Evaluating the Legitimacy of the Investor-State Dispute Settlement Mechanism for the AfCFTA

Phase two of the negotiations on the African Continental Free Trade Area (AfCFTA) has begun. This phase includes negotiating the protocol on investment. The International Investment Regime (IIR) allows foreign investors to institute proceedings against states through Investor State Dispute Settlement (ISDS), which is criticised as undergoing a ‘legitimacy crisis’. This paper assesses the legitimacy of ISDS to evaluate whether it is a suitable mode of adjudicating international investment disputes in the AfCFTA. Accordingly, it sets out the criteria to be used in assessing legitimacy and further uses these criteria to appraise the legitimacy of ISDS, ultimately demonstrating that the present ISDS framework lacks sufficient legitimacy to be adopted as the mode of adjudicating international investment disputes in the AfCFTA. This is because of the perception that ISDS is unfair and biased due to its imperial and neo-colonial background and the excessive corporate power it grants to foreign investors. ISDS is also lacking in transparency and democratic values and conflicts with the AfCFTA’s objective of sustainable and inclusive socio-economic development. The paper advocates against the inclusion of ISDS in the AfCFTA protocol on investment and asserts that the challenge is in finding a mode of adjudication that is more equitable and inclusive than ISDS

Responses to transnational non-governmental terrorism in Kenya and the United States: An anthropological analysis

Terrorism is an ancient human phenomenon. In contemporary societies, however, terrorist attacks affect every country in one form or another. Hardly can any continent, region, or community claim immunity from it. Its causes, characteristics, and controlling mechanisms are as diverse and complex as there are terrorist groups. The impacts of terrorism, on other hand, are lethal and far-reaching as are government responses against it. This study began as an attempt to examine governmental and survivor responses and reactions in regard to the attacks of the American embassies in Kenya and Tanzania on August 7, 1998. Then the horrific attacks against the U.S. World Trade Center and Pentagon occurred on September 11, 2001. Because these attacks were planned, ordered, and financed by Osama bin Laden and his al-Qaeda infrastructure (a transnational non-governmental enterprise), the focus of this study shifted to examine (i) al-Qaeda\u27s organizational structure, recruitment methods, tactics, and modus operandi, (ii) how the governments of Kenya and America responded to these attacks and the counter-measures they put in place to prevent future terrorist operations, and (iii) the reactions and coping mechanisms of the U.S. embassy bomb survivors in Nairobi. The aim of this study is to provide victimizer-victim perspectives and Kenyan-American viewpoints of terrorism. Various paradigms were employed to examine the problem of terrorism. They included: (i) clash of civilizations , (ii) clash of globalization , (iii) root-causes theory , (iv) Marxist theory, and (v) revitalization movement theory. This study relied heavily on library materials and sources such as recent articles, books, journals, the Internet, and media outlets for information. Supplementary data were acquired by conducting field interviews with the Nairobi bomb survivors and compared them with information acquired from media sources of those affected by the September 11 attacks. This study finds that contrary to the claims by government officials that al-Qaeda has been dismantled because its members have either been killed or arrested, the war on global terrorism is far from over because al-Qaeda\u27s senior leaders, Osama bin Laden and Ayman al-Zawahiri, are still at large. For this reason, if for no other, it would be premature to write bin Laden\u27s and al-Zawahiri\u27s and their disciples\u27 last obituaries. Because the al-Qaeda network is now believed to have sleeper cells in more than eighty countries around the world which can be activated at any time to conduct terrorist operations and execute suicide-bombings, every country and society is vulnerable. The recent attacks in London, Egypt, and Jordan are stark reminders that terrorism is real and lethal and al-Qaeda\u27s operatives are still a threat. Therefore, government officials need not only the political will and resolve to fight al-Qaeda\u27s ideology of hate and its galaxies of violent groups, but also a multilateral strategy to engage the multidimensional character of violent Islamists. In addition, state authorities need to be prepared to respond to terrorist attacks when they do occur to mitigate disruption of life, security, and economies. State officials also need to assist terrorism victims and survivors to make it easier for them to cope with their plight

Effect of sward height and concentrate supplementation on forage dry matter intake, digestibility and grazing time of spring-calving beef cows

To establish the effect of sward height (SH) and concentrate supplementation on performance of grazing cattle, twenty-four cross bred Angus beef cow-calves were randomly assigned to two SH treatments (4--8 or 8--11 cm) with three supplement levels: 6.24, 3.12 or 0 kg/d. The study was conducted in three periods (P): May (P1), June/July (P2) and August (P3) in 1996. There was no SH x supplement level x period or SH x supplement level interaction (P \u3e .10) on forage DMI, DMD or grazing time (GT). Cows on low SH had greater (P \u3c .08) DMI and GT (P \u3c .01) than cows on high SH. Forage DMI, DMD and GT decreased (P \u3c .05) with supplementation. Grazing efficiency declined with supplementation and advancing grazing season (P \u3c .01). Cows consumed more forage DM (P \u3c .01) in P1 and P2 than P3. Forage DMI and grazing efficiency decreased with supplementation suggesting that supplemented cattle can optimally be grazed at SH \u3c 8 cm

An unusual case of rectal foreign body: Case report

Foreign bodies within the rectum are an infrequent occurrence with a wide variety of objects either inserted or swallowed. Many techniques of removal have been described to remove these objects in case series mainly in developed countries. We report a case of unusually large rectal foreign body we managed by sigmoidotomy with primary closure

Political corruption in sub-Saharan Africa: A comparative assessment of Kenya, Nigeria, and Zaire/Congo

Legally, politically, academically, and culturally, political corruption eludes clear, precise, and comprehensive definition. It is a universal phenomenon that afflicts every political system. It means different things to different people. It manifests itself in a variety of ways in both developed and developing countries. It is considered morally, economically, politically, and socially devastating. This thesis addresses the dynamics of political corruption in sub-Saharan Africa and explores some central and perplexing questions. How is it that one of the most serious problems in sub-Saharan Africa receives such limited attention despite its magnitude, pervasiveness, and consequences? Is political corruption a cultural characteristic of the African continent? What do the peoples of Africa think about political corruption? What are their historical, cultural, and contemporary explanations for corruption, i.e., its definitions, causes, effects, and remedies? Indeed, we cannot understand political corruption in sub-Saharan Africa outside the framework of the legacy of colonialism, neo-colonialism, the Big Men , tribalism and nepotism, underdevelopment, and frustrated economies. These factors are discussed in detail. Three country case studies--Kenya, Nigeria, and Zaire/Congo--are discussed to demonstrate how corruption can frustrate, impede, and paralyze all developmental efforts, administrative performance, economic growth, and social and political integration in Africa. Finally, some critical remedies are suggested to eradicate political corruption in sub-Saharan Africa

Challenges Teachers Encounter In Implementing Inclusive Education In Public Primary Schools In Nyamira County, Kenya.

The purpose of the study was to determine the challenges the teachers encounter in implementing inclusive education in Nyamira County, Kenya. The location of the study was Nyamira County in Kenya. The objective of the study was to find out challenges teachers encounter in implementing inclusive education in Nyamira County, Kenya. The study was limited to challenges teachers encounter in inclusive education. Challenges discourage teachers from carrying out teaching tasks as stipulated in the inclusive education programme. The study targeted all teachers 4000 and 5 education officers in Nyamira County. Teachers were targeted because they were implementers of inclusive curriculum and therefore better positioned to share experiences they undergo. Data was analyzed and results presented in tables, graphs and percentages the study found that teachers faced such challenges as: teachers lack of knowledge of the types of learners, indiscipline cases, heavy workload demanding more time, teachers’ negative attitude towards disabled, no facilities for teachers and learners, disabled have low self-esteem among others. The study concluded that the challenges were contributing to the negativity of teachers towards inclusive education and hence hindered the implementation of inclusive education. The recommended that teachers should plan to have more time to remedy the children such as slow learners and they should maintain class control by involving all learners within each learning experience. It also recommended that teachers should be encouraged to develop positive attitude towards the implementation of inclusive education in public primary schools in Nyamira County, Kenya

Influence of sward height, daily timing of concentrate supplementation and grazing time management on pasture utilization of lactating beef cows

To establish the effect of sward height, concentrate feeding time and grazing time management on performance of grazing cattle, thirty-two cross-bred beef (24 Angus and 8 Hereford) cows (632 kg BW) and calves (104 kg BW) were grouped by weight and calving date. They were randomly assigned to two sward height (SH) treatments (4 to 8 or 8 to 12 cm), replicated four times. The cows were fed a concentrate supplement (4.1 kg DM·cow -1·d-1) in the AM at 0700 h or PM at 1800 h (T), and either restricted to 12 h/d grazing (0700 to 1900 h) or unrestricted to 24 h/d grazing (MGT). The experiment was repeated over three 15-d periods in May, June/July and August 2000. The herbage on high SH pasture was higher (P \u3c .05) in fiber and lower (P \u3c .01) in crude protein compared to low SH herbage. For cows on restricted grazing, supplementing in the AM as opposed to PM resulted in greater (P \u3c .05) forage DMI (8.6 vs. 8.1 kg/d) while unrestricted cows had greater forage DMI (8.4 vs. 8.2 kg/d) when supplemented in the PM as opposed to AM. Supplementing in the PM as opposed to AM resulted in greater (P \u3c .05) herbage DMD (67.7 vs. 65.4%) for cows on high SH; cows on low SH had greater herbage DMD (66.3 vs. 64.5%) when supplemented in the AM. An interaction between T and MGT (P \u3c .10) for digestible DMI (DDMI) was apparent. For cows restricted to 12 h/d grazing, supplementing in the AM as opposed to PM resulted in greater DDMI (5.0 vs. 4.7 kg/d) while unrestricted cows had greater DDMI (4.9 vs. 4.6 kg/d) when supplemented in the PM as opposed to AM. Supplementing in the PM as opposed to AM, increased the time spent grazing (P \u3c .10) to a greater extent for restricted compared to unrestricted cows. When forage availability or grazing time is limiting, supplementing in the AM may result in greater forage utilization because of increased forage DMD and DDMI

Obstetric complications of cervical stenosis: Case report

A case of cervical stenosis is presented. We present a case of a patient who despite experiencing irregular scanty menses, was able to get pregnant.The enigma is that she did not experience any lochia loss post partum.Cervical stenosis is a known predisposing factor to infertility, but it can also have other presentations as are described in this case report

TEACHER FACTORS INFLUENCING CHILDREN'S TRANSITION TO CLASS ONE IN NAKURU COUNTY, KENYA

Education plays a very critical role in human development. Essentially, it makes the person more robust, manageable and productive in many areas of human life. However, despite the remarkable success in education access through policy framework and other commitments by governments and stakeholders, pre-school to primary school pupils’ transition experience many challenges that lead to pupil attrition in primary schools and lower school completion rates than expected. Transition rate is the probability a learner in a particular class will be in the next class in the succeeding year. For a school age population of approximately one million pupils in Kenya, the early dropout rates are significant and indicate that the country fails to realize the development of an important part of its human capital. In addition, the pre-school to primary school transition rates disparities are marked among the 47 counties. Therefore, the study sought to establish how teacher factors, curriculum factors and infrastructural factors affect children’s transitioning into primary school in Northern Zone, Nakuru County. The study was carried out using descriptive survey design and targeted 29 head teachers and 87 class one teachers drawn from 29 public primary schools in the Northern Zone of Nakuru County. From these a sample size of 92 respondents was obtained using both purposive and systematic random sampling. Data was collected through questionnaires and interview schedules. Descriptive statistical analysis was done using, frequencies and percentages and the results presented in tables. The study found that teacher factors significantly influenced successful transition of the learners into primary school. In particular, teaching methods, teacher availability and teacher experience in handling transitioning pupils were important for learner transition into primary school. The study, therefore, recommends that the education stakeholders in the county should redouble their efforts to ensure that experienced and well trained teachers – preferably with some Early Childhood Development orientation- are placed at class one to handle transitioning learners.  Article visualizations

School-Based Factors Influencing Performance of Pupils on Transition from Lower Primary to Upper Primary in Ekerenyo Division, Nyamira County, Kenya

This study examined school-based factors influencing performance of pupils on transition from lower to upper primary in public schools in Ekerenyo Division, Nyamira County, Kenya. The study adopted survey research design. A sample size of 109 subjects comprising, 90 teachers, 15 Head teachers and four QASOs were utilized. Various research instruments including questionnaires, interview schedules and observation checklists were used to collect data. Quantitative data from questionnaires were analyzed using Statistical Package for Social Sciences (SPSS) while qualitative data employed thematic analysis. The study revealed that the main school-based factors that negatively influenced performance of pupils in transition from lower to upper classes included inadequate teaching and learning resources, sketchy syllabus coverage due to inappropriate instructional strategies and poor attitude amongst pupils and teachers. The study made various recommendations specifically geared to teachers to use learner-centered teaching and learning strategies and cover syllabus for each level according to the stipulated timeframe