Dr BEN SIHANYA, JSD (S tanford) Dean Law, University of ... · Dean Law, University of Nairobi Law School Curriculum Vitae, 1989 – Monday, November 23, 2009 Research Interests Intellectual

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 InterestsIntellectual Property, Constitutionalism, ICT Law, and Education Law

for Sustainable Development

PerspectiveAppropriate competencies (skills, knowledge, attitudes and v alues (SKAV)), innovation,

and constitutional governance are critical parameters for Kenya ’s and Africa’ssustainable socio-economic and political development

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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 o ther Consultancies (Consultanciesinclude some items under H, I, J, L, M, P and U)

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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

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Curriculum Vitae, 1989 – Monday, November 23, 2009.

A. PERSONAL DETAILS, PERMANENT ADDRESS; WEBSITE

Name: Bernard Murumbi SihanyaDate of Birth: November 23, 1965Marital Status: Married to Jaki Emmanuela Wasike-SihanyaChildren: Kennedy Wasike Sihanya and Atieno A gnes Ayieko Sihanya

PERMANENT ADDRESS; WEBSITE

University of Nairobi Law School & ©opyright Africa & Innovative LawyeringParklands Law Campus, Room B10Box 1313, Sarit Centre, 00606 Nairobi, KenyaTelefax (+254-20) 3741769; (+254-20) 2128272; +726020082 (O); 3522224(H); Cell:+722897825, +737897825email: [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 sustainabledevelopment, particularly innovations in te chnology, industry, commerce or business,culture, traditional cultural expressions (TCE s) (folklore), literature, music, software andthe Internet.

- Advisors: Prof. Lawrence Lessig, Prof. Paul Goldstein, and Prof. John Barton;- Dissertation: Constructing Copyright and Creativity in Kenya: Cultural Politics andthe Political Economy of Transnational Intellectual Property.

- Coursework focused on: Copyright; Advanced Copyright; US African andComparative Intellectual Property; International Intellectual Property; Constitutionalism,governance, law in society; ICT Law, Cyber Law, Open Sour ces, Law in the VirtualWorld (cyber gaming).

2. Juridical Science Master (JSM) (research and taught LLM), 2001 under the StanfordProgram in International Legal Studie s (SPILS); attained distinction aggregate;

[email protected]

[email protected]

[email protected]

www.innovativelawyering.com

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- Coursework focused on Intellectual Property and Communications Law (ICT, Cyberand Media and Entertainment Law);

- JSM thesis: Opening Sources for Kenya’s Development: The Discourse onIntellectual Property, Technology Transfer and Access to Software and Cyberspacein Kenya (Advisors: Prof. Lawrence Lessig and Prof. Jonathan Greenberg).

3. Certified Public Secretary (Kenya), 1997, under the Institute of Certified PublicSecretaries 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, internationaleconomic 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, July15, 1993.

6. Bachelor of Laws (LLB), Faculty of Law, University of Nairobi, 1992; Upper SecondClass Hons. No first class was awarded.

C. RELEVANT TRAINING

1. World Trade Organisation (WTO) consultation among and training of trainers forRegional Trade Policy Course (RTPC) in Geneva, so that I teach Trade RelatedAspects 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, March26-30, 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 WorldTrade Organisation (WTO) Programme an Online Introduction Course on WTO andits Basic Principles for English–speaking African Region (October 2005) my main

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focus being Trade Related Aspects of Intellectual Property (TRIPs) and GeneralAgreement 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 AttorneyGeneral’s Office, Nairobi, Kenya- Certificate course in copyright and related rights, 1992

13. Nairobi International Law Institute (a programme of Widener University (US), andFaculty 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 lawresearch (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 Economicsand General Paper, respectively (1986-1987). This followed record-breakingDivision One in “O” Levels, a nd 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 .

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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 Europeanuniversities since my last promotion on January 26, 2006. I have supervised thefollowing students:

(1). Marisella Nabongo Ouma (2008): Enforcement of Copyright in Sub -SaharanAfrica: A Theoretical Perspective , Queen Mary Intellectual Property ResearchInstitute, University of London.

(2). Jan Schmidt (2009): Multi Ethnic States and their Constitutional IntegrationStrategies Towards Ethnic Minorities in Eastern Africa: A Case Study ofKenya, Ethiopia and Tanzania , University of Tübingen, Germany.

(3). Peter Otieno Pete: Legal Instruments for Content Regulation in Digital Mediain Kenya, University of Nairobi Law School (continuing).

(4). Julia Wanja Muriithi: Property regimes and their Role in I nnovation inAfrica: The Case of Kenya (continuing), University of Nairobi Law School ofJournalism and Mass Communication (SOJMC)

(5). Samuel Chepkonga: Historical Development of the TelecommunicationSector in Kenya: Regulatory and Licensing Politics , University of NairobiLaw School (continuing).

(6). John Mutakha Kangu: Constitutional Architecture and Staff Governance:Shortcomings in Contemporary Constitution –making Experiences, Universityof 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 ofNairobi. Some of the Masters theses since my last promotion in January 26, 2006include 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.

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(2). Paul Kipkosgei Rotich (2009): An Audit of Kenya’s Anti -counterfeitingLaws: Do They Embrace International Trade Law Standards?

(3). Boniface Mutinda Kabaka (2009): Regulating Electronic Trading ofSecurities in the Nairobi Stock Exchange.

(4). Idah Gatwiri (2009): Evaluating Communication Methods for DisasterManagement in Kenya , University of Nairobi, School of Journalism and MassCommunications (SOJMC)

(5). Sigilai Colleta Jebet (2009): Assessing and Reforming Legal Instruments andPractice of University Education Financing Schemes in Kenya.

(6). Julia Wanja Muriithi (2008): The Impact of Piracy on Gospel Music Industryin Kenya, MA, School of Journalism and Mass Communication .

(7). Cosima Apeles Wetende (2008): Integrating Mediation into Kenya’s CivilJustice Process: A Survey of Advocates in Nairobi

(8). Rose Akinyi Osiemo (2007): Trade Marks as a Feature in Kenya’sCompetitive Economy

(9). Charles Orinda Dulo (2007): Telecommunication Regulation in Ke nya: ACase for Generic Reforms due to ICT .

(10). Joseph Kuira (2007): Copyright Law vis-à-vis Freedom of Expression asa Paradox for Journalists Working in Kenya: A Case Study of the Standardand the Daily Nation Newspapers,2000 -2004,MA, School of Journalism andMass 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 Supremacyof the Kenyan Constitution

(13). Hezekiel Oira (2006): Addressing the Controversies of NeighbouringRights of Broadcasting Organisations under Kenyan and International Law .

(14). Richard Kuloba (2006): Expeditious and Effective Civil Remedies andProcedures against Infringement of Copyright in Kenya .

(15). Peter Pete (2006): New Regulatory Typology in the Age of TechnologicalConvergence: A Case of Telecommunication Licensing in Kenya

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Some of the Masters Theses and projects I am currently supervising include thefollowing:

(1) Lilian Abishai (2009): Alternative Electoral Disputes Resolution for aSustainable Democratic Government in Kenya: Is this the Way Forward?

(2) Francis Ang’ila Aywa (2009): Electoral Laws as Regulator of PoliticalCompetition: An Examination of its Efficacy in Kenya.

(3) Debra Wanjiru Gichio (2009): An Overview of the TRIPs Agreement onPatenting 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 studentssince 1997. Some of the undergraduate since my last promotion on January 26, 2006are the following:

(1). Japheth Odhiambo (2009): Rural Renewal as a Right to SustainableDevelopment in Kenya Integrating Land Use and Agrarian Policy Reformsinto Rural Development

(2).Wilson Mwihuri (2009): Consolidating the Regulatory Framework forFinancial 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 Questfor a Public Key Infrastructure f or E-commerce.

(6). Culent Lunyolo (2008): The Constitutional Powers of the Attorney General inKenya.

(7). Sang Kipyego (2008): Historical Injustices in Public Service Appointments:1963-2008 and Beyond.

(8). Aron Ambia (2007): Constitutionalizing and Legislating Good CorporateGovernance in Kenya: The Challenges and Prospects .

(9). Lorraine Ogombe (2006): Parallel Importation and the Law in Kenya .

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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, SchoolBoard of Examiners, University of Nairobi School of Law.

- Chair, School Management Team, consisting of Chairs of Departments, Chairs ofCommittees, 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 ViceChancellor, 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, Administrationand 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 SocialSciences (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 UoNICT policy.

Member of the Senate Committee on Intellectual Property – led drafting ofUoN IP Policy; took part in interviewing short -listed applicants for thepost of Intellectual Property Officer for the University, 2007; reviewedplant 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 theCollege Management Board subcommittee on teaching, research and utilisation ofspace, 2008/2009 (appointed by Prof Isaac M. Mbeche, approved by CMB) .

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7. Member, College Academic Board, (CAB), 2004-

8. Member, Appointments and Promotions Committee (A&C) – various panels at theUniversity of Nairobi and at the Kenya Polytechnic University College (since 2004)

9. Chairman, Commercial Law Department, University of Nairobi Law School, Februa ry9, 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 ComparativeConstitutional Law, Widener University, US/Nairobi International L aw Institute, (aprogramme of Widener University and University of Namibia) 2005 and 2009 -

13. Chair of the Examinations Committee, University of Nairobi Law School, October2005 – 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 theproposed collaboration between University of Nairobi Law School, the VanderbiltUniversity School of Law and the World Intellectual Property Organisation (WIPO) forthe establishment of an exchange programme in Intellectual Property between theUniversity of Nairobi Law School and Vanderbilt University School of Law, January2006.

17. Moderated Kenya Law Students Society (KLSS) debate on the Draft Constitution ofKenya 2005, the subject a referendum scheduled for November 21, 2005; commendedby both sides for being fair.

18. Acting Dean: diverse dates , April 2004 – January 29, 2009, University of NairobiLaw School, Nairobi, Kenya.

19. Appointed External Examiner, Strathmore University, Kenya;

20. Acting Chair, Faculty of Law Examinations Committee – reformed andinstitutionalised exam processing;

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21. Promoted to Lecturer, Department of Pri vate Law: subjects taught: IntellectualProperty, 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 aservice 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 LLMcourses in these programmes, and to co -draft materials for the core course of Law inDevelopment: August 7, 2003.

24. Faculty ICT Committee, and to the Faculty Academic Programmes and AdmissionsCommittee. (2003-2009).

25. Coordinator or convenor of LLM Programmes in Intellectual Property, and LawScience 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- October30, 2000).

G. ACHIEVEMENTS AS DEAN LAWAs the Dean Law since January 29, 2009, I have initiated or overse en the followingdevelopments in the School of Law, among others:

1. Established and streamlined processes and systemsThe Office of the Dean established and restructured management systems in the form ofcommittees for efficient and effective management of the School. These committeesinclude the Postgraduate and Publications Committee, Mentoring and Internship, the ICTCommittee, and restructured Examinations and Evaluations Committee, and anempowered Academic Programmes Committee.

2. School academic environmentPromoted an environment that is academically friendly that has facilitated teaching andlearning 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 andcolloquia are active.

3. Consultative and collegial management of the SchoolWe have the School community in continued consultation for efficient management ofthe School; student, staff, and other stakeholders actively participate in relevant act ivitiesand decision-making processes.

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4. Institutionalizing tradition and change: memory, legacy and the futureAs Dean Law, I have initiated programmes to institutionalize the rich academic traditionthat 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 forthe 40th Anniversary of the School in 2010, including strategic planning f or thefuture.

iii. Facilitating the establishment of The Okoth -Ogendo Land Policy Centre inhonour of Prof HWO Okoth-Ogendo, a Co-founder of the UoN Law School, andthe Guru of Land Law, and Kenyan and African Constitutionalism, who passed onon April 24, 2009. In addition, the School, under my deanship, shall participate inpublications 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, andConstitutional Reforms in Kenya in memory and as part of th e legacy of ProfOkoth-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 fromacademics at University of Nairobi Law School.

2. “Copyright law in Kenya,” International Review of Intellectual Property andCompetition Law, Journal of the Max Planck Institut e for Intellectual Property,Competition and Tax Law, Germany, (in press, 2009) edited by Prof WilliamCornish, Prof Paul Goldstein et al (refereed).

3. “Kikoy and the commercial exploitation of geographical indications and traditionalknowledge 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

www.innovativelawyering.com

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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 BarAssociation, London (refereed).

6. “Intellectual property, quality assurance and ISO in Kenyan universities,” LawSociety 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 Propertyand Competition Law , Volume 38, 6/2007, pg 648–658, Journal of the Max PlanckInstitute for Intellectual Property, Competition and Tax Law, edited by ProfWilliam Cornish, Prof Paul Goldstein et al (refereed).

8. “Intellectual property and innovation in Kenya: legal and regulatory issues inbusiness incubation,” in Prof Bernard Aduda (ed) Science and Technology ParkDevelopment for Sustainable Industrial Growth, Jomo Kenyatta University ofAgriculture and Technology , Proceedings of the National Workshop inCommemoration of the Scientific Revival Day of Africa, June 2004, KenyaNational Academy of Sciences (KNAS), Nairobi, pp. 41 -58. (refereed).

9. “Intellectual property for innovation and industrialization in Kenya,” in Proceedingsof 2006 JKUAT Scientific, Technological and Industrialization Conference,Harnessing Scientific and T echnological Synergies for Innovation andIndustrialization, 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 21stCentury,” 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 AllEFA 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 theEast African Law Journal , Vol. 2, 2005 (published 2006) (SOJ/EALJ/123/06)(refereed). Advisory Board: Prof H.W.O. Okoth -Ogendo, Prof Patricia KameriMbote, Justice Prof J.B. Ojwang.

13. “Kenya’s pyrethrum export under pressure” Biotechnology and Development ,Monitor, The Netherlands, p. 11 (refereed).

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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 2pp. 1- 8 [Institute of Economic Affairs (IEA)].

16. “Technology transfer, intellectual property rights and bio -safety: strategies forimplementing the Convention on Biodiversity,” in AgBiotech News andInformation, 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 Northand South” Media Development Journal of the World Association for ChristianCommunication (London) Vol. XL, pp. 20-21 (refereed).

18. “Biotechnology and the environment: ethical and intel lectual property rights issuesin 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 MoniWekesa and Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya , Konrad-Adeneur-Stiftung, Nairobi, pp. 133-176 (peer reviewed). Printed on October 23, 2009and launched on November 10, 2009, at Panafric Hotel, Nairobi.

2. Sihanya, Ben “Combating Counterfeit Trade in Kenya” in Prof Moni Wekesa andBen Sihanya (eds) (2009) Intellectual Property Rights in Kenya , Konrad-Adeneur-Stiftung, Nairobi, pp 207-266 (peer reviewed). Printed on October 23, 2009 andlaunched on November 10, 2009, at Panafric Hotel, Nairobi.

3. Sihanya, Ben and Duncan Okello (2009) “Constitutional Politics of the MediationProcess and the Outcomes” (forthcoming 2009) in Dr Karuti Kanyinga and DuncanOkello (eds) Election 2007 Democratic Gains and Gaps , Institute of DevelopmentStudies (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 healthsector,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and

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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 educationsector,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health andWomen’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 inKenya for socio-economic and cultural development,” in Dr George Outa, EricAligula, Florence Etta (eds) Mainstreaming ICT in Kenya: Research Perspectivesfrom Kenya, IDRC and Mvule Africa (peer reviewed).

8. “Patents, parallel importation and compulsory licensing of HIV/AIDS drugs inKenya,” study under the auspices of the World Trade Organisation (WTO) andAdelaide University, a Chapter in Peter Gallagher, Patrick Low, and Andrew L.Stoler (eds) Managing the Challenges of WTO Participation , Cambridge UniversityPress, 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 andconsumers 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 (peerreviewed).

11. “Implementing the Model Law for Consumer Protection in Africa,” in Prof Sothi S.Rachagan (ed.) Consumer Protection in the WTO Era International Association ofConsumer Law (IACL), Universite Catholique de Louvain -La-Neuve, Belgium(1999): peer reviewed by IACL members - Consumer law professors in fivecontinents and other experts (peer reviewed).

12. “Regulating Internet business in Kenya,” Chapter in Prof H. R. Mgombelo & MrM.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 andtechnological capacity building,” in Dr W. V. Reid, et al. (eds.) BiodiversityProspecting: Using Genetic Resources for Sustainable Development WorldResources Institute (WRI), et al. Washington, DC, pp.199-221 (peer reviewed).

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H. (iii) Books edited

1. Prof Moni Wekesa and Dr Ben Sihanya (eds) (2009) Intellectual Property Rights inKenya, 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 andWomen’s Rights in Kenya, Action Aid International Kenya, Nairobi (peerreviewed).

3. Priscilla Kanyua, Philip Kichana & Ben Sihanya (eds) (2004) Constitutional CasesDigest Kenyan Section the International Commission of Jurists (ICJ), Nairobi (peerreviewed).

4. Judicial Reform in Kenya, 1998 -2003, Kenyan Section of the InternationalCommission 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 ResearchAgenda)

1. Constructing Copyright and Creativity in Kenya: Cultural Politics and the PoliticalEconomy 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 Technologyfor Sustainable Development (being edited, due 2010)

3. Integrating Innovation and Intellectual Property into th e Kenya Constitution studyand presentation prepared pursuant to the constitutional review process under theauspices of the Constitution of Kenya Review Commission (CKRC) (22/3/2002);peer reviewed at Institute of Economic Aff airs (IEA); being used by Nor th westernUniversity Students (USA) (peer reviewed).

4. How can we constitutionalize innovation, technology and intellectual property inKenya? African Technology Policy Studies (ATPS) Technology Brief No. 2(Nairobi) (February 2002); peer reviewed by ATP S (Dr Osita Ogbu, etc.) beingused to teach MSc and BA/BSc innovation classes at Jomo Kenyatta University ofAgriculture and Technology (JKUAT) and Kenyatta University (KU), by ProfHenry Bwisa and Prof. G. Msangi, respectively (peer reviewed).

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5. Sihanya, Ben (ed) (2008) The Impact of IMF Policies on Education, Health andWomen’s Rights in Kenya, Action Aid International Kenya, Nairobi (peerreviewed).

6. Sihanya, Ben (2008) Evaluation of the Automation of the Kenya Industrial PropertyOffice: Impact, Challenges and Opportunities , World Intellectual PropertyOrganisation (WIPO), Geneva (peer reviewed).

7. Vicky Kattambo & Ben Sihanya Social Security Law in Kenya Monograph inKluwer Law International’s International Encyclopaedia of Laws , Kluwer, TheHague (Jan. 1999) (peer reviewed).

8. The State of Consumer Law in Kenya Public Law Institute (PLI), Nairobi (addressesIP, telecoms law, trade and investment) (1997); peer reviewed by Mr E.M NdirituSenior Lecturer, University of Nairobi Law School, Dr Oki Ooko-Ombaka, SJD(PhD) (Harvard) and Director PLI; Class text book used by Mr Yash Vyas inConsumer Protection class, University of Nairobi Law School (peer reviewed).

9. Model Law for Consumer Protection in Africa Led six researchers in drafting andpresenting the Model Law to African Consumer Leaders Conference, Harare,Zimbabwe (April 28-May 2, 1996). Peer reviewed and published as such byConsumers International Regional Office for Africa (CI -ROAF); also published bythe United Nations, New York (peer reviewed).

10. Protecting Refugee Rights in Kenya International Commission of Jurists (KenyaSection) (1998) (peer reviewed).

11. Draft Media Bill, 1998 for Friedrich Ebert Stiftung and Kenya Union of Journalistson communications and the media; Presented to the Nati onal Task Force on MediaLaw (April 1998) (peer reviewed).

12. Draft Model Competition Law for Africa Prepared for Consumers InternationalRegional Office for Africa (CI-ROAF), Harare, Zimbabwe (1997).

13. Dr Calestous Juma & Ben Sihanya (1989) Towards Industrial Property Protectionin Kenya: Policy Options and Strategic Approaches Policy Paper for NationalCouncil for Science and Technology (NCST); it constituted the basis for theIndustrial Property Act, 1989 and 2001, which make provision for promoting thesocial, innovator and consumer interests in technology; peer reviewed by Prof JBOjwang, Dr Ben Majisu, etc.

14. Promoting and protecting technology in Kenya Rapporteur’s Report for NCSTseminar on the Industrial Property Act, 1989 (December 1989), peer reviewed byDr Ben Majisu, etc.

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15. Kenyan Elections, 1997: An Assessment of the Functioning of the MultipartyPolitical System in Kenya : The Constitutional, Legal, Political and AdministrativeImpediments and Prospects Study prepared for and published by ICJ (Ken yaChapter (December1997); peer reviewed.

16. Ben M. Sihanya, with Moses Kakoi, and W. Ngaira , Draft Cultural Policy for theRepublic of Kenya Policy paper prepared for the Ministry of Culture and SocialServices 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 Managementin Kenya: Long-term Strategic Approaches Monograph Prepared for the UnitedNations Development Programme (UNDP), Nairobi, 1992.

18. Regulatory Regimes Governing NGOs in Kenya Monograph for the DatabaseProject on NGO Laws and Regulations conducted by the International Center forNot-for profit Laws (ICNL) and the World Bank, Washington, DC. It was also oneof the background reports for the Joha nnesburg Conference on An EnablingEnvironment for Civil Society (September 16 -20, 1996); peer reviewed by ProfKarla Simon of ICNL & Columbus University , Dr Edward A. Yansah of OxfordUniversity, etc.

19. Ann Kyalo and BM Sihanya (1993) Three Legal education and legal awarenessbooklets in English and Kiswahili on The Kenyan Legal System, The Law ofMarriage, and The Law of Succession, commissioned and published by the BritishHigh 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 changingdiplomacy 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 traditionalknowledge in Kenya,” Law Society of Kenya (LSK) Magazine, The Advocate (peerreviewed).

4. “Negotiating intellectual property in Seattle and beyond: strategies for protectingSouthern trade and development interests,” Working paper presented at the SouthernSeminar for the WTO Millennium Round, MS -Training Centre for Dev. Co-operation(MS-TCDC), Arusha, Tanzania, October 18 -22, 1999; revised and published in EcoNewsAfrica, Oct. 1999, pp. 6-8.

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5. “The [Kenya] Communications bill and the media,” Economic Review (Nairobi) May12-18, 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, solicitedreport 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 ofthe [ICJ] Mombasa Seminar ,” Rapporteur’s critique of the ICJ (Kenya Chapter) Seminaron 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 andSustainable Development Vol.2 No. 3 September 1992 , African Centre for Technologystudies (ACTS) September 1992, p.7.

15. “Environmental concern grips world community” Daily Nation (Nairobi) December12, 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).

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19. “Law, religion and politics: is the alliance sustainable?” Sheria, Issue No. 1 (August1989) (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 SmallScale Farmers in Developing Countries by Hans Brouwer, Eric Stokhof and Joske F.G.Bunders (eds.), VU University Press, Amsterdam, 1992, in EcoNews Africa, Circular onEnvironment 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 inWeekend Mail (Nairobi), August 21, p. 4.

4. “Let’s take charge of our resources” (1992) Book review of Dr Calestus Juma andProf J.B. Ojwang’s Technology transfer and sustainable development African Centre forTechnology Studies (ACTS) Nairobi (1992), in Weekend Mail (Nairobi) September 18.

5. “Liberty and limitations: a critical look at the party question and governmentaccountability,” review of Prof JB Ojwang’s (1990) Constitutional Development inKenya: 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, inIndustrial Review (Nairobi), May 1990.

I. DISCUSSION PAPERS, CONFERENCE PAPERS AND RELATEDRESEARCHES (INCLUDING REPORTS)

1. “Reconstructing the Kenyan Constitution and State: lessons from German andAmerican constitutionalism,” Presentation at the 60 Years of GermanConstitutionalism – Constitutional Debate in Kenya, Organized by th e GermanAcademic Exchange Service (DAAD) Regional Office for Africa, at the University ofNairobi, Main Campus, Kenya, October 22, 2009.

2. “Cyber-regulatory co-ordination in East Africa: the Kenyan case,” Paper presented atthe East African Internet Governance Forum, Jacaranda Hotel, Nairobi, September 8,2009.

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3. “Legal processes and procedures in Kenya: an audit on women’s position,” paperpresented at the African Women’s Study Centre Conference of the University ofNairobi, 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 PresidentBarack Obama’s Speech in Ghana on Africa, organized by the US Embassy, at theIntercontinental Hotel, Nairobi July 11, 2009.

5. “The Procurement Act: history, challenges and opportunities,” Presentation to theUniversity of Nairobi Enterprise Services (UNES) and the Public ProcurementOversight Advisory Board (PPOAB), June 3, 2009.

6. “Mentorship in the legal profession: the role of the pupil master ,” training for Councilof 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 IMFPolicies on the Right to Health,” training on Economic literacy training conductedunder 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 Impactof IMF Policies on the Right to Health,” training on Economic literacy trainingconducted under the auspices of Action Aid Kenya, 23-27 March 2009, RoastersHotel, Nairobi.

9. “Business modernization of IP institutions in Kenya and Africa: use of informationtechnology in IP management,” presentation at the Inter -regional forum onDevelopment and Service oriented IP administration held at the World IntellectualProperty Organisation (WIPO) headquarters in Geneva, July 1 -2nd, 2008.

10. “Democratizing the electoral process,” Presentation at the Law Society of KenyaConference, 27th -30th August 2008, Leisure Lodge Resort, Mombasa.

11. “Copyright for non-fiction authors” A presentation for the Kenya Non -FictionAuthors Association (KENFAA), January 26, 2008, Kenya National Theatre, Nairobi.

12. “Intellectual property and quality assurance in Kenyan universities,” a paperpresented at the 2nd International Conference on Quality Assurance in HigherEducation organised by the United Nation s Education, Scientific and CulturalOrganisation (UNESCO), Zimbabwe Cluster Office, in Dar es Salaam, Tanzania,September 17-19, 2007.

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13. “Intellectual property and e -learning in Kenya,” Paper presented at the 2 nd

International Conference on ICT for Develo pment, Education and Training, SafariPark Hotel, Nairobi, May 28-30, 2007.

14. “Intellectual property in business and development in Kenya,” presentation atworkshop 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 aWorkshop on the Freedom of Expression of the Media organised by the InternationalCommission 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” paperpresented to the Training Workshop for Performing Artists organised by the KenyaCopyright Board and the Society for Performing Artists of Kenya (SPAK), TheKenya National Theatre, Nairobi, April 20, 2006.

17. “Inequalities in human rights, constitutionalism and legal practices: What are the keyissues and how can policy respond?,” A discussion paper presented to the workshopon Sectoral Dialogues on Inequality: Perspectives from Legal, Con stitutional andGovernance Dimensions, Workshop organised by the Society for InternationalDevelopment (SID), Hotel Inter -Continental, Nairobi, April 18, 2006.

18. “Intellectual Property and Innovation in Kenya: Legal and Regulatory Issues inBusiness Incubation,” a paper presented to the National Workshop inCommemoration of the Scientific Revival Day of Africa, organised by the KenyaNational Academy of Sciences, June 2004 .

19. Dr Ben Sihanya & Dr Osita Ogbu, On technology transfer: TRIPS leaves Africa inthe 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 teachingand learning materials, intellectual property, ICT and gover nance,” A discussant’sperspective on “The legal framework of education in Kenya” (A presentation by ProfHWO Okoth-Ogendo), Presentation at the National Conference on Education andTraining: 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 trainingworkshop 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.

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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 onKenya of the intellectual property regime under the Agreement on Trade RelatedAspects of Intellectual Property Rights (TRIPs), 2003.

23. “Law reform and legislative drafting in Kenya in comparative context: institutionalsynergies and capacity building at Kenya Law Reform Commission (KLRC) and A -G’s Chambers,” Working paper presented at the Kenya Law Reform Commiss ionStrategic Planning Workshop, Whitesands, Mombasa, January 29 -30, 2004.

24. “Open sources and access to software and cyberspace in Kenya,” Paper presented atthe Stanford-UC Berkeley (April 2001) Conference on Democratization in Africa.

25. “Copyright’s fortunes: brought from Britain, copied for Kenya,” Coursework essayunder Prof. Paul Goldstein; obtained distinction; work in progress.

26. “Intellectual property confronts counterfeiting in Africa: protecting innovators andconsumers in the cybersociety,” Presen tation at International Association ofConsumer Law (IACL) Conference, Helsinki (May 1999).

27. “Negotiating royalties between breeders and seed merchants in Kenya: strategicconsiderations,” 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 theIDRC-coordinated book on ICT development in Kenya: history and personalexperiences.

29. Harmonization of the Legal Fram ework on Education, Training and Research. ViceChair, and Member of the National Task Force on the Review and Harmonisation onEducation, Training and Research Law in Kenya, January 2006 –November 2008(Appointed by Prof George Saitoti, the Minister of Education, Science andTechnology).

30. Legislative Reforms for Electronic Transactions in Kenya: Policy and StrategicOptions report presented to the Office of the President, Directorate of e -Governmentand 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 ofPlanning and National Development, spo nsored by the UN Development Programme(September 2003)

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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 forAfrican Technology Policy Studies (ATPS) network (Oct. 2001).

34. “Innovation, technology transfer and intellectual property: making the link inconstitutional 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 inKenya,” 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 EconomicAffairs (IEA) public forum, Nairobi (August 15 th, 2001).

37. “Litigating Y2K insurance problems in Kenya: legal liability for the millenniumchallenge,” Working paper presented at the British Council’s BICA -KenyaConference 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 tthe Kenya Plant Breeders Association Workshop, Kenya Plant Health InspectorateServices (KEPHIS), Offices, Nairobi, October 7, 1999.

39. “Enhancing consumer participation and representation in Africa,” Paper presented atthe 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 ertyOrganisation (WIPO), Geneva and the Kenya Intellectual Property Institute (KIPI).

41. Y2K Legal Guidelines for Kenya ; and Elements of Kenya’s Policy on Y2K Report tothe national Y2K Steering Committee and National Y2K Co -ordination Centre,Nairobi (November-December 1999). (Published as a special issue of theGovernment of Kenya’s Gazette)

42. The Y2K Bill, 1999 Draft Bill prepared under the auspices of the National Y2KSteering Committee and the National Y2K Co -ordination Centre, Nairobi (Nov. -Dec.1999)

43. The Copyright Bill, 1999: Some Comments and Proposals Solicited comments to theOffice of the Attorney General, Nairobi (November 1999).

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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 atthe Institute of Nuclear Science Workshop on IT, Nairobi, August 17, 1999.

46. Regulating Internet Services in Tanzania and Regulating Payphone Services inTanzania Consultancy reports for Tanzania Communications Commission, Dar esSalaam (Jan. 1999).

47. Establishing Nestlé’s liaison office in Tanzania and the Status of Nestle East AfricaLtd.: a legal opinion An investment opinion for Nestle Foods (K) Ltd. (October1998).

48. “Apportioning legal liability and litigating the Y2K problem in Kenya” Workingpaper presented at the University of Nairobi’s Institute of Nuclear Science Workshopon the Y2K Problem (June 1998).

49. “Strategies for strengthening consumer protection in E. Africa,” Commentary onproposed Uganda Consumer Protection Bill for Uganda Consumer ProtectionAssociation (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 theNetherlands (1997).

51. “Implications of the Kenya Communications Bill, 1997 for the Media,” Paperpresented 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 andStrategic Considerations Consultancy Report for the Kenya Community MediaNetwork (KCOMNET), Nairobi, April.

53. B. Sihanya & L. Mute (1997) Draft Community Broadcasting Bill Draft Sample Billfor KCOMNET, Nairobi, April.

54. L. Mute & B. Sihanya (1997) Code of Conduct for Community Broadcasting SampleCode of Conduct for KCOMNET, Nairobi, April; Presented (with Lawrence Mute)the policy document, Code of Conduct, and the Bill on Community Broadcasting tothe national Task Force on Media Law (prepared as consultancy reports forKCOMNET) (April 24, 1997).

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55. “The Draft Telecoms Act, 1996: Critical issues in regulatory policy,” Consultancyreport 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 andinvestment regulation,” Research paper submitted to the LLM Programme, Universityof 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 forAfrica Online, Inc., Boston, US and Nairobi. (April 1996).

60. “Technological convergence and regulatory dilemmas in Kenya: the case ofmultimedia systems in development,” Paper presented at the First NationalConference on IT, KICC, Nairobi, November 29 -December 1 (1995).

61. “Technology transfer in the development process in Kenya: issues in regulation andcompetition 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 combatdesertification,” Presentation at the EcoNews Africa/Climate Network AfricaWorkshop of Networking and People’s Empowerment through Information in EastAfrica (August, 1993), Kolping Guest House, Nairobi.

63. “The legal status and regulation of NGOs in Kenya” (1991) Consultancy paperpresented 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 KenyaProfessional Business Women’s Seminar in Nairobi by Ms Anne Kyalo).

64. “Human rights in Kenya: constraints and prospects” (1991) Paper read (by Ms AnneKyalo) at the Commonwealth Human Rights Conference, Harare, Zimbabwe, October10 -14.

65. “Publishing agreements and copyright law,” Seminar presentation to African Centrefor Technology Studies (ACTS)/Initiatives Limited Staff (October, 1990)

66. “Environmental safety and occupational health in biotechnology research anddevelopment in Kenya: policy, legal and institutional issues ,” Policy paper for theAfrican Centre for Technology Studies (ACTS), Ju ly/August 1991.

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67. “Environmental ethics,” Policy Outlook Paper for the African Centre for TechnologyStudies (ACTS) (October 1990).

J. LAWYERING AND ADVOCACY

1. December 2006-: Acted for Universities Academic Staff Union (UASU) in the caseUniversities Academic Staff Union v. Inter-Public Universities Councils’ ConsultativeForum (IPUCCF), this was an industrial action to secure improvement in the terms andconditions of public lecturers .

2. April 2005-: Gave expert opinion to court in the case of R. v. Joseph Munga oncopyright infringement by digitization. The accused was acquitted. Kaplan & StrattonAdvocates 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 theChair of the coalition (who is a sitting President) …. Before Nyamu J.

4. February 2004: Consulted for National Rainbow Coalition (NARC), Kenya’s rulingcoalition, on coalition building and constitutional process (Nanyuki II).

5. November 2003-: Acted for Universities Academic Staff Union (UASU) inexecuting an industrial action to secure improvement in the terms and conditions ofpublic lecturers; also acted for UASU in labour and related matters to secureprofessionalism in university education, training and research.

6. Consulted for African Population Health and Research Centre (APHRC) on intellectualproperty law, contract and labour matters.

K. HONOURS AND AWARDS

1. Selected as one of the Top 100 Educators, 2009 , published by the InternationalBiographical 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) forcontributing to the advancement and development of the company secreta rialprofession in Kenya, April 7, 2006.

5. Citation for excellent and diligent editing and facilitation at the launch anddissemination workshop organised by the Centre for Law and Research International

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(CLARION) to launch the book entitled Control of Corruption in Kenya: Legal andPolitical 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 consistencyand 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 NairobiLaw School, July 2, 2004

9. Fulbright Scholar: 2000-2003 (Stanford); doctoral studies in copyright and culturalcreativity.

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 TRAININGCONDUCTED

1. Adjunct Professor of International Intellectual Property Law and ComparativeConstitutional Law, Widener University, US/Nairobi In ternational Law Institute, (aprogramme of Widener University and University of Namibia) 2005 and 2009-

2. Taught African regional experiences on Trade Related Aspects of IntellectualProperty (TRIPs), University of Swaziland, Trade Policy Training Programme, July16-17, 2009.

3. Taught Comparative Constitutional Law under the Nairobi International LawInstitute (of the University of Nairobi and Widener University, USA), June – July2009.

4. Panelist on the Implications of US President Barack Obama’s speech and policystatement of July 11, 2009 in Ghana, on Kenya and Africa generally, under theauspices of the US Embassy, Hotel Intercontinental, Nairobi; July 11.

5. Consultations among and Training of Trainers at a WTO Workshop and Trainingon Regional Trade Policy Course (RTPC) for Engl ish Speaking African Countriesheld at WTO Headquarters , Geneva, Switzerland on June 16–18, 2009.

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6. “Legislative reforms for increasing access to knowledge,” paper presented at theNational Stakeholders Workshop on Copyright Exceptions and Limitations forEducation and Research Environments, under the University of Witwatersrand andCentre for Public Interest Law (CEPIL), Accra, Ghana, July 1, 2009.

7. “Copyright exceptions and limitations: an introduction,” paper presented at theNational Stakeholders Workshop on Copyright Exceptions and Limitations forEducation and Research Environments, under the University of Witwatersrand andInnovative Lawyering, Nairobi, Kenya, May 22, 2009.

8. “Impact of IMF Policies on the Right and Access to Education,” Economic liter acytraining 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 literacytraining 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 literacytraining 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 literacytraining 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 Authorityofficials 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 ofKenya Annual Conference, Mombasa, 27 -30 August, 2008.

14. “Business modernization of IP institutions in Kenya and Africa: use of informationtechnology in IP management,” presentation at the Inter -regional forum onDevelopment and Service oriented IP administration held at the World IntellectualProperty Organisation (WIPO) headqu arters, Geneva, July 1-2, 2008.

15. “Copyright for non-fiction authors,” a presentation for the Kenya Non -FictionAuthors Association (KENFAA), January 26, 2008.

16. “Intellectual property and quality assurance in Kenyan universities,” a paperpresented at the 2nd International Conference on Quality Assurance in HigherEducation organised by the United Nations Education, Scientific and CulturalOrganisation (UNESCO), Zimbabwe Cluster Office, in Dar es Salaam, Tanzania,on September 17-19, 2007.

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17. “Intellectual Property and E-learning in Kenya,” paper presented at the 2ndInternational Conference on ICT for Development, Education and Training, SafariPark 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 BasicPrinciples 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 theKenya 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 RaoulWallenberg 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 atworkshop on Anti-Counterfeiting and Intellectual Property Strategies in Kenya onSeptember 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 BasicPrinciples for English-Speaking African Region, September 4 - October 13, 2006.

23. Trained on African regional experiences on Trade Related Aspects of IntellectualProperty (TRIPs), University of Namibia, WTO/UNAMI Regional Trade PolicyTraining Programme, August 2006.

24. “Foundations of Democracy,” paper presented at the Workshop on Foundations ofDemocracy, 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 curriculumdevelopment, under the auspices of the Kenya National Commission on HumanRights (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 NairobiManagement 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.

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28. “Copyright for librarians in the Internet age,” training for librarians anddocumentalists on Kenyan, American and international copyright under theauspices 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 trainingworkshop of Kenya Civil Society World Summit on Information Society (WSIS)Caucus (Arid Lands Information Network (EA), Kenya School of MonetaryStudies, Nairobi, Nov 17, 2003.

30. “Copyright enforcement in Kenya,” Presentation at workshop to train Governmentofficials 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 CopyrightTribunal,” Report of a Stakeholders ’ Copyright Conference organized by theAttorney General’s Chambers, October 4, 2002.

M. GOVERNMENT OF KENYA: LEGAL CONSULTANT (1989 -) (See also Nbelow)

1. Chair to the Competent Authority (The Copyright Tribunal) vide Gazette NoticeNo. 6385 of June 26, 2009. This is a quasi-judicial body that hears appeals from theKenya 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 TradeNegotiations (KEPLOTRADE II), Preparation of Kenya’s position to the EU’s drafttext on EU/EAC EPA, on intellectual property rights, May 18 -22, 2009.

3. Consultant for the Kenya Industrial Property Institute (KIPI) and World IntellectualProperty 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 andHarmonisation on Education, Training and Research Law in Kenya, January 2006 –November 2008; Appointed by the Minister of Education, Science andTechnology); Report: Harmonization of the Legal Framework on Education,Training and Research.

5. Facilitator at the Electronic Transactions Workshop, Mombasa, Sponsored byUNDP and the Directorate of e -Government, held at the Whitesands Hotel, KenyaNovember 13-15th 2006. Also prepared a report which served as roadmap to theenactment of an e-transaction law and reforming ICT law in Kenya.

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6. Consulted for the Committee of Eminent Persons (COEP) on the ConstitutionReview Process (April 2006). My task was to carry out an analysis of the historicalroadmap 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 andTraining and Human Resources Committee.

8. Drafting amendments to the Copyright Act, 2001, in the Legal Affairs Committee ofthe 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 (October2005), at the invitation of the Permanent Secretary.

10. Mainstreaming ICT in Kenya, co -legal consultant, commissioned by the Ministry ofPlanning and National Development (MPND) to draft policy and legal guidelines tofacilitate an ICT enabled Kenyan future, January 2005-

11. Human rights training of Senior Government officials – a project of the KenyaNational Commission on Human Rights (KNCHR), January 2005 -

12. Ministry of Education Science and Technology, Workshop on Validation of theReport of the National Education Conference Report of November 2003 (2004)

13. Kenya Law Reform Commission (KLRC) and Kenya Institute of Public PolicyResearch and Analysis (KIPPRA), researcher and moderator on reforming Kenya’sbusiness laws, (including working paper: “Reforming Substantive Business Laws inKenya,” from October 15 -17 2004

14. Moderated Intellectual Property (IP) law training of Public and Private sectorparticipants (lawyers) for the Ministry of Justice and Constitutional Affairs and theRome based International Development Law Organisation (IDLO), September 27 -30, 2004. This was through video conferencing (Rome -Nairobi-Kampala) andlectures/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 Justiceand Constitutional Affairs, and the Legal and Justice Sector Generally, to FacilitateAccess to Justice, a Government of Kenya (esp. KLRC), and European UnionProject implemented under the aus pices of BiRD, Matrix and GOPA, aninternational research consortium, 2003 -2004.

16. Copyright law reform and enforcement (Attorney General’s Office), 1999 -

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17. Kenya Copyright Board – member, as an expert from 2003-; co-drafted CopyrightRegulations, 2003

18. Discussant and resource person on education and training law (Ministry ofEducation, Science and Technology’s national conference on education, andworkshop 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 onMedia Law, appointed by the A-G.

21. Co-drafted Industrial property pol icy (National Council for Science andTechnology), 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 Governmentof Kenya/UNDP).

N. INTERNATIONAL, INTER GOVERNMENTAL CORPORATE AND OTHERCONSULTANCIES (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 forSocial and Economic Justice, and Redrafting the Model Law for ConsumerProtection 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 andCommunication 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. DraftKenya Country Review and Executive Policy Brief on the ACA2K, October 1,2007 – January 31, 2010 (ongoing).

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5. “Copyright law relating to court reporting,” Press Law Seminar for CourtReporters, organized by the Council for Legal Education (CLE) and the KenyaSchool of Law (KSL), at Karen, on October 8, 2009.

6. Chief Examiner, Parliamentary Select Committee on the Review of theConstitution, Examination of Candidates for the Positions of Judges in the InterimIndependent 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 InternationalMonetary Fund (IMF) Macroeconomic Policies on Education, Health and Women’sRights in Kenya, Action Aid International Kenya, Nairobi , September 2008 - March27, 2009 (peer reviewed and published; being translated into French ).

9. Legal Advisor on matters of law in various criminal law and procedures in humanrights cases relating to women and children, Womens Rights AwarenessProgramme (WRAP), Nairobi, since September 2008. (The tasks included draftinglegal opinions).

10. Appraisal of Agenda 4 as a Way Forward Toward Achieving Accountability andGood 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 TransitionalConstitutional Framework, Citizens Coalition for Constitutional Change (4Cs),Nairobi, February-March 26, 2008.

13. Monitoring an eTraining Course on Introduction to the WTO for governmentofficials from developing countries, World Trade Organization (WTO), Geneva,,2006-2007.

14. Report on establishing a peer review mechanism for the Institute of CertifiedSecretaries (ICPSK), ICPSK, Nairobi, Sep tember 2007; February 2009.

15. Review of the Nairobi Metro 2030 Strategy, Kenya Institute for Public PolicyResearch and Analysis (KIPPRA), October 2008.

16. Constitution of Kenya (Amendment) Bill, later Act 2008, Introducing theCommittee of Experts to Amend the Constitution of Kenya, Law Society of Kenya

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(LSK) Constitutional Review Committee and Ministry of Justice, NationalCohesion 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, PhDdissertations, 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 PaulGoldstein and Stanford Law School on the deba te on rights, limitations andexceptions, ”

- Intellectual Property and Innovation in Africa: Transferring Technology forSustainable Development (draft book; forthcoming).

- Constructing Copyright and Creativity in Kenya: Cultural Politics and the Politica lEconomy of Transnational Intellectual Property; doctoral dissertation, Stanford LawSchool (forthcoming).

- Copyright law and the cultural industries in Kenya, 1895 -2003: political economyand construction of intellectual property (forthcoming).

- Opening Sources for Kenya’s Development: The Discourse on Intellectual Propertyand Technology Transfer in Access to Software and Cyberspace JSM thesisStanford 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 economyand the construction of intellectual property (forthcoming)

- Opening Sources for Kenya’s Development: The Discourse on Intellectual Propertyand Technology Transfer in Access to Software and Cyberspace JSM thesis,Stanford Programme of International Legal Studies (SPILS), Stanford Law School(August 2001) (draft book).

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- 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, andlegitimacy in Kenya’s constitutional review, 1963 -2007” (or presidential v. judicialand 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, andaccreditation 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).

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5. Information and Communications Technology Law in Kenya

- “ICT regulation in Kenya: a personal testament,” (forthcoming), contribution to theIDRC coordinated book on ICT development in Kenya: history and personalexperiences.

6. Poetry writing: in the quest of identity; mentoring and education for leadershipand 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 thefollowing:

i) Co-developed the negotiating and litigation strategy for UASU.

ii) Acted as legal advisor to the UASU negotiating team, while negotiating the terms andconditions 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 andLosses,” Public Debate on Proposed Draft Constitution, invitation by UniversitiesAcademic Staff Union, (UASU) (University of Nairobi), Friday, September 23, 2005.

2. Public Law Institute, a public interest litigation and human rights NGO. ProgrammeOfficer, 1993-1998:

3. Implemented the Institute’s Consumer Justice Program me, and helped develop theProgramme for 1998-2001, which focused on governance, human rights, genderequity, 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 ofthe Mombasa Legal Aid Scheme for the underrepresented and unrepresented;

(ii) Training of pupil and court clerk;

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(iii) Administered a Paralegal Training Programme in Kwale District (Mwaluphamba andMkongani 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 meritopening of files;

(vi) Offered advice and technical assistance on proposal drafting, institutional formation,regulation and development, to t he Legal Awareness Programme, Mombasa (LAP) andSelf Employed Women’s Association of Kenya (SEWAKE). LAP was formed from theLegal Advice Centre’s Workshop at Likoni, Mombasa (April, 1993) from members ofconsumer cooperatives, women groups and men’s group s for the advancement of legalawareness in Mombasa and coastal Kenya; provided legal advice on the formation andoperation of LAP and SEWAKE.

(vii) Conducted public interest cases, including:

a. Michael E. Bocha and Solomon G. Yako v. Coastal Aquaculture and 10 OthersHigh Court Civil Case No. 320 of 1993 (Mombasa) regarding the environmentalconservation of the Tana River Delta Wetlands and the land rights of the membersof Kon Dertu Ranching Company Limited and the land rights of the indigenousPokomo and Orma. An injunction was obtained restraining the Defendants fromalienating 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 operationof an abattoir or slaughterhouse and threatened/intended relocation and alienationof the land and consequent eviction of the indigenous re sidents of Mkilo Village,Kalalani Sublocation. An injunction was granted restraining the Defendants fromalienating the land; evicting the Plaintiffs; and restraining the operation of theabattoir.

c. Felix Omollo and 9 Others v. Mombasa Municipal Council and 2 Others HCCCNo. 19 1993 (Mombasa) regarding the allocation, lease and/or licence of part ofMakadara Gardens, a public park and parking lot in Mombasa, by the Defendantsfor use as a corporation’s storage space. Injunction granted to restrain purport edor intended/threatened lease. Licence and change of user of the publicutility/facility and to restrain Council meeting to deliberate on the subject matterof 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 representativecapacity.

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d. Drafted a legal opinion on the Institutional and Technological Strategies in theCriminal Justice System in Kenya for the Task Force on the Reform of PenalLaws and Procedures, a Task Force established by the Attorney General under theauspices of the Kenya Law Reform Commission (KLRC).

e. Helped in the disengagement of PLI from the Legal Aid Scheme in Mombasa andParalegal Training Project in Kwale.

f. Consultant: 1991 October-August 1992: Researched the study, Women in theCriminal Justice System funded by the Swedish International DevelopmentAgency (SIDA) and conducted under the auspices of the International Federationof Women Lawyers (FIDA)

Q. MEDIA APPEARANCES

1. Interviewed by KTN TV on the Waki Commission on Post Election Violence inKenya, July 11, 2009 and quoted on the same in the Sunday Nation (Nairobi) of July12, 2009.

2. Featured on KBC, NTV, KTN and Citizen TV stations discussing the implications onUS President Obama’s speech on Kenya and Africa, July 11, 2009.

3. November 27, 2008 interview by Citizen TV on the introduction of stringent rulespolitical parties the Political Parties Act.

4. November 20, 2008 interview by KISS FM on political party organs and the politicalparty 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 – GwenThompkins – Kenya Struggles to Create New Constitution.

8. September 2, 2008, British Broadcasting Corporation (BBC), Interview on Powersharing 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.

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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” byShashank Benglali, available at www.mclatchynewspapers.com (analyticalinterview).

13. South Africa Bradcasting Corporation (SABC), interview on the Post -electionpolitical crisis in Kenya on January, 2008 at University of Nairobi, Parklands LawCampus.

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 inthe Kenya Government in relation to the Anglo -Leasing and Goldenberg CorruptionScandals. The interview focussed on what action or steps the Kenya Governmentcould take so as to institutionalise and constitutionalise good governance as well asaddress the problem of corruption and enhance its legitimacy (February 9, 2005).

18. Interviewed by NTV (Nation TV) on electoral politics, political wrangles in relationto 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 ember17, 2003 (legality of signing forms to compel resumption of duty)); constitutionalityof coercing striking lecturers to resume work (Nation TV December 29, 2003). Alsonumerous radio bulletins.

23. Consumer protection discussion with Director of Kenya C onsumer Organisation(KCO) (1996) – Kenya Broadcasting Corporation (KBC) TV

R. COMPUTER AND INTERNET SKILLSWord processing, Internet research, power -point, e-mail use, etc.

S. LANGUAGE PROFICIENCY (SPOKEN AND WRITTEN)Dholuo – Native speaker

www.mclatchynewspapers.com

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Kiswahili – ExcellentEnglish – 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 Propertyadvocate)

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 teachersand 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 18COUNTRIES

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 towork as mentees or interns in my academic office and at the legal, research andconsultancy firm, Innovative Lawyering and Copyright Africa of which I am the founde rand CEO.

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Innovative Lawyering expanded the Mentoring Programme to inspire and train primary,secondary and tertiary students on leadership skills and career choices. The project alsosponsors brilliant students some of who may come from poor background s. NyasitaPrimary 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 educationaland career paths they have taken. Most of them are currently oversees pursuing their PhDor masters in Universities such as Stanford, Harvard, Warwick and the London School ofEconomics (LSE). Numerous mentees are working in Kenya, African countries, or in theUS and Europe.

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Dr BEN SIHANYA, JSD (S tanford) Dean Law, University of ... · Dean Law, University of Nairobi Law School Curriculum Vitae, 1989 – Monday, November 23, 2009 Research Interests Intellectual

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