty of Law teaching, also teaching Communications Law as a service course at School of Journalism (SOJ) (resumed after JSD) (August 2003).
23. Resumed duties after successfully pursuing doctoral research at Stanford Law School; appointed to draft reading lists and course outlines for Intellectua l Property (IP) Law, and Law, Science and Technology for the newly Senate -approved thematic LLM courses in these programmes, and to co -draft materials for the core course of Law in Development: August 7, 2003.
24. Faculty ICT Committee, and to the Faculty Academic Programmes and Admissions Committee. (2003-2009).
25. Coordinator or convenor of LLM Programmes in Intellectual Property, and Law Science and Technology.
26. Supervisor of Masters Students doing Masters Theses on Intellectual Property, Constitutionalism, and Information and Communication Technology (ICT).
27. Appointed Assistant Lecturer, University of Nairobi (November 18, 1997- October 30, 2000).
G. ACHIEVEMENTS AS DEAN LAW As the Dean Law since January 29, 2009, I have initiated or overse en the following developments in the School of Law, among others:
1. Established and streamlined processes and systems The Office of the Dean established and restructured management systems in the form of committees for efficient and effective management of the School. These committees include the Postgraduate and Publications Committee, Mentoring and Internship, the ICT Committee, and restructured Examinations and Evaluations Committee, and an empowered Academic Programmes Committee.
2. School academic environment Promoted an environment that is academically friendly that has facilitated teaching and learning at the School, including keeping the library and computer laboratory operational. This has also been key to enhancing research at the School; doctoral re search and colloquia are active.
3. Consultative and collegial management of the School We have the School community in continued consultation for efficient management of the School; student, staff, and other stakeholders actively participate in relevant act ivities and decision-making processes.
12 4. Institutionalizing tradition and change: memory, legacy and the future As Dean Law, I have initiated programmes to institutionalize the rich academic tradition that we have had in the School since it was establ ished in 1970. These include:
i. Initiating the establishment of the School of Law Alumni Chapter.
ii. Initiating the process of documenting the traditions of the School in readiness for the 40th Anniversary of the School in 2010, including strategic planning f or the future.
iii. Facilitating the establishment of The Okoth -Ogendo Land Policy Centre in honour of Prof HWO Okoth-Ogendo, a Co-founder of the UoN Law School, and the Guru of Land Law, and Kenyan and African Constitutionalism, who passed on on April 24, 2009. In addition, the School, under my deanship, shall participate in publications in honour of the Guru.
iv. Ben Sihanya (2009) “Prof HWO Okoth -Ogendo, July 1, 1944 – April 24, 2009: Tribute to the Guru of Land Law and Kenyan and African Constitutionalism,” presented at the funeral and burial services; at www.innovativelawyering.com (this forms a basis for work on Land Law, Natural Resources Law, and Constitutional Reforms in Kenya in memory and as part of th e legacy of Prof Okoth-Ogendo).
H. PUBLICATIONS
H. (i) Articles in refereed journals
1. “Intellectual property and mentoring for innovation and industrialization in Kenya,” University of Nairobi Law Journal , Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and Mr Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law School.
2. “Copyright law in Kenya,” International Review of Intellectual Property and Competition Law, Journal of the Max Planck Institut e for Intellectual Property, Competition and Tax Law, Germany, (in press, 2009) edited by Prof William Cornish, Prof Paul Goldstein et al (refereed).
3. “Kikoy and the commercial exploitation of geographical indications and traditional knowledge in Kenya,” Intellectual Property Index, 2009, Washington D.C., USA (in press, 2009) (refereed).
4. “Intellectual property and mentoring for innovation and industrialization in Kenya,” Law Society of Kenya Journal, Vol. 5, 2009 No. 1, pp. 29-57, eds: Prof Albert
13 Mumma, Dr Elizabeth Muli, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al, Editor-in-Chief: George O. Otieno Ochich (refereed).
5. “Intellectual property for innovation and industrialisation in Kenya, ” Convergence, Vol 4. No. 2. October 2008, pp. 185 -213, Journal of the International Bar Association, London (refereed).
6. “Intellectual property, quality assurance and ISO in Kenyan universities,” Law Society of Kenya Journal, Vol. 4 2008 No. 1, pp. 35-65, eds: Prof Albert Mumma, Dr Elizabeth Muli, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al. Editor-in- Chief: George O. Otieno Ochich (refereed).
7. “Patent law and practice in Kenya,” International Review of Intellectual Property and Competition Law, Volume 38, 6/2007, pg 648–658, Journal of the Max Planck Institute for Intellectual Property, Competition and Tax Law, edited by Prof William Cornish, Prof Paul Goldstein et al (refereed).
8. “Intellectual property and innovation in Kenya: legal and regulatory issues in business incubation,” in Prof Bernard Aduda (ed) Science and Technology Park Development for Sustainable Industrial Growth, Jomo Kenyatta University of Agriculture and Technology, Proceedings of the National Workshop in Commemoration of the Scientific Revival Day of Africa, June 2004, Kenya National Academy of Sciences (KNAS), Nairobi, pp. 41 -58. (refereed).
9. “Intellectual property for innovation and industrialization in Kenya,” in Proceedings of 2006 JKUAT Scientific, Technological and Industrialization Conference, Harnessing Scientific and T echnological Synergies for Innovation and Industrialization, Jomo Kenyatta University of Agriculture and Technology, Nairobi, October 26-27, 2006 (published 2007), pp. 38 -58 (refereed).
10. “Infotainment and cyber law in Africa: regulatory benchmarks f or the 21st Century,” in Vol. 10 No. 2 Transnational Law & Contemporary Problems 583 -640 (Iowa Law College Special Symposium) (refereed).
11. “Regulating education and training in Kenya,” Setting Standards: Education for All EFA News A Newsletter Journal of UNESCO Nairobi Office 2004 Issue VI, p. 10; also translated into French at p.11 (refereed).
12. “Copyright law, teaching and research in Kenya,” revised article submitted to the East African Law Journal, Vol. 2, 2005 (published 2006) (SOJ/EALJ/123/06) (refereed). Advisory Board: Prof H.W.O. Okoth -Ogendo, Prof Patricia Kameri Mbote, Justice Prof J.B. Ojwang.
13. “Kenya’s pyrethrum export under pressure” Biotechnology and Development, Monitor, The Netherlands, p. 11 (refereed).
14 14. “Imitative innovation in the age of bling in Kenya: the case of hip hop music,” (forthcoming) University of Nairobi Law Journal (refereed).
15. “The Constitution and intellectual property” Katiba Notes, 2002 Volume 1, Issue 2 pp. 1- 8 [Institute of Economic Affairs (IEA)].
16. “Technology transfer, intellectual property rights and bio -safety: strategies for implementing the Convention on Biodiversity,” in AgBiotech News and Information, Centre on Agricultural Biotechnology (CAB), London (Vol. 6 No. 3, pp. 53N-60N, 1994) (refereed).
17. Kameri Mbote, P.G. and B.M. Sihanya, (1993) “Intellectual property rights North and South” Media Development Journal of the World Association for Christian Communication (London) Vol. XL, pp. 20-21 (refereed).
18. “Biotechnology and the environment: ethical and intel lectual property rights issues in environmental management,” in University of Nairobi Law Journal No2 (1993), pp. 37-43 (refereed).
19. “The animal rights movement and the quest for environmental management,” University of Nairobi Law Journal No 1, 1991.
H. (ii) Book chapters
1. Sihanya, Ben “Copyright in E-Commerce and Music Industry in Kenya” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya , Konrad- Adeneur-Stiftung, Nairobi, pp. 133-176 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.
2. Sihanya, Ben “Combating Counterfeit Trade in Kenya” in Prof Moni Wekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya , Konrad-Adeneur- Stiftung, Nairobi, pp 207-266 (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.
3. Sihanya, Ben and Duncan Okello (2009) “Constitutional Politics of the Mediation Process and the Outcomes” (forthcoming 2009) in Dr Karuti Kanyinga and Duncan Okello (eds) Election 2007 Democratic Gains and Gaps , Institute of Development Studies (IDS), University of Nairobi, and the Society for International Development (SID) Eastern & Central Africa, Nairobi (peer reviewed).
4. Sihanya, Ben (2008) “The IMF and policy making in Kenya,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya , Action Aid International Kenya, Nairobi, Part III, pp. 45-64 (peer reviewed).
5. Sihanya, Ben (2008) “How IMF policies constrain policy space in Kenya’s health sector,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and
15 Women’s Rights in Kenya, Action Aid International Kenya, Nairobi, Part IV, pp. 65- 95 (peer reviewed).
6. Sihanya, Ben (2008) “How IMF policies constrain policy space in Kenya’s education sector,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi, Par t V, pp. 95- 122 (peer reviewed).
7. Ben Sihanya with Prof James Otieno-Odek, “Regulating and mainstreaming ICT in Kenya for socio-economic and cultural development,” in Dr George Outa, Eric Aligula, Florence Etta (eds) Mainstreaming ICT in Kenya: Research Perspectives from Kenya, IDRC and Mvule Africa (peer reviewed).
8. “Patents, parallel importation and compulsory licensing of HIV/AIDS drugs in Kenya,” study under the auspices of the World Trade Organisation (WTO) and Adelaide University, a Chapter in Peter Gallagher, Patrick Low, and Andrew L. Stoler (eds) Managing the Challenges of WTO Participation , Cambridge University Press, London (2005) (peer reviewed).
9. “Reforming the Kenyan Judiciary, 1998 -2003,” in B. Sihanya & P. Kichana (eds) Judicial Reform in Kenya, 1998-2003 ICJ, Nairobi (2004) (peer reviewed).
10. “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers in the cyber society,” Chapter 19 in Prof Thomas Wilhemsson, et al (eds.) (2001) Consumer Law in the Information Society Kluwer Law International, London; pp. 329-364; peer reviewed by International Association of Consumer Law (IACL) members – Consumer Law experts in five continents and other experts (peer reviewed).
11. “Implementing the Model Law for Consumer Protection in Africa,” in Prof Sothi S. Rachagan (ed.) Consumer Protection in the WTO Era International Association of Consumer Law (IACL), Universite Catholique de Louvain -La-Neuve, Belgium (1999): peer reviewed by IACL members - Consumer law professors in five continents and other experts (peer reviewed).
12. “Regulating Internet business in Kenya,” Chapter in Prof H. R. Mgombelo & Mr M.C.M. Werner (eds.) (1997) Telecommunications for Business in Africa IOS Press, Amsterdam, pp.125-42 (peer reviewed).
13. Dr Calestous Juma & Ben Sihanya (1993) “Policy options for scientific and technological capacity building,” in Dr W. V. Reid, et al. (eds.) Biodiversity Prospecting: Using Genetic Resources for Sustainable Development World Resources Institute (WRI), et al. Washington, DC, pp.199-221 (peer reviewed).
16 H. (iii) Books edited
1. Prof Moni Wekesa and Dr Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi (peer reviewed). Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairob i.
2. Sihanya, Ben (ed) (2008) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi (peer reviewed).
3. Priscilla Kanyua, Philip Kichana & Ben Sihanya (eds) (2004) Constitutional Cases Digest Kenyan Section the International Commission of Jurists (ICJ), Nairobi (peer reviewed).
4. Judicial Reform in Kenya, 1998-2003, Kenyan Section of the International Commission of Jurists (ICJ), Nairobi (April 2004)
5. Combating Corruption in Kenya CLARION, Claripress, Nairobi, published, 2005 (includes articles by University of Nairobi lecturers Dr Ludeki Chweya; Mr S. Kichamu Akivaga...); peer reviewed by Dr Winnie Mitullah, etc.
6. Dr Adams Oloo & Dr Ben Sihanya (eds) The Kenyan Electoral Law and Process (forthcoming)
H. (iv) Books and monographs (See also Work in Progress: Professorial Research Agenda)
1. Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy of Transnational Intellectual Property (due 2010); doctoral dissertation, Stanford Law School (being converted into a book).
2. Intellectual Property and Innovation in Kenya and Africa: Transferring Technology for Sustainable Development (being edited, due 2010)
3. Integrating Innovation and Intellectual Property into th e Kenya Constitution study and presentation prepared pursuant to the constitutional review process under the auspices of the Constitution of Kenya Review Commission (CKRC) (22/3/2002); peer reviewed at Institute of Economic Aff airs (IEA); being used by North western University Students (USA) (peer reviewed).
4. How can we constitutionalize innovation, technology and intellectual property in Kenya? African Technology Policy Studies (ATPS) Technology Brief No. 2 (Nairobi) (February 2002); peer reviewed by ATP S (Dr Osita Ogbu, etc.) being used to teach MSc and BA/BSc innovation classes at Jomo Kenyatta University of Agriculture and Technology (JKUAT) and Kenyatta University (KU), by Prof Henry Bwisa and Prof. G. Msangi, respectively (peer reviewed).
17 5. Sihanya, Ben (ed) (2008) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi (peer reviewed).
6. Sihanya, Ben (2008) Evaluation of the Automation of the Kenya Industrial Property Office: Impact, Challenges and Opportunities, World Intellectual Property Organisation (WIPO), Geneva (peer reviewed).
7. Vicky Kattambo & Ben Sihanya Social Security Law in Kenya Monograph in Kluwer Law International’s International Encyclopaedia of Laws , Kluwer, The Hague (Jan. 1999) (peer reviewed).
8. The State of Consumer Law in Kenya Public Law Institute (PLI), Nairobi (addresses IP, telecoms law, trade and investment) (1997); peer reviewed by Mr E.M Ndiritu Senior Lecturer, University of Nairobi Law School, Dr Oki Ooko-Ombaka, SJD (PhD) (Harvard) and Director PLI; Class text book used by Mr Yash Vyas in Consumer Protection class, University of Nairobi Law School (peer reviewed).
9. Model Law for Consumer Protection in Africa Led six researchers in drafting and presenting the Model Law to African Consumer Leaders Conference, Harare, Zimbabwe (April 28-May 2, 1996). Peer reviewed and published as such by Consumers International Regional Office for Africa (CI -ROAF); also published by the United Nations, New York (peer reviewed).
10. Protecting Refugee Rights in Kenya International Commission of Jurists (Kenya Section) (1998) (peer reviewed).
11. Draft Media Bill, 1998 for Friedrich Ebert Stiftung and Kenya Union of Journalists on communications and the media; Presented to the Nati onal Task Force on Media Law (April 1998) (peer reviewed).
12. Draft Model Competition Law for Africa Prepared for Consumers International Regional Office for Africa (CI-ROAF), Harare, Zimbabwe (1997).
13. Dr Calestous Juma & Ben Sihanya (1989) Towards Industrial Property Protection in Kenya: Policy Options and Strategic Approaches Policy Paper for National Council for Science and Technology (NCST); it constituted the basis for the Industrial Property Act, 1989 and 2001, which make provision for promoting the social, innovator and consumer interests in technology; peer reviewed by Prof JB Ojwang, Dr Ben Majisu, etc.
14. Promoting and protecting technology in Kenya Rapporteur’s Report for NCST seminar on the Industrial Property Act, 1989 (December 1989), peer reviewed by Dr Ben Majisu, etc.
18 15. Kenyan Elections, 1997: An Assessment of the Functioning of the Multiparty Political System in Kenya: The Constitutional, Legal, Political and Administrative Impediments and Prospects Study prepared for and published by ICJ (Ken ya Chapter (December1997); peer reviewed.
16. Ben M. Sihanya, with Moses Kakoi, and W. Ngaira, Draft Cultural Policy for the Republic of Kenya Policy paper prepared for the Ministry of Culture and Social Services under the auspices of the African centre for Technology Studies (ACTS), Nairobi, 1992.
17. Dr Calestous Juma, Prof JB Ojwang, and BM Sihanya Public Policy Management in Kenya: Long-term Strategic Approaches Monograph Prepared for the United Nations Development Programme (UNDP), Nairobi, 1992.
18. Regulatory Regimes Governing NGOs in Kenya Monograph for the Database Project on NGO Laws and Regulations conducted by the International Center for Not-for profit Laws (ICNL) and the World Bank, Washington, DC. It was also one of the background reports for the Joha nnesburg Conference on An Enabling Environment for Civil Society (September 16 -20, 1996); peer reviewed by Prof Karla Simon of ICNL & Columbus University, Dr Edward A. Yansah of Oxford University, etc.
19. Ann Kyalo and BM Sihanya (1993) Three Legal education and legal awareness booklets in English and Kiswahili on The Kenyan Legal System, The Law of Marriage, and The Law of Succession, commissioned and published by the British High Commission, Nairobi; peer reviewed by Dr Oki Ooko-Ombaka, JSD (Harvard), etc.
H. (v) Articles in peer reviewed magazines, newsletters and newspapers
1. Dr Ben Sihanya and Dr George Odera Outta (2009) “US ban justified under changing diplomacy trend” Sunday Review, Sunday Nation Newspaper, November 1, 2009, p. 26.
2.“Is there political will towards achieving agenda four…?” Adili Magazine, Transparency International, March 2009 (peer reviewed).
3. “Kikoi and the commercial exploitation of geographical indications and traditional knowledge in Kenya,” Law Society of Kenya (LSK) Magazine, The Advocate (peer reviewed).
4. “Negotiating intellectual property in Seattle and beyond: strategies for protecting Southern trade and development interests,” Working paper presented at the Southern Seminar for the WTO Millennium Round, MS -Training Centre for Dev. Co-operation (MS-TCDC), Arusha, Tanzania, October 18 -22, 1999; revised and published in EcoNews Africa, Oct. 1999, pp. 6-8.
19 5. “The [Kenya] Communications bill and the media,” Economic Review (Nairobi) May 12-18, 1997, pp. 16-17.
6. “Lecturers await pay boom – or gloom, “Opinion: University Crisis: Daily Nation (Nairobi), Friday, February 20, 2004, at 9.
7. “Lecturers’ strike: the options available,” Opinion: Higher Education: Daily Nation (Nairobi), Thursday, January 16, 2004, at 9.
8. “Saitoti’s Forum has no legal mandate,” Opinion: Lecturers’ Strike: Daily Nation (Nairobi), Thursday, January 8, 2004, at 9 .
9. “How best should govt repossess public land?” Opinion: Demolished Hopes, solicited report for Daily Nation (Nairobi), Tuesday, Dec 23, 2003, at 9.
10. “Patent wars raging over Aids cure,” Opinion: Pandemic, Daily Nation (Nairobi), Wednesday, Dec 17, 2003, at 9.
11. “Legal points ignored in lecturers’ strike,” Opinion: Trade Dispute, Daily Nation (Nairobi), Tuesday Dec 9, 2003, at 9.
12. “How to curtail the brain drain affecting Kenyan universities,” News Analysis, solicited report for Sunday Nation (Nairobi), Nov 16, 2003, at 6-7.
13. “Sustainable democracy and institutional development in Kenya: An assessment of the [ICJ] Mombasa Seminar,” Rapporteur’s critique of the ICJ (Kenya Chapter) Seminar on Freedom of Expression, Assembly and Association, Safari Beach Hotel, Mombasa, May 6-10, 1992. Published in Kenya Jurist, Journal of the ICJ (Kenya Chapter) Vol. 1, No. 3, June, pp. 22-25.
14. “Convention signed at critical time,” Innovation A magazine of Technology and Sustainable Development Vol.2 No. 3 September 1992 , African Centre for Technology studies (ACTS) September 1992, p.7.
15. “Environmental concern grips world community” Daily Nation (Nairobi) December 12, 1992.
16. “For the people by the people,” article on development, Weekend Mail (Nairobi) October 9, 1992.
17. Sihanya, B.M with K.E. Sihanya, (February, 1990) “Invention and innovativeness: Kenya’s copyright and patent laws,” Sheria Issue No. 2 (A student’s law magazine). 18. “A boost for local research,” Industrial Review (Nairobi) (January 1990).
19. “Industrial Property Law: sweet relief,” Industrial Review (Nairobi) (January 1990).
20 19. “Law, religion and politics: is the alliance sustainable?” Sheria, Issue No. 1 (August 1989) (A student’s law magazine).
H. (vi) Book Reviews
1. “Concepts of jurisprudence,” review of Dr RS Bhalla’s Concepts of Jurisprudence, Nairobi University Press, 1990, in The Advocate Journal of the Law Society of Kenya, Vol. 2, No. 4, p. 11 (June 1993).
2. Review of Biotechnology and Farmers’ Rights: Opportunities and Threats for Small Scale Farmers in Developing Countries by Hans Brouwer, Eric Stokhof and Joske F.G. Bunders (eds.), VU University Press, Amsterdam, 1992, in EcoNews Africa, Circular on Environment and Development (Nairobi) Vol.2 No. 8 May 13, 1993.
3. B.M. Sihanya with H. Owino-Opondo (1992) “Odinga’s double view of Kenyatta,” review of Prof. H. Odera Oruka’s Oginga Odinga: His Philosophy and Beliefs in Weekend Mail (Nairobi), August 21, p. 4.
4. “Let’s take charge of our resources” (1992) Book review of Dr Calestus Juma and Prof J.B. Ojwang’s Technology transfer and sustainable development African Centre for Technology Studies (ACTS) Nairobi (1992), in Weekend Mail (Nairobi) September 18.
5. “Liberty and limitations: a critical look at the party question and government accountability,” review of Prof JB Ojwang’s (1990) Constitutional Development in Kenya: Institutional Adaptation and Social Change Acts, Nairobi, in Weekly Review (Nairobi), August 31, 1990.
6. “Championing their cause,” Book review of Mary A. Mbeo and Dr Oki Ooko - Ombaka’s (eds) (1989) Women and Law in Kenya Public Law Institute, Nairobi, in Industrial Review (Nairobi), May 1990.
I. DISCUSSION PAPERS, CONFERENCE PAPERS AND RELATED RESEARCHES (INCLUDING REPORTS)
1. “Reconstructing the Kenyan Constitution and State: lessons from German and American constitutionalism,” Presentation at the 60 Years of German Constitutionalism – Constitutional Debate in Kenya, Organized by th e German Academic Exchange Service (DAAD) Regional Office for Africa, at the University of Nairobi, Main Campus, Kenya, October 22, 2009.
2. “Cyber-regulatory co-ordination in East Africa: the Kenyan case,” Paper presented at the East African Internet Governance Forum, Jacaranda Hotel, Nairobi, September 8, 2009.
21 3. “Legal processes and procedures in Kenya: an audit on women’s position,” paper presented at the African Women’s Study Centre Conference of the University of Nairobi, National Consultative Meeting, August 28, 2009.
4. “Kenyan and African constitutionalism in the emerging Obama doctrine: Implications on governance, ” Presentation at discussion the Impact of President Barack Obama’s Speech in Ghana on Africa, organized by the US Embassy, at the Intercontinental Hotel, Nairobi July 11, 2009.
5. “The Procurement Act: history, challenges and opportunities,” Presentation to the University of Nairobi Enterprise Services (UNES) and the Public Procurement Oversight Advisory Board (PPOAB), June 3, 2009.
6. “Mentorship in the legal profession: the role of the pupil master ,” training for Council of Legal Education (CLE) and the Kenya School of Law, Eldoret, May 15, 2009, training of pupil masters (advocates) and pupils.
7. “Impact of IMF Policies on the Right and Acces s to Education and Impact of IMF Policies on the Right to Health,” training on Economic literacy training conducted under the auspices of Action Aid Kenya, 16 -19 February 2009, Wida Highway Motel, Nairobi.
8. Trainer on “Impact of IMF Policies on the Right and Access to Education and Impact of IMF Policies on the Right to Health,” training on Economic literacy training conducted under the auspices of Action Aid Kenya, 23-27 March 2009, Roasters Hotel, Nairobi.
9. “Business modernization of IP institutions in Kenya and Africa: use of information technology in IP management,” presentation at the Inter -regional forum on Development and Service oriented IP administration held at the World Intellectual Property Organisation (WIPO) headquarters in Geneva, July 1 -2nd, 2008.
10. “Democratizing the electoral process,” Presentation at the Law Society of Kenya Conference, 27th -30th August 2008, Leisure Lodge Resort, Mombasa.
11. “Copyright for non-fiction authors” A presentation for the Kenya Non -Fiction Authors Association (KENFAA), January 26, 2008, Kenya National Theatre, Nairobi.
12. “Intellectual property and quality assurance in Kenyan universities,” a paper presented at the 2nd International Conference on Quality Assurance in Higher Education organised by the United Nation s Education, Scientific and Cultural Organisation (UNESCO), Zimbabwe Cluster Office, in Dar es Salaam, Tanzania, September 17-19, 2007.
22 13. “Intellectual property and e-learning in Kenya,” Paper presented at the 2 nd International Conference on ICT for Develo pment, Education and Training, Safari Park Hotel, Nairobi, May 28-30, 2007.
14. “Intellectual property in business and development in Kenya,” presentation at workshop on Anti-Counterfeiting and Intellectual Property Strategies in Kenya, September 19–20, 2006.
15. Freedom of Expression and Access to Information in Kenya” a presentation at a Workshop on the Freedom of Expression of the Media organised by the International Commission of Jurists-Kenya at Sports Man Hotel in Nanyuki, May 13 th 2006.
16. “Copyright and related rights and its economic potential to performing artists” paper presented to the Training Workshop for Performing Artists organised by the Kenya Copyright Board and the Society for Performing Artists of Kenya (SPAK), The Kenya National Theatre, Nairobi, April 20, 2006.
17. “Inequalities in human rights, constitutionalism and legal practices: What are the key issues and how can policy respond?,” A discussion paper presented to the workshop on Sectoral Dialogues on Inequality: Perspectives from Legal, Con stitutional and Governance Dimensions, Workshop organised by the Society for International Development (SID), Hotel Inter-Continental, Nairobi, April 18, 2006.
18. “Intellectual Property and Innovation in Kenya: Legal and Regulatory Issues in Business Incubation,” a paper presented to the National Workshop in Commemoration of the Scientific Revival Day of Africa, organised by the Kenya National Academy of Sciences, June 2004 .
19. Dr Ben Sihanya & Dr Osita Ogbu, On technology transfer: TRIPS leaves Africa in the cold study under African Technology Policy Studies Network (ATPS) Technology Brief (Nairobi) (December 2003).
20. “Regulating education and training in Kenya: production and distribution of teaching and learning materials, intellectual property, ICT and gover nance,” A discussant’s perspective on “The legal framework of education in Kenya” (A presentation by Prof HWO Okoth-Ogendo), Presentation at the National Conference on Education and Training: Meeting the challenges for Education Training in Kenya in the 21 st century, Kenyatta International Conference Centre (KICC), November 27 -29, 2003.
21. “Policy-making and law-making in ICT and intellectual property in Kenya,” and “Intellectual property in the context of ICT in Kenya;” presentations at the training workshop of Kenya Civil Society World Summit on Information Society (WSIS) Caucus (Arid Lands Information Network (EA)), Kenya School of Monetary Studies, Nairobi, Nov 17, 2003.
23 22. TRIPs and Access to Drugs, Food and the Relevant Technologies in Kenya: Reforming Intellectual Property and Trade Laws for Sustainable D evelopment, Published Research Report for EcoNews Africa, Nairobi, on addressing the impact on Kenya of the intellectual property regime under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), 2003.
23. “Law reform and legislative drafting in Kenya in comparative context: institutional synergies and capacity building at Kenya Law Reform Commission (KLRC) and A - G’s Chambers,” Working paper presented at the Kenya Law Reform Commiss ion Strategic Planning Workshop, Whitesands, Mombasa, January 29 -30, 2004.
24. “Open sources and access to software and cyberspace in Kenya,” Paper presented at the Stanford-UC Berkeley (April 2001) Conference on Democratization in Africa.
25. “Copyright’s fortunes: brought from Britain, copied for Kenya,” Coursework essay under Prof. Paul Goldstein; obtained distinction; work in progress.
26. “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers in the cybersociety,” Presen tation at International Association of Consumer Law (IACL) Conference, Helsinki (May 1999).
27. “Negotiating royalties between breeders and seed merchants in Kenya: strategic considerations,” Working paper presented at the Seed Trade Association of Kenya (STAK) Workshop, Serena Hotel, Nairobi, January 21, 2000.
28. “ICT regulation in Kenya: a personal testament” (forthcoming), contribution to the IDRC-coordinated book on ICT development in Kenya: history and personal experiences.
29. Harmonization of the Legal Framework on Education, Training and Research. Vice Chair, and Member of the National Task Force on the Review and Harmonisation on Education, Training and Research Law in Kenya, January 2006 –November 2008 (Appointed by Prof George Saitoti, the Minister of Education, Science and Technology).
30. Legislative Reforms for Electronic Transactions in Kenya: Policy and Strategic Options report presented to the Office of the President, Directorate of e -Government and the United Nations Development Programme (UNDP) on February 8, 2007, following the stakeholders workshop on e -transactions held at the Whitesands Hotel, Mombasa, 13th -16th December 2006.
31. National Economic and Social Council Bill, 2003 ; draft Bill for the Ministry of Planning and National Development, spo nsored by the UN Development Programme (September 2003)
24 32. “The state of musical copyright in Kenya and proposals for rewarding musicians” Consultancy report for the Media Company/Action for Music, Nairobi, January 24, 2002.
33. “Integrating technology transfer under TRIPs for Africa’s development,” study for African Technology Policy Studies (ATPS) network (Oct. 2001).
34. “Innovation, technology transfer and intellectual property: making the link in constitutional engineering in Kenya,” Study for African Technolo gy Policy Studies (ATPS) network, Nairobi (October 2001).
35. “Innovation, technology transfer and IP: the missing link in Constitution making in Kenya,” Speech at the Rotary Club of Milimani (Nairobi) lunch (September 2001).
36. “Making TRIPs work for Kenya’s d evelopment,” Speech at the Institute of Economic Affairs (IEA) public forum, Nairobi (August 15 th, 2001).
37. “Litigating Y2K insurance problems in Kenya: legal liability for the millennium challenge,” Working paper presented at the British Council’s BICA -Kenya Conference on the Kenyan Information Society at Nairobi Safari Club (October 13 - 14, 1999).
38. “Benefit sharing and royalty computation within plant breeders rights (PBRs): strategies for intellectual property valuation in Kenya,” Working paper presented a t the Kenya Plant Breeders Association Workshop, Kenya Plant Health Inspectorate Services (KEPHIS), Offices, Nairobi, October 7, 1999.
39. “Enhancing consumer participation and representation in Africa,” Paper presented at the 44th Annual Conference of the American Council on Consumer Interest (ACCI), Georgetown University Law Center, Washington, DC (March 1998).
40. Evaluation of the Automation of the Kenya Industrial Property Office: Impact, Challenges and Opportunities, presented to the World Intellectual Prop erty Organisation (WIPO), Geneva and the Kenya Intellectual Property Institute (KIPI).
41. Y2K Legal Guidelines for Kenya; and Elements of Kenya’s Policy on Y2K Report to the national Y2K Steering Committee and National Y2K Co -ordination Centre, Nairobi (November-December 1999). (Published as a special issue of the Government of Kenya’s Gazette)
42. The Y2K Bill, 1999 Draft Bill prepared under the auspices of the National Y2K Steering Committee and the National Y2K Co -ordination Centre, Nairobi (Nov.-Dec. 1999)
43. The Copyright Bill, 1999: Some Comments and Proposals Solicited comments to the Office of the Attorney General, Nairobi (November 1999).
25 44. “Intellectual property teaching in the IT age in Kenya: a personal testament,” Working paper presented at the WIPO IP Teaching Workshop, Abuja, Nigeria (September 9-10, 1999).
45. “Developing IT law in Kenya: intellectual property perspectives,” Paper presented at the Institute of Nuclear Science Workshop on IT, Nairobi, August 17, 1999.
46. Regulating Internet Services in Tanzania and Regulating Payphone Services in Tanzania Consultancy reports for Tanzania Communications Commission, Dar es Salaam (Jan. 1999).
47. Establishing Nestlé’s liaison office in Tanzania and the Status of Nestle East Africa Ltd.: a legal opinion An investment opinion for Nestle Foods (K) Ltd. (October 1998).
48. “Apportioning legal liability and litigating the Y2K problem in Kenya” Working paper presented at the University of Nairobi’s Institute of Nuclear Science Workshop on the Y2K Problem (June 1998).
49. “Strategies for strengthening consumer protection in E. Africa,” Commentary on proposed Uganda Consumer Protection Bill for Uganda Consumer Protection Association (UCPA); and addressed stakeholders workshop on the same (Oct. 1997 - Feb. 1998).
50. “Intellectual property in Kenya: perspectives on Internet and software innovations,” Consultancy report for Telecom Forum Africa Ltd. (TFA), Nairobi and the Netherlands (1997).
51. “Implications of the Kenya Communications Bill, 1997 for the Media,” Paper presented at the Friedrich Ebert Stiftung’s (FES) Workshop on Media and the Law: Informing the Law Making Process, Fairview Hotel, Nairobi (May 5, 1997).
52. B. Sihanya & L. Mute (1997) Community Broadcasting in Kenya : Policy and Strategic Considerations Consultancy Report for the Kenya Community Media Network (KCOMNET), Nairobi, April.
53. B. Sihanya & L. Mute (1997) Draft Community Broadcasting Bill Draft Sample Bill for KCOMNET, Nairobi, April.
54. L. Mute & B. Sihanya (1997) Code of Conduct for Community Broadcasting Sample Code of Conduct for KCOMNET, Nairobi, April; Presented (with Lawrence Mute) the policy document, Code of Conduct, and the Bill on Community Broadcasting to the national Task Force on Media Law (prepared as consultancy reports for KCOMNET) (April 24, 1997).
26 55. “The Draft Telecoms Act, 1996: Critical issues in regulatory policy,” Consultancy report for Africa Online, Inc., Boston (US) and Nairobi (Oct. 1996).
56. “Efficient regulation of the Internet in Kenya,” Consultancy report for Africa Online, Nairobi and Boston, US (June 1996).
57. “Financial sector reforms under SAPs in Kenya: the case of capital accumulation and investment regulation,” Research paper submitted to the LLM Programme, University of Warwick (UK), 1995.
58. “Pornography in the Internet: addressi ng regulatory dilemmas in Kenya,” Consultancy report for Africa Online Inc., Boston (US) and Nairobi (May 1996)
59. “Africa Online, KP&TC and Internet regulation in Kenya,” Consultancy report for Africa Online, Inc., Boston, US and Nairobi. (April 1996).
60. “Technological convergence and regulatory dilemmas in Kenya: the case of multimedia systems in development,” Paper presented at the First National Conference on IT, KICC, Nairobi, November 29 -December 1 (1995).
61. “Technology transfer in the development process in Kenya: issues in regulation and competition law,” LLM research paper for the University of Warwick (1995) ; obtained distinction under Dr Andy Clark.
62. “Developments in international environmental law: Towards a convention to combat desertification,” Presentation at the EcoNews Africa/Climate Network Africa Workshop of Networking and People’s Empowerment through Information in East Africa (August, 1993), Kolping Guest House, Nairobi.
63. “The legal status and regulation of NGOs in Kenya” (1991) Consultancy paper presented at the Action Aid (Kenya) conference on Rural Reconstruction at Kiboswa, Kenya, November 11-15 (an earlier version of the paper was read at the Kenya Professional Business Women’s Seminar in Nairobi by Ms Anne Kyalo).
64. “Human rights in Kenya: constraints and prospects” (1991) Paper read (by Ms Anne Kyalo) at the Commonwealth Human Rights Conference, Harare, Zimbabwe, October 10 -14.
65. “Publishing agreements and copyright law,” Seminar presentation to African Centre for Technology Studies (ACTS)/Initiatives Limited Staff (October, 1990)
66. “Environmental safety and occupational health in biotechnology research and development in Kenya: policy, legal and institutional issues ,” Policy paper for the African Centre for Technology Studies (ACTS), Ju ly/August 1991.
27 67. “Environmental ethics,” Policy Outlook Paper for the African Centre for Technology Studies (ACTS) (October 1990).
J. LAWYERING AND ADVOCACY
1. December 2006-: Acted for Universities Academic Staff Union (UASU) in the case Universities Academic Staff Union v. Inter-Public Universities Councils’ Consultative Forum (IPUCCF), this was an industrial action to secure improvement in the terms and conditions of public lecturers.
2. April 2005-: Gave expert opinion to court in the case of R. v. Joseph Munga on copyright infringement by digitization. The accused was acquitted. Kaplan & Stratton Advocates advised the prosecution.
3. July/August 2004-: Litigated Gumbe & Mumbi Ng’aru (LDP) v. President Kibaki, Ngilu (DP, NARC…) regarding the management of the ruling NARC coalition; suing the Chair of the coalition (who is a sitting President) …. Before Nyamu J.
4. February 2004: Consulted for National Rainbow Coalition (NARC), Kenya’s ruling coalition, on coalition building and constitutional process (Nanyuki II).
5. November 2003-: Acted for Universities Academic Staff Union (UASU) in executing an industrial action to secure improvement in the terms and conditions of public lecturers; also acted for UASU in labour and related matters to secure professionalism in university education, training and research.
6. Consulted for African Population Health and Research Centre (APHRC) on intellectual property law, contract and labour matters.
K. HONOURS AND AWARDS
1. Selected as one of the Top 100 Educators, 2009, published by the International Biographical Centre (IBC), Cambridge, England, July 2009.
2. Selected as one of the 2000 Outstanding Intellectuals of the 21 st Century, 2009/2010, published by the International Biographical Centre (IBC), Cambridge, England.
3. Profiled in the Who’s Who in the World, 26th edition, 2009, Marquis Who’s Who, New Jersey, USA.
4. Commendation by the Institute of Certified Public Secretaries of Kenya (ICPSK) for contributing to the advancement and development of the company secreta rial profession in Kenya, April 7, 2006.
5. Citation for excellent and diligent editing and facilitation at the launch and dissemination workshop organised by the Centre for Law and Research International
28 (CLARION) to launch the book entitled Control of Corruption in Kenya: Legal and Political Dimensions, 2001-2004 (April 29, 2005).
6. Citation for outstanding commitment to the betterment of the Law Society of Kenya (LSK) (March 19, 2005).
7. Citation for being a member of the ICJ -Kenya, in good standing, and for consistency and commitment to Human Rights, Democracy and the Rule of Law, November 27, 2004.
8. Best Lecturer – voted by Kenya Law Students Society (KLSS), University of Nairobi Law School, July 2, 2004
9. Fulbright Scholar: 2000-2003 (Stanford); doctoral studies in copyright and cultural creativity.
10. Gerald J. Lieberman Fellowship for excellence in research and teaching, 2000 -2001 (at Stanford Law School).
11. Overseas Development Association Shared Scholarship Scheme (ODASSS) (1994/5) Warwick University Scholarship (1994/5) .
L. ACADEMIC PRESENTATIONS AND PROFESSIONAL TRAINING CONDUCTED
1. Adjunct Professor of International Intellectual Property Law and Comparative Constitutional Law, Widener University, US/Nairobi In ternational Law Institute, (a programme of Widener University and University of Namibia) 2005 and 2009-
2. Taught African regional experiences on Trade Related Aspects of Intellectual Property (TRIPs), University of Swaziland, Trade Policy Training Programme, July 16-17, 2009.
3. Taught Comparative Constitutional Law under the Nairobi International Law Institute (of the University of Nairobi and Widener University, USA), June – July 2009.
4. Panelist on the Implications of US President Barack Obama’s speech and policy statement of July 11, 2009 in Ghana, on Kenya and Africa generally, under the auspices of the US Embassy, Hotel Intercontinental, Nairobi; July 11.
5. Consultations among and Training of Trainers at a WTO Workshop and Training on Regional Trade Policy Course (RTPC) for Engl ish Speaking African Countries held at WTO Headquarters, Geneva, Switzerland on June 16–18, 2009.
29 6. “Legislative reforms for increasing access to knowledge,” paper presented at the National Stakeholders Workshop on Copyright Exceptions and Limitations for Education and Research Environments, under the University of Witwatersrand and Centre for Public Interest Law (CEPIL), Accra, Ghana, July 1, 2009.
7. “Copyright exceptions and limitations: an introduction,” paper presented at the National Stakeholders Workshop on Copyright Exceptions and Limitations for Education and Research Environments, under the University of Witwatersrand and Innovative Lawyering, Nairobi, Kenya, May 22, 2009.
8. “Impact of IMF Policies on the Right and Access to Education,” Economic liter acy training conducted under the auspices of Action Aid Kenya, Wida Highway Hotel, Nairobi, February 16-19, 2009.
9. “Impact of IMF Policies on the Right and Access to Health,” Economic literacy training conducted under the auspices of Action Aid Kenya, Wida Highway Hotel, Nairobi, February 16-19, 2009.
10. “Impact of IMF Policies on the Right and Access to Education,” Economic literacy training conducted under the auspices of Action Aid Kenya, Roasters Hotel, Nairobi, March 23-27, 2009.
11. “Impact of IMF Policies on the Right and Access to Health,” Economic literacy training conducted under the auspices of Action Aid Kenya, Roasters Hotel, Nairobi, March 23-27, 2009.
12. Trainer on Intellectual Property and Trademark Law to Kenya Revenue Authority officials under the auspices of the International Development Law Organisation (IDLO), October 28-29, 2008, Nairobi.
13. “Democratizing the Kenyan electoral process,” Presentation at the Law Society of Kenya Annual Conference, Mombasa, 27 -30 August, 2008.
14. “Business modernization of IP institutions in Kenya and Africa: use of information technology in IP management,” presentation at the Inter -regional forum on Development and Service oriented IP administration held at the World Intellectual Property Organisation (WIPO) headqu arters, Geneva, July 1-2, 2008.
15. “Copyright for non-fiction authors,” a presentation for the Kenya Non -Fiction Authors Association (KENFAA), January 26, 2008.
16. “Intellectual property and quality assurance in Kenyan universities,” a paper presented at the 2nd International Conference on Quality Assurance in Higher Education organised by the United Nations Education, Scientific and Cultural Organisation (UNESCO), Zimbabwe Cluster Office, in Dar es Salaam, Tanzania, on September 17-19, 2007.
30 17. “Intellectual Property and E-learning in Kenya,” paper presented at the 2nd International Conference on ICT for Development, Education and Training, Safari Park Hotel, Nairobi, May 28-30, 2007.
18. Trainer or Tutor of Government officials on the World Trade Organization’s (WTO’s) Programme on Online Introduction Course on WTO and its Basic Principles for English-Speaking African Region (February 12 – March 31, 2007).
19. “Copyright and related rights and its economic potential to performing artists,” paper presented to the Training workshop for performing artists organized by the Kenya Copyright Board and the Society for Performing Artists of Kenya (SPAK), The Kenya National Theatre, April 20, 2006.
20. “Intellectual property, innovation and governance,” presentation to the Raoul Wallenberg Institute of Human Rights and Humanitarian Law Seminar for alumni (Africa) of the Masters Programmes at RWI (1993 -2004), Panafric Hotel, Nairobi, October 2-6, 2006. 21. “Intellectual Property in business and development in Kenya,” presentation at workshop on Anti-Counterfeiting and Intellectual Property Strategies in Kenya on September 19–20, 2006.
22. Trainer or Tutor of Government officials on the World Trade Organization’s (WTO’s) Programme on Online Introduction Course on WTO and its Basic Principles for English-Speaking African Region, September 4 - October 13, 2006.
23. Trained on African regional experiences on Trade Related Aspects of Intellectual Property (TRIPs), University of Namibia, WTO/UNAMI Regional Trade Policy Training Programme, August 2006.
24. “Foundations of Democracy,” paper presented at the Workshop on Foundations of Democracy, organised by the e-Democracy Journal of the USA, at US Embassy at, Nairobi June 13, 2006.
25. Training teachers and employees of Kenya Institute of Mass Communica tion (KIMC) on freedom of expression and Media Law, including on curriculum development, under the auspices of the Kenya National Commission on Human Rights (KNCHR), August 2005.
26. “Draft University of Nairobi Intellectual Property and Technology Transfer P olicy: A Clause-by-clause Critique,” presentation to the University of Nairobi Management and staff, College of Agriculture and Veterinary Sciences (CAVS), Upper Kabete Campus.
27. Intellectual property in society and in the market place: training of members of (University Law School) Students for Free Enterprise (SIFE), April 28, 2005.
31 28. “Copyright for librarians in the Internet age,” training for librarians and documentalists on Kenyan, American and international copyright under the auspices of the US Embassy (September 8, 2004).
29. “Policy-making and law-making in ICT and intellectual property in Kenya,” and “Intellectual property in the context of ICT in Kenya;” presentations at the training workshop of Kenya Civil Society World Summit on Information Society (WSIS) Caucus (Arid Lands Information Network (EA), Kenya School of Monetary Studies, Nairobi, Nov 17, 2003.
30. “Copyright enforcement in Kenya,” Presentation at workshop to train Government officials organised by Attorney General’s Chambers, Action for Musi c, & Int. Fed. for Phonographic Industry (IFPI), Nov. 14 -16, 2002.
31. “Strengthening copyright administration in Kenya: the case for a Copyright Tribunal,” Report of a Stakeholders ’ Copyright Conference organized by the Attorney General’s Chambers, October 4, 2002.
M. GOVERNMENT OF KENYA: LEGAL CONSULTANT (1989 -) (See also N below)
1. Chair to the Competent Authority (The Copyright Tribunal) vide Gazette Notice No. 6385 of June 26, 2009. This is a quasi-judicial body that hears appeals from the Kenya Copyright Board; appointed by the Attorney-General, Hon S. Amos Wako, to establish the Copyright Tribunal.
2. Consultant, Ministry of Trade, Kenya European Union Post Lome Trade Negotiations (KEPLOTRADE II), Preparation of Kenya’s position to the EU’s draft text on EU/EAC EPA, on intellectual property rights, May 18 -22, 2009.
3. Consultant for the Kenya Industrial Property Institute (KIPI) and World Intellectual Property Organisation (WIPO) on the Intellectual Property Automated System (IPAS), June 2007 – March 2008.
4. Vice Chair, and Member of the National Task Force on the Review and Harmonisation on Education, Training and Research Law in Kenya, January 2006 – November 2008; Appointed by the Minister of Education, Science and Technology); Report: Harmonization of the Legal Framework on Education, Training and Research.
5. Facilitator at the Electronic Transactions Workshop, Mombasa, Sponsored by UNDP and the Directorate of e-Government, held at the Whitesands Hotel, Kenya November 13-15th 2006. Also prepared a report which served as roadmap to the enactment of an e-transaction law and reforming ICT law in Kenya.
32 6. Consulted for the Committee of Eminent Persons (COEP) on the Constitution Review Process (April 2006). My task was to carry out an analysis of the historical roadmap of the Constitution review process in Kenya.
7. Member of the Kenya Copyright Board, appointed by the Attorney General, 2003 - 2009 (appointment renewed in 2006); Member, Legal Affairs Committee and Training and Human Resources Committee.
8. Drafting amendments to the Copyright Act, 2001, in the Legal Affairs Committee of the Kenya Copyright Board to which I belong.
9. Discussant at the Ministry of Education Science and Technology (MOEST) Brainstorming Session on Reforming the Legal Framework of Educatio n (October 2005), at the invitation of the Permanent Secretary.
10. Mainstreaming ICT in Kenya, co-legal consultant, commissioned by the Ministry of Planning and National Development (MPND) to draft policy and legal guidelines to facilitate an ICT enabled Kenyan future, January 2005-
11. Human rights training of Senior Government officials – a project of the Kenya National Commission on Human Rights (KNCHR), January 2005 -
12. Ministry of Education Science and Technology, Workshop on Validation of the Report of the National Education Conference Report of November 2003 (2004)
13. Kenya Law Reform Commission (KLRC) and Kenya Institute of Public Policy Research and Analysis (KIPPRA), researcher and moderator on reforming Kenya’s business laws, (including working paper: “Reforming Substantive Business Laws in Kenya,” from October 15-17 2004
14. Moderated Intellectual Property (IP) law training of Public and Private sector participants (lawyers) for the Ministry of Justice and Constitutional Affairs and the Rome based International Development Law Organisation (IDLO), September 27 - 30, 2004. This was through video conferencing (Rome -Nairobi-Kampala) and lectures/discussions in Nairobi.
15. With Mr Bosire Ogero, Strengthening the Kenya Law Reform Commission (KLRC) and Legislative Drafting in the Attorney-General’s Chambers, Ministry of Justice and Constitutional Affairs, and the Legal and Justice Sector Generally, to Facilitate Access to Justice, a Government of Kenya (esp. KLRC), and European Union Project implemented under the aus pices of BiRD, Matrix and GOPA, an international research consortium, 2003 -2004.
16. Copyright law reform and enforcement (Attorney General’s Office), 1999 -
33 17. Kenya Copyright Board – member, as an expert from 2003-; co-drafted Copyright Regulations, 2003
18. Discussant and resource person on education and training law (Ministry of Education, Science and Technology’s national conference on education, and workshop on the validation of the conference report), November 2003.
19. Constitution of Kenya Review Commission (CKRC) (integrating innovation, technology, and intellectual property into Kenyan constitutionalism), 2002.
20. Co-drafted Media Bill on behalf of stakeholders, 1997/8, for the Task Force on Media Law, appointed by the A-G.
21. Co-drafted Industrial property policy (National Council for Science and Technology), 1989
22. Co-drafted Industrial Property Bill (National Council for Science and Technology (NCST)), 1989
23. Drafted Y2K policy; Y2K Legal Guidelines (National Y2K Committee) (1999)
24. Drafted National Economic and Social Council Bill, 2003 (drafted for Government of Kenya/UNDP).
N. INTERNATIONAL, INTER GOVERNMENTAL CORPORATE AND OTHER CONSULTANCIES (1989 – November 16, 2009)
1. “Survey on Intellectual Property Rights and Anti -counterfeiting in Kenya,” Insighting Ideas, Inc., California, USA, September 16, 2009 -(ongoing).
2. “Strengthening Consumer Protection in Malawi, Mozambique and Zambia for Social and Economic Justice, and Redrafting the Model Law for Consumer Protection in Africa,” Consumers International (CI), September 7, 2009 (ongoing)
3. “Amendments to the Independence Constitution of Kenya: the impacts on the post - independence Cabinets and governance,” Ministry of Information and Communication for the Kenya Yearbook Editorial Board, London, September 2, 2009- (ongoing).
4. Africa Copyright and Access to Knowledge (ACA2K) under the auspices of IDRC, University of Witwatersrand LINKS centre and Shuttleworth Foundation. Draft Kenya Country Review and Executive Policy Brief on the ACA2K, October 1, 2007 – January 31, 2010 (ongoing).
34 5. “Copyright law relating to court reporting,” Press Law Seminar for Court Reporters, organized by the Council for Legal Education (CLE) and the Kenya School of Law (KSL), at Karen, on October 8, 2009.
6. Chief Examiner, Parliamentary Select Committee on the Review of the Constitution, Examination of Candidates for the Positions of Judges in the Interim Independent Constitutional Dispute Resolution Court (IICDRC) , October 5, 2009.
7. “Exploring cybercrime and security in Kenya: Status and res earch priorities” International Development Research Centre (IDRC), Dakar, Senegal, August 20, 2009- November 10, 2009.
8. Development of Resource Book and Training Manual on Impact of International Monetary Fund (IMF) Macroeconomic Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi , September 2008 - March 27, 2009 (peer reviewed and published; being translated into French ).
9. Legal Advisor on matters of law in various criminal law and procedures in human rights cases relating to women and children, Womens Rights Awareness Programme (WRAP), Nairobi, since September 2008. (The tasks included drafting legal opinions).
10. Appraisal of Agenda 4 as a Way Forward Toward Achieving Accountability and Good Governance in Kenya, Transparency International - Kenya, February 1 – 28, 2009 (peer reviewed and published).
11. “The Contribution of civil society and academia in development policy -making: The Case of Kenya’s Budgetary Process” African Research and Resource Forum (ARRF) September 2009 –November 3, 2008.
12. Research into Kenya’s Constitutional Development and the Case for a Transitional Constitutional Framework, Citizens Coalition for Constitutional Change (4Cs), Nairobi, February-March 26, 2008.
13. Monitoring an eTraining Course on Introduction to the WTO for government officials from developing countries, World Trade Organization (WTO), Geneva,, 2006-2007.
14. Report on establishing a peer review mechanism for the Institute of Certified Secretaries (ICPSK), ICPSK, Nairobi, Sep tember 2007; February 2009.
15. Review of the Nairobi Metro 2030 Strategy, Kenya Institute for Public Policy Research and Analysis (KIPPRA), October 2008.
16. Constitution of Kenya (Amendment) Bill, later Act 2008, Introducing the Committee of Experts to Amend the Constitution of Kenya, Law Society of Kenya
35 (LSK) Constitutional Review Committee and Ministry of Justice, National Cohesion and Constitutional Affairs, September 2008.
17. Entrenchment of the Pan Africa C hristian University (PACU) Charter, PACU, Nairobi, May 2008.
O. WORK IN PROGRESS: PROFESSORIAL RESEARCH AGENDA, 2006-2012
My Professorial Research agenda (2006-2012) has already spawned books, articles, PhD dissertations, Master Theses, LLB dissertations, consultancies and related reports, Newspaper articles and a Mentoring Programme. The agenda is organised thematically:
1. Intellectual Property and Innovation in Kenya and Africa
- “Copyright’s commons and balance in Kenya: the significance of Prof Paul Goldstein and Stanford Law School on the deba te on rights, limitations and exceptions, ”
- Intellectual Property and Innovation in Africa: Transferring Technology for Sustainable Development (draft book; forthcoming).
- Constructing Copyright and Creativity in Kenya: Cultural Politics and the Politica l Economy of Transnational Intellectual Property; doctoral dissertation, Stanford Law School (forthcoming).
- Copyright law and the cultural industries in Kenya, 1895 -2003: political economy and construction of intellectual property (forthcoming).
- Opening Sources for Kenya’s Development: The Discourse on Intellectual Property and Technology Transfer in Access to Software and Cyberspace JSM thesis Stanford Programme of International Legal Studies (SPILS), Stanford Law School (August 2001) (draft book).
- Consumer Law in Kenya and Africa (forthcoming).
- Copyright Cases in Kenya, Ben Sihanya and Marisella Ouma, (forthcoming book).
- Trade Mark Cases in Kenya, Ben Sihanya, Marisella Ouma (forthcoming book)
- Copyright law and the cultural industries in Kenya, 1895-2005: political economy and the construction of intellectual property (forthcoming)
- Opening Sources for Kenya’s Development: The Discourse on Intellectual Property and Technology Transfer in Access to Software and Cyberspace JSM thesis, Stanford Programme of International Legal Studies (SPILS), Stanford Law School (August 2001) (draft book).
36 - Cultural Politics and Intellectual History in Kenya
- Cultural Politics and Intellectual History in Kenya
3. Kenyan and Comparative Constitutionalis m – including Political Economy - “Kenya 2012: like Ghana or Zimbabwe? The promise of an Obama doctrine”
- “Reforming Kenyan security: policies, laws, institutions and diversity in personell”
- Constitutional Process in Kenya: Law, Politics and Methodology (forthcoming book).
- Constitutionalising cultural expression, innovation and copyright in Kenya (forthcoming book).
- Constitutionalising innovation, technology and intellectual property in Kenya: copyright, trade mark and patents (forthcoming book).
- Regulating CSOs and NGOs in Kenya (forthcoming book).
- “Presidential political power play in Kenya: the quest for legality, validity, and legitimacy in Kenya’s constitutional review, 1963 -2007” (or presidential v. judicial and party politics in constitutional review), already presented at two ICJ workshops, and at University of Nairobi Law School staff lunch, 2004, and used in teaching (forthcoming monograph).
4. Education and Mentoring Law in Kenya
- “Dean Law: the manager, the mentor and the public intellectu al”
- “Regulating legal education and training in Kenya: levels, institutions, and accreditation process (admissions, teaching, exams, student and staff welfare)”
- “IP and quality assurance in Kenyan universities: revisited”
- Education, Training and Research Law in Kenya (forthcoming).
- Education, Training and Research Law in Kenya: cases and materials (forthcoming).
- Cultural Politics and Intellectual History (forthcoming).
37 5. Information and Communications Technology Law in Kenya
- “ICT regulation in Kenya: a personal testament,” (forthcoming), contribution to the IDRC coordinated book on ICT development in Kenya: history and personal experiences.
6. Poetry writing: in the quest of identity; mentoring and education for leadership and innovation
- Poems on identity and identity politics
- Poems to promote innovation, creativity and intellectual property
- Poems to promote leadership, constitutional government
P. PUBLIC INTEREST LAWYERING
1. Lead lawyer for the Universities Academic Staff Union (UASU) (2 003-). I did the following: i) Co-developed the negotiating and litigation strategy for UASU. ii) Acted as legal advisor to the UASU negotiating team, while negotiating the terms and conditions of service with the Inter Public Universities Consultative F orum (IPUCF). This led to the Collective Bargaining Agreement (CBA) and a return to work formula. iii) Acted as legal advisor to the UASU team in negotiating the Recognition Agreement. iv) Served as Chair of the National UASU Constitution Review Committee. v) Panelist at the UASU team discussion - “Proposed National Constitution: Gains and Losses,” Public Debate on Proposed Draft Constitution, invitation by Universities Academic Staff Union, (UASU) (University of Nairobi), Friday, September 23, 2005.
2. Public Law Institute, a public interest litigation and human rights NGO. Programme Officer, 1993-1998:
3. Implemented the Institute’s Consumer Justice Program me, and helped develop the Programme for 1998-2001, which focused on governance, human rights, gender equity, and consumer protection in health services.
4. As the Legal Officer, Public Law Institute (PLI), Mombasa my tasks included:
(i) Administrative tasks related to management of the office – as a field administrator of the Mombasa Legal Aid Scheme for the underrepresented and unrepresented;
(ii) Training of pupil and court clerk;
38 (iii) Administered a Paralegal Training Programme in Kwale District (Mwaluphamba and Mkongani Locations);
(iv) Provided legal advice, aid, assistance and intervention in abo ut 350 files and matters;
(v) Provided legal advice to about 600 other applicants whose matters did not merit opening of files;
(vi) Offered advice and technical assistance on proposal drafting, institutional formation, regulation and development, to the Legal Awareness Programme, Mombasa (LAP) and Self Employed Women’s Association of Kenya (SEWAKE). LAP was formed from the Legal Advice Centre’s Workshop at Likoni, Mombasa (April, 1993) from members of consumer cooperatives, women groups and men’s group s for the advancement of legal awareness in Mombasa and coastal Kenya; provided legal advice on the formation and operation of LAP and SEWAKE.
(vii) Conducted public interest cases, including: a. Michael E. Bocha and Solomon G. Yako v. Coastal Aquaculture and 10 Others High Court Civil Case No. 320 of 1993 (Mombasa) regarding the environmental conservation of the Tana River Delta Wetlands and the land rights of the members of Kon Dertu Ranching Company Limited and the land rights of the indigenous Pokomo and Orma. An injunction was obtained restraining the Defendants from alienating the suit land and causing environmental degradation in the suit land. b. Mkilo Village Welfare Group, Hamisi Nzao Benzao and Iddi Hamisi Mbovu v. Kwale County Council and 4 Others High Court Civil Case No. 711 of 1993 (Mombasa) regarding the degradation of the environment caused by the operation of an abattoir or slaughterhouse and threatened/intended relocation and alienation of the land and consequent eviction of the indigenous re sidents of Mkilo Village, Kalalani Sublocation. An injunction was granted restraining the Defendants from alienating the land; evicting the Plaintiffs; and restraining the operation of the abattoir. c. Felix Omollo and 9 Others v. Mombasa Municipal Council and 2 Others HCCC No. 19 1993 (Mombasa) regarding the allocation, lease and/or licence of part of Makadara Gardens, a public park and parking lot in Mombasa, by the Defendants for use as a corporation’s storage space. Injunction granted to restrain purport ed or intended/threatened lease. Licence and change of user of the public utility/facility and to restrain Council meeting to deliberate on the subject matter of the suit. The matter went before Mr Justice A. Mbogholi Msagha while Mr. Ben Ochieng Okore and I appeared for Plaintiffs who sued in a representative capacity.
39 d. Drafted a legal opinion on the Institutional and Technological Strategies in the Criminal Justice System in Kenya for the Task Force on the Reform of Penal Laws and Procedures, a Task Force established by the Attorney General under the auspices of the Kenya Law Reform Commission (KLRC).
e. Helped in the disengagement of PLI from the Legal Aid Scheme in Mombasa and Paralegal Training Project in Kwale.
f. Consultant: 1991 October-August 1992: Researched the study, Women in the Criminal Justice System funded by the Swedish International Development Agency (SIDA) and conducted under the auspices of the International Federation of Women Lawyers (FIDA)
Q. MEDIA APPEARANCES
1. Interviewed by KTN TV on the Waki Commission on Post Election Violence in Kenya, July 11, 2009 and quoted on the same in the Sunday Nation (Nairobi) of July 12, 2009.
2. Featured on KBC, NTV, KTN and Citizen TV stations discussing the implications on US President Obama’s speech on Kenya and Africa, July 11, 2009.
3. November 27, 2008 interview by Citizen TV on the introduction of stringent rules political parties the Political Parties Act.
4. November 20, 2008 interview by KISS FM on political party organs and the political party structure more so on the revival of the ODM Pentagon.
5. October 3, 2008 interview by Classic FM on the Kenya National Union of Teachers (KNUT) strike.
6. September 15-21, 2008, The East African, quoted in Power sharing bad for Africa, says Kriegler” by Fred Oluoch, p.3.
7. September 13, 2008, National Public Radio (NPR) Constitutional review – Gwen Thompkins – Kenya Struggles to Create New Constitution.
8. September 2, 2008, British Broadcasting Corporation (BBC), Interview on Power sharing in Africa and the Zimbabwe situation, 8.00-10.00 pm.
9. August 29,2008, Classic FM, interview on Constitutional Reform in Kenya
10. February 16, 2008, The Standard quoted in “Diplomatic rows blow to economy, experts warn,” by Oliver Mathenge.
40 11. Live interview on Intellectual Pro perty Law, Citizen TV, Big Breakfast show, February 2008.
12. February 1, 2008, McLatchy Newspapers, “How Kenya’s Elections were Rigged” by Shashank Benglali, available at www.mclatchynewspapers.com (analytical interview).
13. South Africa Bradcasting Corporation (SABC), interview on the Post -election political crisis in Kenya on January, 2008 at University of Nairobi, Parklands Law Campus.
14. Interview on election and transition 2007: Women and Kenyan elections g overnance (KBC TV, Sunday December 2, 2007).
15. BBC – Satire in African Politics: Nigeria, Kenya, Zimbabwe, 2007.
16. UASU strike – 2006 –featured in Nation Newspapers and NTV - Court Appearance.
17. Interviewed by Kenya Television Network (KTN) on Corruption -induced Crisis in the Kenya Government in relation to the Anglo -Leasing and Goldenberg Corruption Scandals. The interview focussed on what action or steps the Kenya Government could take so as to institutionalise and constitutionalise good governance as well as address the problem of corruption and enhance its legitimacy (February 9, 2005).
18. Interviewed by NTV (Nation TV) on electoral politics, political wrangles in relation to the 2007 elections in Kenya (May 23, 2005)
19. Impact of US elections on Kenya and Africa Nation TV (November 2, 2004)
20. Impact of US elections on Kenya and Africa Nation TV (November 2, 2004)
21. Copyright law and enforcement (KBC TV, Saturday April 17, 2004)
22. National lecturers’ strike – legal opinions: November (legality of strike); Dec ember 17, 2003 (legality of signing forms to compel resumption of duty)); constitutionality of coercing striking lecturers to resume work (Nation TV December 29, 2003). Also numerous radio bulletins.
23. Consumer protection discussion with Director of Kenya C onsumer Organisation (KCO) (1996) – Kenya Broadcasting Corporation (KBC) TV
R. COMPUTER AND INTERNET SKILLS Word processing, Internet research, power -point, e-mail use, etc.
S. LANGUAGE PROFICIENCY (SPOKEN AND WRITTEN) Dholuo – Native speaker
41 Kiswahili – Excellent English – Excellent
T. FELLOWSHIPS AND MEMBERSHIPS
1. Stanford Alumni Association (2004 -)
2. Law Society of Kenya – Advocate and member (1993- )
3. African Studies Association (ASA), USA
4. Kenya Industrial Property Institute (KIPI) – Patent Attorney (Intellectual Property advocate)
5. Institute of Certified Public Secretaries – CPS (K) and life member No. 71 (1996 -); member of the Research and Development Committee
6. Institute of Economic Affairs (IEA), Kenya
7. International Association of Consumer Law (IACL); forum of consumer law teachers and researchers (HQs in Canada; Board Member for Africa (1999 -)
8. Kenyan Section of the International Commission of Jurists (ICJ) – member, and co- editor, Judiciary Watch Programme (1990 -)
9. Women and Law in East Africa (WLEA) – Research Associate (1999-2003)
10. Maseno (School) Old Boys Association – Member (2006- )
U. TAUGHT, RESEARCHED, PRESENTED AND STUDIED IN AT LEAST 18 COUNTRIES
1. Africa: Kenya (all provinces), Tanzania, Uganda, South Afr ica, Ghana, Swaziland, Namibia, Zimbabwe, Egypt, Seychelles, Nigeria, 2. Europe: Switzerland, United Kingdom (UK), Sweden, Belgium, Finland. 3. North America: USA (Washington, DC, California, Maryland, Massachusetts…) 4. South America: Chile
V. MENTORING PROGRAMME Since 1997, I have been recruiting students from the University of Nairobi Law School to work as mentees or interns in my academic office and at the legal, research and consultancy firm, Innovative Lawyering and Copyright Africa of which I am the founde r and CEO.
42 Innovative Lawyering expanded the Mentoring Programme to inspire and train primary, secondary and tertiary students on leadership skills and career choices. The project also sponsors brilliant students some of who may come from poor background s. Nyasita Primary School in Siaya was the pilot of the national project.
Through this initiative I have established a community of mentees and we have mentored, trained and refereed numerous students who have succeeded in the various educational and career paths they have taken. Most of them are currently oversees pursuing their PhD or masters in Universities such as Stanford, Harvard, Warwick and the London School of Economics (LSE). Numerous mentees are working in Kenya, African countries, or in the US and Europe.
43 44