Securing corporate accountability for violation of human rights: towards a legal and policy framework for Kenya

Thesis submitted in fulfillment of the requirements for the degree of Doctor of Philosophy, presented to the School of Law, Faculty of Commerce, Law and Management, University of the Witwatersrand.Over the last few decades, the debate on the topic of business and human rights has dominated the international scene. Initially, the debate focused on the question whether corporations have obligations beyond making profits. This is no longer contested, and the issue now at hand is the need to define what these obligations are and to determine how they can be enforced. In the history of the development of human rights, the duty to uphold human rights and secure their protection was considered a preserve of the state. However, with changing economic dynamics and increased globalization, it is undeniable that states are no longer the only or major threat to human rights; the modern corporation, much bigger in structure and complex in operations than before, has taken its place beside the state, having as much potential as the state to negatively impact human rights. Kenya adopted a new Constitution in 2010, at the same time that John Ruggie, the Special Representative of the UN Secretary General on Business and Human Rights was finalizing his mandate and putting together his findings based on research he had conducted over a number of years. The business and human rights deliberations Ruggie steered at the international level were expected to culminate in the negotiation of an internationally binding instrument. This did not happen. This study shows that the failure to propose the negotiation of a treaty was not fatal to the Business and Human Rights agenda, but rather that the alternative approach taken presents a more ideal opportunity to prepare the ground for the future negotiation of a treaty. Ruggie developed the UN Guiding Principles on Business and Human Rights and proposed them as a common global platform for action, an authoritative focal point to direct efforts geared at understanding the corporate obligation for human rights. Although both the Constitution of Kenya and Ruggie’s findings underscore the role of the corporation in upholding human rights, the corporate obligation with regards to human rights is not clear. The main objective of the research was therefore to give human rights obligations of corporations in Kenya greater specificity so that both corporations and the State may more effectively implement them. The study undertook to investigate what the corporate obligation for human rights entails, building on the foundation established by the 2010 Constitution, which provides for horizontal application of the Bill of Rights to juristic persons, and the guidance offered for states and corporations and other business entities through the UN Protect, Respect and Remedy Framework and the UN Guiding Principles. The study established what the obligations under the three pillars recommended in the UN Framework would mean for Kenya. The mistaken belief commonly held by corporations that corporate social responsibility is the same as human rights obligation was explored. The findings also show that the State Duty to Protect will mainly be exercised through the enactment of laws that offer guidance to corporations on what constitutes their duty and how it can be executed in practice. The study therefore recommends that amendments and additions be made to particular laws, the main one being the Companies Act of Kenya, to guide corporations in executing their human rights obligation. Furthermore, a recommendation is made that the Commission charged with implementing the Constitution include a specific section on Business and Human Rights in the National Policy and Action Plan drawn up to implement the 2010 Constitution. This will ensure that due attention is given to the subject, and a clear and comprehensive approach adopted to make corporate accountability for human rights violations a practical and realistic goal. The proposals made for the Action Plan include factors that will improve access to remedy for victims of human rights violations.MT201

An Evaluation of Credit Appraisal Techniques Adopted by Commercial Banks in Kenya in Lending to Small and Medium-Sized Enterprises

The main purpose of this study was to evaluate the credit appraisal techniques used by commercial banks in Kenya in lending to small and medium sized enterprises. The study sought to achieve two specific objectives: to determine the credit appraisal techniques used by commercial banks in Kenya in lending to small and medium sized enterprises and establish challenges facing banks in using the applicable credit appraisal techniques. The study adopted a descriptive research design and the target population of the study included 41 commercial banks that have branches within Nairobi’s Central Business District. Primary data was collected by means of semi-structured questionnaires. The data was analyzed using multivariate regression analysis as well as percentages and frequencies. The findings reveal that the following attributes were considered to be of great importance when making lending decision: strength of income statements, strength of the balance sheet, long histories, quality of accounts receivable and inventory, history of the principal owner and transparency of firms through provision of certified financial statements

Strategic foresight analysis for high impact interventions in agriculture and food security

A mix of demographic, technological, climate and environmental changes make anticipating and planning the future a complex - but critical step - to increase our food supply while sustaining natural resources. Successful interventions which meet these twin objectives are a priority for governments, multi-lateral banks, NGOs, and the private sector. It is vital that we articulate the potential impacts of climate change, different interventions, and policy decisions on the most strategic areas of investment to achieve the best economic and social benefits. The question remains: how to articulate these complex factors to support policy and decision making by governments and organizations

ACCREDITATION AND HEALTH SERVICE DELIVERY IN RWANDA - A CASE STUDY OF ACCREDITATION PROJECT OF KING FAISAL HOSPITAL, KIGALI

Accreditation is a crucial internationally recognized evaluation process used to assess and enhance the quality, efficiency, and effectiveness of healthcare organizations. It is based on the idea that adhering to evidence-based standards can lead to high-quality healthcare services. However, accreditation often involves significant costs, making it essential to evaluate its worth, especially in resource-limited regions like public healthcare organizations in Rwanda. This study examined the contribution of the accreditation project to the quality of healthcare in King Faisal Hospital, Kigali. This study used a retrospective research design with a quantitative approach whereby 354 patient records were reviewed, of which 71 represented the period before accreditation, 169 represented the period after the first accreditation, and 114 represented the year in which the hospital was preparing for the third accreditation. In addition, secondary data analysis was conducted on available data from the Office of Continuous Quality Improvement (CQI), Office of the Chief Executive Officer, and Office of Human Resources. One-way analysis of variance was performed at a significance level of <0.05 to test for differences between the three time periods examined. The findings resulting from this analysis showed that accreditation is associated with improved healthcare service delivery (p < 0.001). The health service provided was permitted for only 11.3% of the patients served before the hospital's accreditation, while it was permitted for 90.5% of the patients served after the accreditation. In addition, the accreditation process optimized management and leadership efforts to improve the delivery of healthcare services through ratification, implementation, and monitoring of clinical policies, guidelines, and protocols, as well as an established workforce capacity-building system. Therefore, it is worth tackling accreditation as a strategic approach to improving the quality of healthcare services.  Article visualizations

The Triple Bottom Line and Strategic Sourcing Decisions among Commercial Banks in Kenya

The Triple Bottom Line is a concept that brings together three important dimensions: the economic; the social and the environmental. These three dimensions are important in addressing sustainability in business operations. This study aimed at establishing the relationship between TBL and strategic sourcing decisions among commercial banks in Kenya. The study also sought to establish the extent to which commercial banks in Kenya have adopted TBL in making strategic sourcing decisions. The study adopted a descriptive research design of cross sectional type where a census of all the 43 commercial banks was conducted. Data was successfully collected from 39 commercial banks through a questionnaire. The data was analyzed using descriptive statistics where percentages and frequencies were used to establish the extent of TBL adoption in making strategic sourcing decisions while regression analysis was used to establish the relationship between TBL and strategic sourcing. The findings indicate that most commercial banks in Kenya have adopted TBL in their strategic sourcing decisions to varying degrees. The areas where TBL application was evident include: management of suppliers; meeting customer needs; environmental conservation and community social responsibility. The study also encountered a few limitations such as uncooperative respondents who were unwilling to fill the questionnaires. Some respondents also feared filling the questionnaires due to the high degree of confidentiality that is required in banking. Keywords: Triple Bottom Line, Strategic Sourcing, Sustainabilit

Strategies for Sustainable Supply Chains among Supermarkets in Nairobi

This study aimed at establishing strategies for sustainable supply chains among supermarkets in Nairobi, Kenya. The study aimed to achieve two objectives: To establish the extent to which supermarkets in Nairobi adopted sustainable supply chain strategies and to determine the relationship between sustainability in supply chain and supply chain strategies among supermarkets in Nairobi. Using a cross sectional descriptive research design, the researcher conducted a survey on a sample of 52 supermarkets based in Nairobi. Quantitative data was collected by use of questionnaires from supply chain officers or their equivalents and analyzed using SPSS. Percentages and frequencies were used to analyze the extent to which supermarkets in Nairobi adopted sustainable supply chain strategies whilst regression analysis was used to determine the relationship between sustainability in supply chain and supply chain strategies. The findings indicate that to a large extent, most of the supermarkets in Nairobi have adopted strategies for sustainable supply chains such as involving other firms to develop sustainable products that meet environmental requirements; investing in waste minimization practices and managing transport efficiencies through better vehicle utilization among others. However, the study encountered limitations like short timeframe as well as bureaucratic and lengthy process of obtaining informatio

Morphological variation of Ridged Frogs of the Taita Hills, Kenya

Comparing of morphological character variation within taxa continues to play an important role in improving species inventories. Using morphometrical and non-meristic morphological adult characters, the diversity of the genus Ptychadena in Taita Hills was studied. Comparative material from elsewhere was not used, and therefore species names were only provisionally allocated to the taxa identified. Available names were discussed on the basis of comparisons with morphological data from other regions. The results revealed that female species are larger in size than males. Two species were identified and for each a standardized diagnosis of 32 characters is provided. Comparison of results with morphological data from related studies done elsewhere reveals that certain characters are of critical importance in differentiating the two Ptychadena species. The power of these morphological characters is discussed, especially for the background of rapid and easy identification of Ptychadena species in the field for conservation purposes

Farmer perceptions of agricultural risks: Which risk attributes matter most for men and women

Analysis of farmer risk perceptions is usually limited to production risks, with risk perception as a function of likelihood and severity. Such an approach is limited in the context of the many risks and other important risk attributes. Our analysis of the risk perceptions of farmers extends beyond production risks, severity of the risks, and their likelihoods. We first characterize agricultural risks and identify their main sources and consequences. We then analyze risk perceptions as a hierarchical construct using partial least squares path modelling. We determine the most important risks and risk attributes in the perceptions of farmers, and test for differences in the perceptions between men and women. Results show that severity and ability to prevent a risk are most important in forming risk perceptions. Second, probabilities (ability to prevent) tend to matter more to men (women) for some risks; lastly, low crop yields and fluctuating input prices have greater total effects on the overall risk perception. Our results provide an impetus for risk analysis in agriculture to consider risk attributes that cause affective reactions such as severity and perceived ability to prevent the risks, the need for input price stabilization, and redress of the rampart yield gaps in small-scale agriculture

The Risk Assessment and Prediction Tool (RAPT) for Discharge Planning in a Posterior Lumbar Fusion Population

BACKGROUND: As the use of bundled care payment models has become widespread in neurosurgery, there is a distinct need for improved preoperative predictive tools to identify patients who will not benefit from prolonged hospitalization, thus facilitating earlier discharge to rehabilitation or nursing facilities.OBJECTIVE: To validate the use of Risk Assessment and Prediction Tool (RAPT) in patients undergoing posterior lumbar fusion for predicting discharge disposition.METHODS: Patients undergoing elective posterior lumbar fusion from June 2016 to February 2017 were prospectively enrolled. RAPT scores and discharge outcomes were recorded for patients aged 50 yr or more (n = 432). Logistic regression analysis was used to assess the ability of RAPT score to predict discharge disposition. Multivariate regression was performed in a backwards stepwise logistic fashion to create a binomial model.RESULTS: Escalating RAPT score predicts disposition to home (P \u3c .0001). Every unit increase in RAPT score increases the chance of home disposition by 55.8% and 38.6% than rehab and skilled nursing facility, respectively. Further, RAPT score was significant in predicting length of stay (P = .0239), total surgical cost (P = .0007), and 30-d readmission (P \u3c .0001). Amongst RAPT score subcomponents, walk, gait, and postoperative care availability were all predictive of disposition location (P \u3c .0001) for both models. In a generalized multiple logistic regression model, the 3 top predictive factors for disposition were the RAPT score, length of stay, and age (P \u3c .0001, P \u3c .0001 and P = .0001, respectively).CONCLUSION: Preoperative RAPT score is a highly predictive tool in lumbar fusion patients for discharge disposition