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Intellectual Property (IP) is intangible property that arises from the mind/human intellect – it could be anything from inventions, literary and artistic works, designs, symbols, names and images used in commerce. Legal rights are derived from this intellectual activity in industrial, scientific, literary and artistic fields.

There are two main types of IP – industrial property and copyright. We are joined by June Okal,a technology, media and telecommunications lawyer passionate about the law and technology, to discuss intellectual property in Kenya.

Resources

The Copyright Act (2001)

The Copyright (Amendment) Bill, 2017

The Industrial Property Act (2001)

The Movable Property Security Rights Act (2017)

The Trade Marks Act (2002)

Kenya Copyright Board (KECOBO)

Kenya Industrial Property Institute (KIPI)

Intellectual Property Rights in Kenya: Towards a More Effective Dispute Resolution Framework

The Legitimacy of Indigenous Intellectual Property Rights' claims

Episode 63: The Business of Music

Episode 71: In Data We Trust

Image Credit: Cookswell

KCSE (Kenya Certificate of Secondary Education) examinations kicked off on Monday 22nd October, 2018. 664, 586 students will be taking the exams, which test what they have studied in their four years of secondary education in three to four weeks. This year, the state has undertaken many tyrannical measures to stop exam cheating, including threatening to send parents of children caught cheating to jail.

We're joined by Nyambura Mutanyi, a multi-disciplinary artist who has been active in crafting education policy, to discuss what causes exam cheating, how prevalent it is (less than 1% of candidates are caught cheating), and what we can do to improve the state of examinations and education in general in Kenya. Press play!

Resources

Why Kenyan students are cheating in their exams and what can be done

Factors Influencing Recurrence Examination Irregularities in Public Secondary Schools in Kisii County, Kenya

[2016] New formula crafted to curb exam cheating

[2016] National school candidates among 5,101 KSCE exam cheats

[2016] Report reveals how teachers, students used phones to cheat in KCSE

[2016] Schools calendar overhauled in new war against exam cheating

[2017] Exam cheats to be fined Sh5 million

[2017] Boarding schools to be audited and why many may be closed

30 schools on State watchlist for collecting exam cheating money

Knec names national exam cheating hotspots

Tight security as KCSE exams begin

200 schools targeted in exam cheating probe

Teachers asking for Sh10,000 to buy exams, warns KNEC

Meeting on cheating in exams scheduled

KCSE begins today as Government puts in tough exam measures

'Militant' handling of exams worries parents and learners

Image Credit: Mpasho

Technology Assisted Violence Against Women (TAVAW) comprises acts of gender-based violence that are committed through the use of Information and Communication Technologies(ICTs), such as phones, the Internet, social media platforms, and email. Many questions arise: is online violence really violence? Why is TAVAW such an important issue to address? What are the ways in which women experience technology assisted violence? What are its consequences, and how can we stop it?

We're joined by Muthoni Maingi, a digital media strategist, to talk about this. Press play!

Resources

Ending Technology-Assisted Violence Against Women in Kenya

#Toxictwitter: Violence and Abuse Against Women Online

Cyber Violence Against Women and Girls: a World-Wide Wake-Up Call

Understanding Technology-Related Violence Against Women: Types of Violence and Women's Experiences

From Impunity to Justice: Domestic Legal Remedies for Cases of Technology-Related Violence Against Women

From Impunity to Justice: Improving Corporate Policies to End Technology-Related Violence Against Women

Technology-Related Violence Against Women – Recent Legislative Trends

Internet Intermediaries and Violence Against Women Online: User Policies and Redress Framework of Facebook, Twitter and YouTube

UNHRC Submission (Online Violence Against Women)

Image Credit: Amnesty International

In September 2016, Kenya passed the Banking Amendment Act, creating interest rate controls where there were none before. It sets the maximum lending rate at no more than 4% above the Central Bank base rate; and the minimum interest rate granted on a deposit held in interest earning accounts with commercial banks to at least 70% of the same rate.

There has been an ongoing debate in the two years since on whether we should remove these controls because of their perverse effect on our economy. Today, we're joined by Elizabeth Wangechi, the Head of Research at Genghis Capital, to discuss the impact of these controls. Press play!

Resources

The Banking (Amendment) Act 2016

The Impact of Interest Rate Capping on the Kenyan Economy - Full

The Impact of Interest Rate Capping on the Kenyan Economy - Summary

CBK regrets interest rates cap due to negative effects on economy

MPs uphold rate cap law, scrap interest on savings

CBK spells out loan rules ahead of interest rate cap review

Image Credit: FT.com

Kenya currently has two draft Data Protection bills both tabled in 2018. One is a Senate Bill sponsored by senator Gideon Moi, while the other is a National Assembly Bill sponsored by the Ministry of ICT. The right to privacy is a fundamental human right. In Article 31, our constitution says that every person has the right to privacy, which includes the right not to have - their person, home or property searched; their possessions seized; information relating to their family or private affairs unnecessarily required or revealed; or the privacy of their communications infringed.

Today we're joined by Lucy Mwangi, an ICT lawyer, to discuss the importance of data protection and privacy, the pros and cons of each draft bill, as well as best case practices (such as the GDPR - General Data Protection Regulations) we should aim for in our legislation. Press play!

Resources

Senate Data Protection Bill, 2018

Ministry of ICT Data Protection Bill, 2018

Privacy and Data Protection Policy 2018 – Kenya

General Data Protection Regulation - GDPR

What is GDPR and how will it affect you?

What does GDPR mean for me? An explainer

What Is GDPR and Why Should You Care?

The 2018 Finance Act, one of the most controversial in recent times, was passed into law on 21st September 2018 despite public opposition. Today we're joined by Mokeira Nyagaka, a research analyst at the International Budget Partnership Kenya, to talk about public finance, which is the management of a country's revenue, expenditure and debt through government institutions.

Do our public finance policies help us achieve growth, stability, equity and efficiency? Are they in line with our constitution? What is a finance bill, and what is its role in public finance? What are the other laws that govern public finance in Kenya, and how do they interact? Is revenue shared equitably between the national government and county governments? What does Kenya's debt position mean for our future? What is the role of the Kenyan public when it comes to public finance? Press play to find out!

Resources

The 2018 budget speech in full

The Finance Bill (2018)

The Public Finance Management Act (2012)

The Budget Policy Statement (BPS), 2018

Laws on Devolution

The Consolidated Fund Services (CFS) Report by the Controller of Budget

Quarterly Economic and Budgetary Review

Historical Debt Trends

How Much Should Counties in Kenya Receive in 2018/19?

How Fair are Revenue Sharing Mechanisms in Fighting Intra-County Inequalities in Kenya?

Budget Making in Kenya

Budget Transparency: Kenyan Perspective

Deliberating Budgets: How Public Deliberation Can Move Us Beyond the Public Participation Rhetoric

The Kenyan Public Finance Management Act 2012 FAQ (Frequently Asked Questions) For Citizens

Public Participation Under Kenya's New Public Financial Management Law and Beyond

County Budget and Economic Forums (CBEFs) and Public Participation in Kenya: A Synthesis of Case Studies from Five Counties

Image Credit: Nairobi News

Beginning September 1st 2018, 16% VAT was applied on petroleum products, sparking nationwide uproar. This tax on petroleum products was first proposed by the VAT Act (2013) and scheduled to kick in in September 2016. However, in 2016, it was postponed by another 2 years. Before the price increase, petrol was KES 113.73, diesel was KES 102.74 and kerosene was KES 84.95 in Nairobi. After VAT was applied on September 1st, the price of petrol became KES 127.80, diesel KES 115.00 and kerosene KES 97.41.

Kenyans are now paying 44% in taxes per litre of fuel. We're joined by Ramah Nyang, a journalist, to discuss this increase in tax and the effects it will have on Kenyans' lives. Press play!

Resources

Fuel VAT to raise prices by up to Sh17 per litre

Treasury to take Sh57.57 for every litre of petrol sold

Kenyans big losers if fuel prices rise

Tough times ahead as prices of basic goods, services set to rise

Minority Whip Junet Mohamed seeks to delay tax plan on fuel

Uhuru cuts fuel VAT to 8%, State hospitality expenditure

Kenya National Bureau of Statistics: Economic Survey 2018

Kenya National Bureau of Statistics: INFLATION TRENDS 1961-PRESENT

Kenya National Bureau of Statistics: Integrated Household Budget Survey

Kenya National Bureau of Statistics: Consumer Price Indices and Inflation Rates for August 2018

Kenya National Bureau of Statistics: Quarterly Gross Domestic Product Report First Quarter, 2018

Death by VAT

Taxing for a More Equal Kenya

Episode 62: Tax Justice in Kenya

Image Credit: Bizna Kenya

In the August 2017 general election, we had 9 women running for Governor, 25 for Senate, 115 for Member of National Assembly (MNA), and 261 for Member of County Assembly (MCA). That was a total of 410 women aspirants, which was even lower than the number in the 2013 election, which was 449. To compare, the total number of candidates for these positions was: 210 for Governor, 1,893 for both MNA and Senate, 11,858 for MCA, and 8 men are running for president. Only 9% of the candidates were women.

Three women made history by becoming Kenya's first female governors, and three others became the first elected female senators (in 2013, all women in the Senate had been nominated). We're joined by Nanjala Nyabola, a writer, humanitarian advocate and political analyst, to talk about women and the 2017 elections, and where women are based on the findings of a book she co-edited: "Where Women Are: Gender & The 2017 Kenyan Elections". Press play!

Resources

Where Women Are: Gender & The 2017 Kenyan Elections

A Gender Analysis of the 2017 Kenya General Elections

Key Gains and Challenges: A Gender Audit of Kenya's 2013 Election Process

Flower Girls, Girlfriends and Sexist Discourse: The Politics of the Two-Thirds Gender Bill

Women Contributions in Parliament

Political Party Nominations

An Overview of the 2017 General Election

On Voting

The Election Boycott Of 2017

Women gear up for elections in Kenya

"They Were Men in Uniform": Sexual Violence against Women and Girls in Kenya's 2017 Elections

OUR UNLAWFUL LAWMAKERS: Parliament, the Supreme Court and the Gender Principle

Why we cannot change the Constitution without violating it

Episode 49: Women and Youth in Kenyan Politics

Image Credit: Her Story Wins

Last Week, BBC Africa Eye released a three part series titled Sex and the Sugar Daddy (or Sugar in short) that has driven a lot of conversation about sponsors both online and offline. Today we're joined by the film-maker behind the series, Nyasha Kadandara, to talk about why she made the series, what she learned, and what she thinks the way forward is. Press play!

Resources

Sex and the Sugar Daddy

Bridget Achieng: "Baby girl, nothing goes for nothing" - BBC Africa Eye

"If he's asking me to sleep with him, I will" - BBC Africa Eye

"Sometimes, sex ain't wrong at all" - BBC Africa Eye

Sugar dating in Kenya: An investigation of 'Sponsorship' among female university students in Nairobi

Image Credit: BBC

The Kenyan Constitution states that every person has the right to be free from hunger, and to have adequate food of acceptable quality. This means that the people of Kenya are entitled to food security, which is when all people, at all times, have physical, social and economic access to sufficient,, safe and nutritious food which meets their dietary needs and food preferences.

This week, we are joined by Grace Githiri, an urban planner and Geographical Information Systems expert, to look at food security in Nairobi, where 63 - 70% of the population lives in informal settlements which occupy only 6% of the land in Nairobi. Press play!

Resources

Cha Kula: Serving Thought for Food

The Route to Food Initiative

Nourishing livelihoods: Recognising and supporting food vendors in Nairobi's informal settlements

Slum Almanac 2015/2016: Tracking Improvement in the Lives of Slum Dwellers

World Habitat Day 2014 – 'Voices from Slums'

2017 Situational Analysis: Mukuru Kwa Njenga, Kwa Reuben & Viwandani

Improving Access to Justice and Basic Services: Situational Analysis Report

Nairobi: Inventory

The State of Food Security and Nutrition in the World (2017)

Episode 60: Nai Ni Who?

Episode 61: Stop Killing Us

Episode 62: Tax Justice in Kenya

Image Credit: Antony Mayunga