PROF BEN SIHANYA, JSD (PhD) STANFORD

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PROF BEN SIHANYA, JSD (PhD) STANFORD

CURRICULUM VITAE, Friday, 29/10/2021; 25/2/2022; 7/3/; 21/3/; 23/5/2022

© Prof Ben Sihanya, JSD (PhD) & JSM Stanford, LLM (Warwick), LLB (Nairobi), PGD Law (KSL)

IP, Ed and Constitutional Professor, Public Interest Advocate and Mentor

Constitutional Democracy, ©, TM, IP, Education Law, Public Interest Lawyering

Commissioner for Oaths, Notary Public, Patent Agent, Author, CS, Public Intellectual & Poet

University of Nairobi Law School &

Prof Ben Sihanya Advocates & Sihanya Mentoring & Innovative Lawyering

Author: IP and Innovation Law in Kenya and Africa: Transferring Technology for Sustainable

Development (2016; 2020); IP and Innovation Law in Kenya and Africa: Cases and Materials

(forthcoming 2022); Constitutional Democracy, Regulatory and Administrative Law in Kenya and

Africa Vols. 1, 2 & 3 (due 2022) [email protected]; [email protected];

url: www.sihanyaprofadvs.co.ke; www.innovativelawyering.com

Nairobi; Revised 3/2/2021; 12/2/2021; 1/3/2021; 7/6/; 21/6/2021; 2/9/; 12/10; 27/10/; 29/10/2021;

25/2/2022; 7/3/; 21/3/; 23/5/2022

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PROF BEN SIHANYA, JSD (PhD) STANFORD

CURRICULUM VITAE

1989 to Monday,May 23, 2022

Prof Ben Sihanya, JSD (PhD) & JSM Stanford, LLM (Warwick), LLB (Nairobi), PGD Law (KSL)

IP, Ed and Constitutional Professor, Public Interest Advocate and Mentor

Constitutional Democracy, ©, TM, IP, Education Law, Public Interest Lawyering

Commissioner for Oaths, Notary Public, Patent Agent, Author, CS, Public Intellectual & Poet

University of Nairobi Law School &

Prof Ben Sihanya Advocates & Sihanya Mentoring & Innovative Lawyering

Author: IP and Innovation Law in Kenya and Africa: Transferring Technology for Sustainable Development

(2016; 2020); IP and Innovation Law in Kenya and Africa: Cases and Materials (forthcoming 2022);

Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa Vols. 1, 2 and 3 (due 2022)

[email protected]; [email protected]; [email protected];

url: www.sihanyaprofadvs.co.ke; www.innovativelawyering.com

Research Interests

Copyright & Intellectual Property, Transfer of Technology, Constitutional Democracy, Political Law,

Education, Training and Mentoring Law and ICT Law for Sustainable Development in Kenya and

Africa

Objective

Applying copyright, IP and Constitutional Democracy in the quest for 4Is: Innovation, Intellectual

Property, Industrialisation, and Integration for sustainable development in Kenya and Africa.

Focus 2010-2022: copyright, trade mark, utility model, trade secret, unfair competition;

elections, presidency, administrative bureaucracy and justice, and public interest lawyering in

Kenya and Africa

Perspective

Appropriate competencies (skills, knowledge, attitudes, values and innovation (SKAVI)), and

constitutional democracy, the rule of law, public interest and good governance are crucial parameters

for Kenya’s and Africa’s sustainable socio-economic, cultural, technological and political

development

Ambition: academic, career, enterprise, entrepreneurship, governance and leadership mentor

Prof Ben Sihanya, JSD (PhD) & JSM Stanford, LLM (Warwick), LLB (Nairobi), PGD Law (KSL)

IP, Ed and Constitutional Professor, Public Interest Advocate and Mentor

Constitutional Democracy, ©, TM, IP, Education Law, Public Interest Lawyering

Commissioner for Oaths, Notary Public, Patent Agent, Author, CS, Public Intellectual & Poet

University of Nairobi Law School &

Prof Ben Sihanya Advocates & Sihanya Mentoring & Innovative Lawyering Curriculum Vitae, 1989 to Monday, May 23, 2022

TABLE OF CONTENTS

A. Personal Details; Permanent Address; Website ........................................................................4

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B. Education ..................................................................................................................................4

C. Relevant Training Undertaken ..................................................................................................5

D. Teaching and Research Interests ...............................................................................................7

E. Professorial Assessment, Doctoral Research Supervision, Examination, Development and

Mentoring ........................................................................................................................................7

F. Master’s Research Supervision and Mentoring ...........................................................................9

G. Undergraduate Supervision and Mentoring .............................................................................12

H. Training, Mentoring and Supervision of Trainee Advocates (pupils) or research assistants and

Interns ...........................................................................................................................................14

I. External Examination and Internal Moderation........................................................................15

J. School Administration and University Governance & Nation Building .................................16

K. Achievements as Dean Law .....................................................................................................20

L. Publications .............................................................................................................................21

(i) Articles in refereed and peer reviewed journals

(ii) Book chapters

(iii) Books edited

(iv) Books and monographs (see also Work in Progress: Professorial Research

Agenda)

(v) Articles in peer reviewed magazines, newsletters

(vi) Book reviews

(vii) Research and Mentoring Agenda Towards a Library & School

(viii) Journals and journal articles edited

M. Discussion papers, conference papers and related researches (including reports) .................36

N. Academic Presentations and Professional Training Conducted ..............................................46

O. Government of Kenya: Legal Consultant (1989-) ...................................................................52

P. Fundraising and Resource Mobilisation: International, Inter-Governmental, Corporate and other

Consultancies (Consultancies include some items under K, L, M, O, and X)

.......................................................................................................................................................54

Q. Drafting Legislation, By-Laws, Rules, Regulations and Contracts ………………………….57

R. Work in Progress: Professorial Research Agenda, 2006-2022................................................58

S. Media Appearances (see L (v) above: Articles in Peer reviewed magazines, newspapers) ....61

T. Public Interest Lawyering and Advocacy ................................................................................68

U. Court Appearance and Expert Legal Opinions………………………………………….……70

(i) Supreme Court cases argued or co-prepared…………………………….………………70

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(ii) Court of Appeal cases Argued or co-prepared……………………….………….………70

(iii) High Court cases argued or co-prepared………………………………………….……..71

(iv) Magistrate’s Court cases argued or co-prepared……………….…………………….….72

(v) Expert witness, testimony in cases, arbitration & appearance before tribunals…….……72

V. Mentoring Programme: Innovative Lawyering & Sihanya Mentoring ...................................73

W1. Honours and Awards .............................................................................................................74

W2. Fellowships and Memberships………………………………………………………...……76

X. Computer, Internet and Social Media Skills ............................................................................76

Y. Language Proficiency (spoken and written) ............................................................................76

Z. Taught, Researched, Presented and Studied in at least 18 countries........................................77

Annex 1: PhD and LLD Theses and Dissertations Supervisees…………………………………91

Annex 2: LLM Theses and Research Project Papers Supervisees……………………………….93

Annex 3: LLB Dissertations and Research Papers Supervisees…………………………………94

Annex 4: Media Appearances and Quotations………………………………………………... 100

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A. PERSONAL DETAILS, PERMANENT ADDRESS; WEBSITE

Name: Prof Bernard Murumbi Sihanya

Date of Birth: November 23, 1965

Marital Status: Married to Jaki Emmanuela Wasike-Sihanya

Children: Kennedy Wasike Sihanya and Atieno Agnes Ayieko Alexandria Sihanya

PERMANENT ADDRESS; WEBSITE

Univ. of Nairobi Law School & Prof Ben Sihanya Advocates; Sihanya Mentoring & Innovative

Lawyering

Chaka Place, 2nd Floor (Argwings Kodhek Rd-Hurlingham); Parklands Law Campus, Room B3

Box 1313, Sarit Centre, 00606 Nairobi, Kenya

Tel: +254115067328

Cell: (+254) 787 897 825 (also WhatsApp); (+254) 722 897 825

email: [email protected]; [email protected];

[email protected]; [email protected]; [email protected]

Url: www.innovativelawyering.com; www.sihanyaprofadvs.co.ke

B. EDUCATION

1. Juridical Science Doctorate (JSD) (PhD) 2003; Stanford Law School, Stanford, CA, USA

- Doctoral research on copyright and cultural creativity in Kenya within the (trans)national political

economy; also addresses the role of intellectual property, communications law and constitutionalism

in promoting innovation for sustainable development, particularly innovation in technology, industry,

commerce or business, culture, traditional cultural expressions (TCEs) (folklore), literature, music,

software and the Internet.

- Advisors: Prof Lawrence Lessig, Prof Paul Goldstein, and Prof John Barton;

- Dissertation: Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political

Economy of Transnational Intellectual Property.

- Coursework focused on: Copyright; Advanced Copyright; US African and Comparative Intellectual

Property; International Intellectual Property; Constitutionalism, governance, law in society; ICT

Law, Cyber Law, Open Sources, Law in the Virtual World (cyber gaming).

2.Juridical Science Master (JSM) (research and taught LLM), 2001 under the Stanford Program in

International Legal Studies (SPILS); attained distinction aggregate;

- Coursework focused on Intellectual Property and Communications Law (ICT, Cyber and Media and

Entertainment Law);

- JSM thesis: Opening Sources for Kenya’s Development: The Discourse on Intellectual Property,

Technology Transfer and Access to Software and Cyberspace in Kenya (Advisors: Prof Lawrence

Lessig and Prof Jonathan Greenberg).

3. Certified Public Secretary (Kenya), 1997, under the Institute of Certified Public Secretaries of

Kenya (ICPSK).

4. Master of Laws (LLM), 1995 University of Warwick, Coventry, UK

- Graduated with distinction (only member of class to do so);

- Coursework focused on Comparative and International intellectual property, technology transfer,

IT law, financial law, transnational corporate law, international economic law, and law in

development;

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- Thesis: Regulating and Transferring Telecommunications Technology in Kenya: Corporate

Responses to Development Challenges.

5. Diploma in Law, Kenya School of Law, Nairobi, 1992; admitted as Advocate, July 15, 1993.

6. Bachelor of Laws (LLB), Faculty of Law, University of Nairobi, 1992; Upper Second-Class Hons.

No first class was awarded.

7. Maseno School, Maseno, Kenya

- Kenya Advanced Certificate of Education (KACE) (high school or “A” levels); obtained 4

principals & 1 subsidiaries in Literature in English, CRE, Geography and Economics and General

Paper, respectively (1986-1987). This followed record-breaking Division One in “O” Levels, and

record-breaking triple “A” (36 points) in CPE (Standard 7) at Mahero Primary School (Siaya

County)

C. RELEVANT TRAINING UNDERTAKEN

1. Contributed to the Inaugural Behavioural Economics Conference on August 8, 2014 organised by

Busara Center for Behavioural Economics and held at Strathmore Business School.

2. Contributed to an African Innovation Research and Training (Open AIR) Methodology Workshop,

Cape Town, June 4-6, 2012; focus on Copyright and the protection of authors, “Empowering

Authors through copyright in Kenya: Alternative Publishing under Open Scholarship.”

3. ISO 9001: 2008 Three-day Implementation Training, University of Nairobi Law School,

Wednesday September 15, 2010 to Friday September 17, 2010; by Apex Management Systems,

consultants engaged by University of Nairobi management.

4. World Trade Organisation (WTO) consultation among and training of trainers for Regional Trade

Policy Course (RTPC) in Geneva, so that I teach Trade Related Aspects of Intellectual Property

(TRIPs) at the Universities of Nairobi (2004), University of Namibia (2005-2007); University of

Swaziland (2009-2010) and University of Botswana (2011-2016).

5. Training on Results Based Management for Senior University Management, April 4-5, 2007.

6. Training on Pedagogy and Curriculum Development for University Lecturers, March 26-30, 2007.

7. Training on University Health, Safety, Security and Standards, March 20-23, 2007.

8. Training on ISO 9001: 2000, February 6, 2007 (for University Managers).

9. Trained as a Trainer to Conduct e-training of Government officials on the World Trade

Organisation (WTO) Programme an Online Introduction Course on WTO and its Basic Principles

for English–speaking African Region (October 2005) my main focus being Trade Related Aspects

of Intellectual Property Rights, (TRIPs) and General Agreement on Trade in Services (GATS).

10. 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.

11. University of California at (UC) Berkeley and UC Davis, California

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- Certificate course in Introduction to US Law (2002).

12. Université de Catholique de Louvain, Louvain-la-Neuve, Belgium

- Certificate course in European Community Consumer Law, 1999.

13. Consumers International Regional Office for Africa (CI-ROAF), Harare, Zimbabwe

- Certificate course in electronic communication and network administration, 1999.

14. Institute of Certified Public Secretaries of Kenya (ICPSK), Nairobi, Kenya

- Registered as a Certified Public Secretary (CPS (K)), 1997.

15. World Intellectual Property Organization (WIPO), Geneva, Switzerland and Attorney General’s

Office, Nairobi, Kenya

- Certificate course in copyright and related rights, 1992

16. Nairobi International Law Institute (a programme of Widener University (US), and Faculty of Law,

University of Nairobi)

17. Postgraduate certificate course in international trade and investment law, 1991

18. Innovative Lawyering and © Africa, Nairobi, Kenya

- Founder CEO, on-the-job training and short-term courses on computing, using e-mail, and the

Internet in research on intellectual property, constitutionalism, education law, and communications

law (1989-)

D. TEACHING AND RESEARCH INTERESTS (see publications from K below)

1. Intellectual Property (IP) and Innovation – Research focus (2007–2021): Kenyan and African

Copyright and Related Rights; Trade Mark and Related Doctrines; Trade Secret, Unfair

Competition, Traditional Cultural Expression, Technology Transfer, Intellectual Property

Regulation, Management and Administration in Kenyan Universities and Research and

Development Institutions. Others include Patent, Geographical Indication and Traditional

Knowledge.

2. Kenyan and Comparative Constitutionalism - Research focus (2007–): Presidentialism and the

Administrative Bureaucracy in Kenya; Constitutional Design, Review and Implementation. Others

include Kenyan Political Economy.

3. Doctoral Research Methodology, Supervision and Mentoring; Publishing Books and Articles;

Project Design and Implementation, in the context of Intellectual Property (IP) and Innovation,

Constitutionalism, Education Law, and Communications Law, as well as: Research Methodology,

Jurisprudence and Social Theory.

4. Education and Mentoring Law (2007-2012): Administration and Governance in Kenyan

Universities; Standards, Quality and Relevance in Education, Training, Research and Mentoring;

A Kenya National Qualification Framework (NQF) and Kenya National Assessment System

(NAS) for Kenya.

5. Communications Law – including ICT Law, Cyber Law, Media and Entertainment Law, e-

Transactions; Copyright and Trade Mark in ODeL in Kenyan Universities.

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6. Kenyan Cultural Politics and Intellectual History (2007-2012): Kenyan Academics and Public

Administration, since 1963-.

D1. ADVOCACY, LEGAL PRACTICE, AND PUBLIC INTEREST LAWYERING (Also see

part T & U below)

Established Prof Ben Sihanya & Co. Advocates, October 2, 2020

1. Public interest litigation.

2. Constitutional and judicial review.

3. Intellectual property transactions and litigation.

4. Election petitions and party discipline.

5. Criminal justice litigation.

6. Conveyancing.

7. Commercial law practice and litigation.

E. PROFESSORIAL ASSESMENTS, DOCTORAL RESEARCH SUPERVISION

EXAMINATION AND DEVELOPMENT

1. Professorial Assessments

I have undertaken and prepared assessment reports on request from Universities considering the

promotion to the positions of Full Professorial and Associate Professor of Law for the following

candidates (up to 2020).

1.Prof Anthony Conrad Kaweesi Kakooza, candidate for promotion to Associate Professorship at the

Uganda Christian University Law School (2018).

2.Prof Luis Gabriel Franceschi, candidate for promotion to Associate Professorship at Strathmore

University Law School (2018)

3.Prof Moni Wekesa, Candidate for Full Professorship, Mt Kenya University Law School

2. Doctoral supervisees

Supervision of students enrolled for doctoral research in copyright, trade mark, intellectual

property transfer of technology, constitutional democracy, education law, and ICT law, University

of Nairobi and leading European universities. My supervisees include more than 16 students listed

in Annex 1.

2. Internal and External Examination of Doctoral Thesis (Also see Part I below)

I have served as an Internal Examiner or board member and external examiner regarding numerous

doctoral theses including:

2.1 Served as Internal Examiner to the PhD of Mr Rene Sebagabo Munyamaharo (2017) Foreign

Direct Investment and the Protection of Human Rights: A Case Study of Labour Rights,

Environmental Rights and the Right to Development in Rwanda, University of Nairobi.

2.2 Served as External Examiner to the PhD of Mr Mathew Grant Burnell (due 2017) Developing and

Applying a Constitutional Framework for Public Participation, University of Cape Town, South

Africa.

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2.3 Served as External Examiner to the PhD of Ms Kate Jean Dent (due 2021) Lawfare and legitimacy:

The wicked Problem of Judicial Resilience at a Time of Judicialisation of Politics, University of

Cape Town, South Africa.

2.4 Supervisor of Master of Laws (LLM) Thesis of Mr Adeboye Adegoke (2022) on The Universal

Periodic Review and Digital Rights Protection in Nigeria and South Africa, a candidate for the

Master’s Degree in Law in Human Rights and Democratisation in Africa candidate at the Faculty of

Law, University of Pretoria (Co-supervisor: Mr Tomiwa Ilori, University of Pretoria).

3. Developing a system and processes for doctoral research

Elected as Dean Law on January 29, 2009. I did the following to promote doctoral research at the

University of Nairobi:

- Appointed the Chair, Postgraduate Studies Committee (confirmed by the Board).

- Provided a secretariat for the Doctoral Research Programme.

- Chaired Doctoral Research committees.

- Initiated and supported doctoral research colloquia.

- Consulted and communicated regularly with the School’s Postgraduate (Doctoral) Studies

Committee, the Board of Postgraduate Studies (BPS) and doctoral students on progress and status

of doctoral research.

- Facilitated completion of doctoral research by at least 3 candidates (only one candidate had

graduated from the Law School in its 40 years – 1970-2010).

4. Mentoring and inspiring doctoral research

My work in Intellectual Property (IP), Constitutionalism, Communications and Education Law has

already inspired master’s and doctoral research in Kenya and elsewhere, e.g. Ms Zubeda Mucheke, Mr

Hezekiel Oira, Ms Julia Wanja Muriithi, Mr Charles Oyaya, Ms Elizabeth, Dr Marisella Ouma,

Muthoni Warrick, among others are listed in Annex 1.

F. MASTER’S RESEARCH SUPERVISION

4.Masters theses and projects supervised since January 26, 2006

Supervised or supervising at least 38 Master’s Theses or projects in Copyright, Trade Mark,

Intellectual Property, Constitutional Democracy, Education and Mentoring Law, and ICT Law,

University of Nairobi. Some of the Master’s theses include the following [the full list of

supervisees since 1997 is available at Innovative Lawyering (IL) and Sihanya Mentoring (SM)].

At least 44 of the LLM Supervisees are listed in Annex 2:

LLM defence panels

1. Served as the Chair of numerous LLM Thesis Defence including for Mr Willis Evans Otieno

(2016) Judicial Scrutiny and Recount of Votes as a Means of Enhancing Electoral Justice.

5. Supervisor for LLM Thesis Defence for Ms Shaluma Bracxides Ongola (2014) Efficacy of Anti-

counterfeit Laws in Kenya.

6. Served as the Chair of LLM Thesis Defence for Ms Laureen Lakweya Rakiro (2016) Towards Free

and Fair Presidential Elections in Kenya: A Critique of the Constitutional Framework.

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7. Supervisor for LLM Thesis Defence for Mr Jeremy Okonjo Odhiambo (2015) Convergence

between Mobile Telecommunication & Financial Services Implications for Regulations of Mobile

Telecommunications in Kenya.

8. Co-supervisor and Panelist for PhD Thesis Proposal Defence for Mr Stephen Ouma (2015) An

Examination of Judicial Review as check on Arbitrary Executive power based on the National

Security Exception under the Constitution of Kenya 2010.

9. Reader and panelist for LLM Thesis Defence of Ms Vivian Wecheta Mwende (2016) Analyzing

the Principle of Progressive Realization of Human Rights in the Basic Education Sector in Kenya.

10. Supervisor for LLM Thesis Defence for Ms Arlentrice Shirley Gulenywa (2016) Regulating the

Ringtone Technology in Kenya.

11. Appointed the Chair of LLM Thesis Defence for Mr Frederick Momanyi Nyamora (2014) Political

Parties and Ethnicity in Kenya: Towards Meeting Constitutional Ideals

2. Master’s theses externally examined (see also I below)

G. LLB SUPERVISION

1. LLB dissertations and research papers supervised since February 1, 2011[ annexed due to the

large numbers]

Supervised or supervising LLB Research Papers or dissertations or projects in intellectual property,

constitutionalism, education law and ICT law, University of Nairobi. I have supervised more than 160

students since 1997. Some of the LLB students are Annex 3.

2. Undergraduate court attachment (Clinical Law or 4th term programme) – supervision:

I have supervised numerous LLB II students during their clinical attachment in the relevant Kenyan

courts since 1997. The courts include: Kisumu, Siaya, Maseno, Bondo, Ukwala, Kericho, Sotik,

Nairobi, Busia and Homabay.

H. TRAINING, SUPERVISING AND MENTORING OF INTERNS (see also Mentoring

Programme: Innovative Lawyering (IL) and Sihanya Mentoring (SM), below)

1. Training and Mentoring Post-Doctoral Fellows, including, Dr Paul Ogendi, Dr Jackson Bett, Dr

Njaramba Gichuki, Dr Muthoni Thiankolu, all of the University of Nairobi Law School, and Dr

Jeremy Okonjo of Kent Law School (UK), among others who are also advocates.

2. Training, Supervising and Mentoring trainee advocates, bar candidates, or pupils including: Ms

Martha Ndung’u, Ms Lydia Kemunto, Mr Jumah Daniel, Mr Erick Naibei and Mr Abraham Mumo.

3. Training, supervising and mentoring mentees, interns, and research assistants from the University

of Nairobi Law School since 1997.

4. Served as a mentor and referee for University of Nairobi Law School regarding applications for

internship, attachment, pupillage, postgraduate studies (in Kenya and abroad) and in job

applications.

I. EXTERNAL EXAMINATION AND INTERNAL MODERATION

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1. Appointed as internal examiner to the PhD of Mr Rene Sebagabo Munyamaharo (2017) Foreign

Direct Investment and the Protection of Human Rights: A Case Study of Labour Rights,

Environmental Rights and the Right to Development in Rwanda, University of Nairobi.

2. Appointed as external examiner to the PhD of Mr Mathew Grant Burnell (due 2017) Developing

and Applying a Constitutional Framework for Public Participation, University of Cape Town,

South Africa.

3.Appointed External Examiner Mount Kenya University Law School, Nairobi, Kenya, 2014/2015

(Moderated exam scripts and results).

4. Reappointed External Examiner, Makerere University Law School, Kampala, Uganda, 2012.

Extensively Examined and Moderated the following two (2) LLM Thesis in 2015:

a) Ms Wahab Amina (2015) LLM thesis: The Legal Framework for the Sustainable Utilisation of

Forest Resources in Uganda: A Study of Mabira Forest

b) Ms Kasana Hanifa (2015) LLM thesis: Implementation of Islamic Insurance in Uganda

Extensively Examined and Moderated the following three (3) Makerere LLM theses in 2012:

a) George Omunyokol (2012) LLM Thesis, Tax Avoidance and Evasion: Challenges and Prospects

in Tax Administration in Uganda.

b) Ms Miriam Nabatanzi (2012) LLM Thesis, Developing an Effective Plant Variety Protection Law:

Balancing Between the Rights of Plant Breeders and the Community.

c) Ms Nakulima Saphina (2012) LLM Thesis, The Prosecution of Wildlife Crimes in Uganda: A Case

Study of the Uganda Wildlife Authority.

1. Appointed External Examiner, Moi University Law School, Eldoret, Kenya: Moderated

examination questions for LLB I-IV (first semester exams; 2012).

2. Internal Moderator, University of Nairobi Law School, 2004- (LLB and LLM course units and

dissertations; PhD dissertations).

3. Appointed external examiner Makerere University Law School, Kampala, Uganda. I externally

examined and moderated LLM theses in 2010; externally examined and moderated LLB and LLM

exams and dissertations in August 2011.

4. Appointed external examiner Makerere University Law School, Kampala, Uganda. I externally

examined and moderated LLM theses in 2010; externally examined and moderated LLB and LLM

exams and dissertations in August 2011.

5. External Examiner, Strathmore University, Law Course units; 2005-6.

6. Reappointed External Examiner Makerere University Law School, Kampala, Uganda, 2014.

(Examined LLM theses)

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J. SCHOOL ADMINISTRATION AND UNIVERSITY GOVERNANCE, & NATION

BUILDING

1. Appointed by the Vice Chancellor, University of Nairobi as a member of the Governing Board of

the University of Nairobi Science and Technology Park (October 8, 2016).

2. Appointed to the University of Nairobi Intellectual Property Committee by the Vice-Chancellor on

February 21, 2015.

3. Appointed by the Vice-Chancellor to the Research & Development (R&D) Advisory Board,

University of Nairobi.

4. Appointed by the Vice Chancellor as a member of the Governing Board of the University of

Nairobi Science and Technology Park (October 8, 2013).

5. Appointed by the Vice Chancellor as a member of the Student Organization of Nairobi University

(SONU) Constitution Review Commission.

6. Appointed as a Resource Person on Rapid Results Initiative (RRI) meant to create awareness

among the University members of staff and students on the implementation of the 2010

Constitution, CCU, University of Nairobi.

7. Contributed as an Intellectual Property (IP) law champion at the University of Nairobi workshop

on patent drafting organized by the University of Nairobi and facilitated by the Kenya Industrial

Property Institute (KIPI), Machakos, September 6-7, 2013.

8. Adjunct Professor of Comparative Constitutional Law, Nairobi International Law Institute (NILI),

a programme of Widener University (US) and the University of Nairobi; Taught and examined

Comparative Constitutional Law (June-July).

9. Appointed as a Commissioner for the 2013 SONU elections by the University of Nairobi

Senate.

10. Patron, Student Organization of Law and Diplomacy at the University of Nairobi 2011- to date.

11. Reappointed as a Staff Commissioner for the 2012 SONU elections and bye-elections - by the

University of Nairobi Senate.

12. Contributed to the School of Law: curriculum review and reconstruction, Presented on LLB IV

with Professor Albert Mumma; and Prof Ben Sihanya, on Offering Short Courses, at the University

of Nairobi Law School, School Board Meeting, the Great Rift Valley Lodge, Naivasha, July 12-

15, 2012.

13. Address to students during launch of the 2012 edition of the University of Nairobi Law Journal

(UNLJ) on June 27, 2012 (Chief Guest: Supreme Court Justice, (Prof) JB Ojwang, representing

the Chief Justice).

14. Mentoring of University of Nairobi Students during a “Kuza” session facilitated by the Kenya Law

Students’ Society (KLSS) on August 22, 2012(Guest: Dr Luis Franceschi, Dean of Strathmore Law

School).

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15. Promoted to Associate Professor, Department of Commercial Law on February 1, 2011.

16. Dean Law and Related Administrative Roles

- Elected Dean, University of Nairobi Law School, January 29, 2009 (approved by Senate and

Council).

- Chair, School Management Board; Chair, School Academic Board; and Chair, School Board of

Examiners, University of Nairobi School of Law.

- Chair, School Management Team, consisting of Chairs of Departments, Chairs of Committees, and

Coordinators of Programmes, University of Nairobi Law School.

- Ex officio member, all School Committees: Academic and Admissions Programmes; Exams;

Postgraduate; Mentoring, Moot courts and Internship, etc.

17. Member, University of Nairobi, Deans’ Committee, Chaired by Deputy Vice Chancellor, -

Academic Affairs (AA).

- Appointed to Dean’s subcommittee on public lectures. (February 16, 2010- )

18. Dean Law in Regulating Legal Education

- Member, Council of Legal Education (CLE), 2009-11

- Member of the Academic Affairs Committee

- Member, Finance and General Purposes Committee

19. Dean Law in Tender and Procurement Committees

- Member, University of Nairobi Tender Committee.

- Member of the University of Nairobi Enterprises Services (UNES), Tender Committee.

- Member of Procurement Committee, College of Humanities and Social Sciences (CHSS).

20. Dean Law in University and National Boards and Councils

- Member of the Board of the Wangari Maathai Institute of Peace and Environmental Studies (of the

University of Nairobi College of Agriculture and Veterinary Studies (CAVS).

- Member of Kenya Law Reports (National Council for Law Reporting) Council.

- Member of the Centre for Human Rights, College of Humanities and Social Sciences

(CHSS).

21. Member, University Senate Committees, 2004-

- Member of the Senate Committee on ICT - under the auspices of University of Nairobi ICT Centre:

reviewed and co-drafted Draft UoN ICT policy.

- Member of the Senate Committee on Intellectual Property – led drafting of UoN IP Policy; took

part in interviewing short-listed applicants for the post of IntellectualProperty Officer for the

University, 2007; reviewed plant-based innovation for IP protection; both chaired by DVC (A&F).

22. Member, College Management Board (CMB) since January 29, 2009; member of the College

Management Board subcommittee on teaching, research and utilisation of space, 2008/2009

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(appointed by the Principal, College of Humanities and Social Sciences (CHSS); approved by

CMB).

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

24. Member, Appointments and Promotions Committee (APC) – various panels at the University of

Nairobi and at the Kenya Polytechnic University College (since 2004)

25. Chairman, Commercial Law Department, University of Nairobi Law School,

February 9, 2006 – February 3, 2009.

26. Promoted to Senior Lecturer, Department of Private Law, January 26, 2006; transferred to

Commercial Law.

27. Warden and Manager, Strategic Management Unit (SMU), Parklands Law Campus, University of

Nairobi, November 2005 – 2016.

28. Adjunct Professor of International Intellectual Property Law and Comparative Constitutional Law,

Widener University, US/Nairobi International Law Institute, (a programme of Widener University

and University of Namibia) 2005 and 2009-

29. Chair of the Examinations Committee, University of Nairobi Law School, October 2005 –

February 2009.

30. Member, various Senate & College exams disciplinary committees (since 2004).

31. Member of the School of Law Management Team (since 2004).

32. Co-ordinating and representing the University of Nairobi in negotiations on the proposed

collaboration between University of Nairobi Law School, the Vanderbilt University School of Law

and the World Intellectual Property Organisation (WIPO) for the establishment of an exchange

programme in Intellectual Property between the University of Nairobi Law School and Vanderbilt

University School of Law, January 2006.

33. Moderated Kenya Law Students Society (KLSS) debate on the Draft Constitution of Kenya 2005,

the subject a referendum scheduled for November 21, 2005; commended by both sides for being

fair.

34. Acting Dean: diverse dates, April 2004 – January 29, 2009, University of Nairobi Law School,

Nairobi, Kenya.

35. Appointed External Examiner, Strathmore University, Kenya;

36. Acting Chair, Faculty of Law Examinations Committee – reformed and institutionalised exam

processing;

37. Promoted to Lecturer, Department of Private Law: subjects taught: Intellectual Property,

Constitutional Law, Communications Law and Law in Development at under- and post-graduate

levels (October 30, 2003- January 26, 2006).

38. Assistant Lecturer, Faculty of Law teaching, also teaching Communications Law as a service

course at School of Journalism (SOJ) (resumed after JSD) (August 2003).

Page 15 of 83

39. Resumed duties after successfully pursuing doctoral research at Stanford Law School; appointed

to draft reading lists and course outlines for Intellectual Property (IP) Law, and Law, Science and

Technology for the newly Senate-approved thematic LLM courses in these programmes, and to

co-draft materials for the core course of Law in Development: August 7, 2003.

40. Faculty ICT Committee, and to the Faculty Academic Programmes and Admissions Committee.

(2003-2009).

41. Coordinator or convenor of LLM Programmes in Intellectual Property, and Law Science and

Technology.

42. Supervisor of Master’s Students doing Master’s Theses on Intellectual Property, Constitutionalism,

and Information and Communication Technology (ICT).

43. Appointed Assistant Lecturer, University of Nairobi (November 18, 1997- October 30, 2000).

44. Appointed Part-time Lecturer Faculty of Law, University of Nairobi (1997).

K. DEAN LAW

As the Dean Law since January 29, 2009, I initiated or overseen the following developments in the

School of Law, among others:

1. Established and streamlined processes and systems

The Office of the Dean in consultation with the School Board established and restructured management

and administrative systems in the form of committees and operations for equitable, efficient and

effective administration of the School. These committees and processes include the Postgraduate

Studies Committee; Mentoring, Internship and Moot Courts; publishing and communication of

research; the ICT system. We also restructured the Examinations and Evaluations Committee, and

empowered the Academic Programmes Committee (APC).

We improved the coordination and supervision of operations leading to remarkable progress in the

following areas: faster and more credible processing of exam results including submission of results

and processing of students’ queries on exams and results; better and faster processing of payments

including payment to lecturers and top-up to non-teaching staff and management (a credible data base

has been developed; there is no deficit unlike in the past...); a new students’ computer lab has been

completed, hot spots are being established, and more lecturers have computers. The School has greater

web presence to communicate research and operational information.

2. Mombasa and Kisumu Law campuses

Mombasa and Kisumu Law campuses established. We led in integrating these campuses into the

School’s and University’s administrative system. This includes contributing in interviews for

recruitment of lecturers; appointing coordinators and liaison officers; as well as consulting with

coordinators as well as School and University officials on the long term, medium term, and day-

to-day administration of the Mombasa and Kisumu Law campuses.

3. PhD Research Programme

(See Doctoral Research supervision above)

4. School’s academic environment

Page 16 of 83

Promoted an environment that is academically friendly that has facilitated teaching and learning at

the School, including keeping the library and computer laboratory operational. This has also been

key to enhancing research at the School; doctoral research and colloquia are active.

5. Consultative and collegial management of the School

We have the School community in continued consultation for efficient management of the School;

student, staff, and other stakeholders actively participate in relevant activities and decision-making

processes.

6. Institutionalizing tradition and change: memory, legacy and the future

As Dean Law, we initiated programmes to institutionalize the rich academic tradition that we have

had in the School since it was established in 1970. These include:

i. Initiated the establishment of the School of Law Alumni Chapter.

ii. Initiated the process of documenting the traditions of the School towards the publication of a

brochure in the context of the 40th Anniversary of the School in 2010, including strategic planning

for the future. (The last brochure was published in 2002/2003 under Dean JB Ojwang).

iii. Facilitated consultations on documentation towards the possible establishment of an Okoth-

Ogendo Land Policy Centre in honour of Prof HWO Okoth-Ogendo, a Co-founder of the UoN

Law School, and the Guru of Land Law, and Kenyan and African Constitutionalism, who passed

on April 24, 2009.

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 Law, Natural Resources Law, and

Constitutional Reforms in Kenya in memory and as part of the legacy of Prof Okoth-Ogendo; also

archived in JKM Library)

7. Direct Service Provider (DSP) Committee

As Dean we established this Committee that has reviewed and rationalized Direct Service Provider

(DSP) payments and related financial transactions in the Law School.

L. PUBLICATIONS

L. (i) Articles in refereed and peer reviewed journals and magazines

1. Ben Sihanya (2021) “Integrating IP, Innovation, Transfer of Technology and Licensing in

Kenya and Africa,” Vol. 9(2), WIPO-WTO Colloquium Papers, at

https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2018_african/chapter_1_

2018_african_edition_e.pdf (accessed October 22, 2021), 1-17.

2. Ben Sihanya (2021) “Scholarship & Teaching of Intellectual Property & Innovation in Kenya

and Africa,” Vol. 9(2), WIPO-WTO Colloquium Papers, at

https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2018_african/chapter_4_

2018_african_edition_e.pdf (accessed October 22, 2021), 40-49. Working paper presented at

WIPO-WTO Regional Colloquium for IP Teachers and Researchers at the University of South

Africa in Pretoria, South Africa from April 9-12, 2018 and the IP Scholars Africa Conference

on April 13, 2018.

Page 17 of 83

3. Ben Sihanya (2021) “Why Benin and Kenya Need the Space to own their Constitutional

Development,” March 2, 2021, Ventures Africa, at https://venturesafrica.com/why-benin-and-

kenya-need-the-space-to-own-their-constitutional-development/ (accessed March 3, 2021).

4. Ben Sihanya & Eric Ngumbi (2020) “Lifestyle Audits as an Emerging Anti-Corruption Tool

in Kenya and Africa: Concept, Essentials and Prospects,” Vol. 4(1) Journal of Anti-Corruption

Law, 80-117.

5. Ben Sihanya (forthcoming 2022) “Amending the Constitution of Kenya 2010 Post 2017:

Interests, Process and Outcomes.”….

6. Hezekiel Oira, Lonias Ndlovu, Desan Iyer, & Ben Sihanya (2020) “A commentary on

broadcast copyright protection in Kenya and South Africa against the prism of WIPO

negotiations on the rights of broadcasters,” Vol. 8., South African Intellectual Property Law

Journal…

7. Ben Sihanya & Winnie Narasha Molonko (forthcoming 2022) “Harmonizing policy and

legislative drafting in Kenya.”

8. Ben Sihanya & Nelly Kiragu (forthcoming 2022) “Breastfeeding as a human right: Assessing

the legal measures that promote breastfeeding in Kenya,”

9. Ben Sihanya (2018) “IP and Innovation for building sustainable cities and communities in

Kenya and Africa,” Utafiti News a publication of the Office of the Deputy Vice-Chancellor

(Research Production and Extension) University of Nairobi.

10. Ben Sihanya (2018) “Intellectual property and innovation audit, valuation, and

commercialisation in Kenya,” University of Nairobi Innovation Research Symposium held on

March 6, 2018 at the University of Nairobi.

11. Ben Sihanya (2018) “Intellectual property audit, valuation, commercialization, securitisation

and taxation in Kenya,” JKUAT Law BBB Journal, 41-86.

12. Ben Sihanya (2018) “Presidential election and transition in 2017 and beyond electoral justice

popular sovereignty and the debate on secession,” Law Society of Kenya Journal.

13. Ben Sihanya (2018) “Emerging electoral jurisprudence in Kenya and Nigeria.” (Chapter for a

book on Emerging Electoral Jurisprudence in Kenya, following presentations at International

Conference on Emerging Electoral Jurisprudence in Africa in Nigeria)

14. Zubeda Mucheke, Damas Ndumbaro and Ben Sihanya (forthcoming 2022) “Challenges to

electronic conveyancing in Kenya: Case study of Ministry of Lands” Open University of

Tanzania Law Journal….

15. “Imitative innovation and innovative imitation in the age of bling in Kenya: the case of hip hop

music University of Nairobi Law Journal,” (forthcoming 2022).

Page 18 of 83

16. Ben Sihanya (forthcoming 2022) “Copyright in audio-visual works in Kenya.”….

17. Ben Sihanya (2017) “Electoral Justice in Kenya under the 2010 Constitution implementation,

enforcement, reversals and reforms,” Vol. 13, Issue 1, Law Society of Kenya Journal 1-30.

18. Ben Sihanya (2017) “Constitutional responsibilities of public officers in (un)making public

policy, rules and regulations,” Vol. 9, Issue 9, Nairobi Law Monthly, at

http://nairobilawmonthly.com/index.php/2017/10/12/constitutional-responsibilities-of-public-

officers-in-unmaking-public-policy-rules-and-regulations-in-kenya/ (accessed 23/1/2018).

19. Ben Sihanya (2017) “Conduct of IEBC Commissioners key to just 2017 General Elections,”

Vol. 1 Issue 8, The Advocate, Law Society of Kenya Magazine, at 8.

20. Ben Sihanya (2016) “The role of Intellectual Property in Collaborative Research” Utafiti News,

magazine of the office of Deputy Vice Chancellor (DVC), Research Production and Extension

(RPE) University of Nairobi.

21. Ben Sihanya (2016) “Traditional knowledge and traditional cultural expressions in

Kenya,” Vol. 12, No. 2 Law Society of Kenya Journal, 1-38.

22. “Stopping reversal of Constitutional and Corporate Governance” (July-September, 2016),

Advocate magazine, the Law Society of Kenya, 52-53.

23. “Constitutional change of Government in Kenya: Constraints and Opportunities” (March

2016), Advocate magazine, the Law Society of Kenya, 52-53.

24. Ben Sihanya (2015) “Mandate, institution, militarisation, misuse, trade and of the National

Youth Service in Kenya,” December 2015, in Advocate magazine, the Law Society of Kenya,

26-27.

25. Ben Sihanya (2015) “Executive must trust their choice of security CS and IG to deliver”

(Original title: Constitutional Questions in Kenya: Security, Liberty, Criminal Justice, and

Governance), August 2015 in Advocate magazine published by the Law Society of Kenya.

26. “Intellectual property v. Access to Information in the Technical Age” (September 2015) in the

Utafiti News, Issue No. 3, a publication of the Office of the Deputy Vice-Chancellor (Research

Production and Extension), University of Nairobi.”

27. “Understanding copyright” (March 2015) Utafiti News a publication of the Office of the

Deputy Vice-Chancellor (Research Production and Extension), University of Nairobi.

28. “Introduction to Copyright” (July 2014) in the Utafiti News a publication of the Office of the

Deputy Vice-Chancellor (Research Production and Extension), University of Nairobi.

29. “Understanding IP and related rights” (June 2014) in the Utafiti News a publication of the

Office of the Deputy Vice-Chancellor (Research Production and Extension), University of

Nairobi

Page 19 of 83

30. “Regulating media training under Kenya’s new order,” The Media Observer, a publication for

Media Council of Kenya, July-September 2014.

31. “Media freedom anchored in law, but...,” The Media Observer, a publication for Media Council

of Kenya, January-March 2014,

32. “Rights in a performance in Kenya” (2013) South African Intellectual Property Law Journal

59-85, (SAIPLJ), L. Tong and C. Ncube (eds), Juta Co Ltd (November) (Chapter 8).

33. “Media and devolution under the Kenyan Constitution,” The Media Observer, a publication

for Media Council of Kenya, July-September 2013, 7-9.

34. “Constitutionalism and the rule of law in Kenya’s electoral process,” (2014) Handbook on

Elections Disputes in Kenya under the auspices of the Judiciary Working Committee on

Elections Preparation and the Law Society of Kenya.

35. “Devolution and Education Law and Policy in Kenya,” (2014), Vol. 10(1) Law Society of

Kenya Journal, at 59-90.

36. Ben Sihanya (2013) “The path Kenyan media must travel to secure electoral justice,” The

Media Observer a publication for Media Council of Kenya, April-June 2013, at 17-19.

37. Ben Sihanya (2015) “Media freedom and the quest for electoral justice in Kenya,” The Media

Observer a publication for Media Council of Kenya.

38. “Public participation and public interest lawyering under the Kenyan Constitution: theory,

process and reforms,” Vol. 9 (1) (2013), Law Society of Kenya Journal, 1–32.

39. “Folklore: “Copyright made in Kenya” (2013) NIALS Journal of Intellectual Property [NJIP].

40. “Media law in Kenya in the era of digital broadcasting,” The Media Observer a publication for

Media Council of Kenya, July-October 2012, 12-14.

41. “Character merchandising, endorsement and sponsorship in Kenya and Africa” (2015) Vol. 8

Issue 1 University of Nairobi Law Journal (eds) Eva Kimani, Leon Ndekei, Eds in chief Smith

Otieno, 1-20.

42. “Animal and plant breeder’s rights in Kenya and Africa,” (forthcoming 2018) NIALS Journal

of Intellectual Property [NJIP].

43. “Constitutional implementation in Kenya, 2010-2015: challenges and prospects,” A study

under the auspices of the Friedrich Ebert Stiftung (FES), Occasional Paper No. 5, Nairobi,

January 2013, ISBN: 9966-957-20-0, at

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8

&ved=0ahUKEwiZ0OCIq8nRAhUEuBQKHWFtDYgQFggbMAA&url=http%3A%2F%2Fli

brary.fes.de%2Fpdf-

Page 20 of 83

files%2Fbueros%2Fkenia%2F09857.pdf&usg=AFQjCNGZ8OHbDDVORrkKA4ycuSvGrjW

GLA&sig2=mcQjlD9mOPcIp2Jez2Y88g (accessed 17/1/17).

44. “Plant breeder’s rights in Kenya and Africa,” (2015) in East African Law Journal, 68-100.

45. Peter Wasamba & Ben Sihanya (2012) “What do Kenyan artists get for their skill? Reforming

compensation under copyright,” 24:2 Journal of African Cultural Studies 171-183 (Routledge;

SOAS, London). Prof Wasamba is a Professor, Department of Literature and Associate Dean,

Faculty of Arts, University of Nairobi.

46. “Digital copyright in Kenya (2012)” Vol. 8 2012 No.1 Law Society of Kenya Journal, 119-

148.

47. “Public participation and public interest litigation under the Kenyan Constitution: Theory,

process and reforms,” (2013) Law Society of Kenya Journal.

48. “Administering security and integrity in Kenya’s presidential election 2013,” (2016) Law

Society of Kenya (LSK) Journal.

49. “Intellectual property and Technology Transfer Administration in Kenyan Universities”

(2016) Moi University Law Journal; Sihanya Mentoring & Prof Ben Sihanya Advocates,

Working Paper Series

50. “Copyright Law in Kenya,” International Review of Intellectual Property and Competition

Law (IIC), Journal of the Max Planck Institute for Intellectual Property, Competition and Tax

Law, Munich, Germany, Vol. 41 No. 8, pp. 926-947 (2010) edited by Prof William Cornish,

Prof Paul Goldstein et al.

51. “Reconstructing the Kenyan Constitution and State, 1963-2010: lessons from German and

American constitutionalism,” Vol. 6 No. 1, Law Society of Kenya Journal, 1-35 (released

18.8.2010).

52. “Intellectual property and mentoring for innovation and industrialization in Kenya,” University

of Nairobi Law Journal, Vol. 4 issue 1, 2008, pp. 20-46, Consulting Eds: Dr Ben Sihanya and

Mr Kyalo Mbobu. Peer reviewers were drawn from academics at University of Nairobi Law

School

53. “Kikoy and the commercial exploitation of geographical indications and traditional knowledge

in Kenya,” Intellectual Property Index, 2009, Washington D.C., USA

54. “Intellectual property and mentoring for innovation and industrialization in Kenya,” Law

Society of Kenya Journal, Vol. 5, 2009 No. 1, 29-57, eds: Prof Albert Mumma, Dr Ekuru

Aukot, Mumbi Ngugi, Betty Nyabuto, et al, Editor-in-Chief: George O. Otieno Ochich.

Page 21 of 83

55. “Intellectual property for innovation and industrialisation in Kenya,” Convergence, Vol 4. No.

2. October 2008, 185-213, Journal of the International Bar Association, London.

56. “Intellectual property, quality assurance and ISO in Kenyan universities,” Law Society of

Kenya Journal, Vol. 4 2008 No. 1, 35-65, eds: Prof Albert Mumma, Dr Ekuru Aukot, Mumbi

Ngugi, Betty Nyabuto, et al. Editor-in-Chief: George O. Otieno Ochich.

57. “Patent law and practice in Kenya,” International Review of Intellectual Property and

Competition Law, Volume 38, 6/2007, 648–658, Journal of the Max Planck Institute for

Intellectual Property, Competition and Tax Law, edited by Prof William Cornish, Prof Paul

Goldstein et al.

58. “Intellectual property for innovation and industrialization in Kenya,” in Proceedings of 2006

JKUAT Scientific, Technological and Industrialization Conference, Harnessing Scientific and

Technological Synergies for Innovation and Industrialization, Jomo Kenyatta University of

Agriculture and Technology, Nairobi, October 26-27, 2006 (published 2007), 38-58.

59. “Copyright law, teaching and research in Kenya,” revised article Vol. 2, 2005 East African

Law Journal, (published 2006) (SOJ/EALJ/123/06). Advisory Board: Prof H.W.O. Okoth-

Ogendo, Prof Patricia Kameri-Mbote, Justice Prof J.B. Ojwang.

60. “Intellectual property and innovation in Kenya: legal and regulatory issues in business

incubation,” in Prof Bernard Aduda (ed) Science and Technology Park Development for

Sustainable Industrial Growth, Jomo Kenyatta University of Agriculture and Technology,

Proceedings of the National Workshop in Commemoration of the Scientific Revival Day of

Africa, June 2004, Kenya National Academy of Sciences (KNAS), Nairobi, 41-58.

61. “Regulating education and training in Kenya,” Setting Standards: Education for All EFA News

A Newsletter Journal of UNESCO Nairobi Office 2004 Issue VI, at 10; also translated into

French, at 11.

62. “The Constitution and intellectual property” Katiba Notes, 2002 Volume 1, Issue 2 pp. 1- 8

[Institute of Economic Affairs (IEA)].

63. “Infotainment and cyber law in Africa: regulatory benchmarks for the 21st Century,” in Vol.

10 No. 2 Transnational Law & Contemporary Problems 583-640 (Iowa Law College Special

Symposium) (2000).

64. “Technology transfer, intellectual property rights and bio-safety: strategies for implementing

the Convention on Biodiversity,” in AgBiotech News and Information, Centre on Agricultural

Biotechnology (CAB), London (Vol. 6 No. 3, pp. 53N-60N, 1994).

Page 22 of 83

65. Kameri Mbote, P.G. & B.M. Sihanya (1993) “Intellectual property rights North and South”

Media Development Journal of the World Association for Christian Communication (London)

Vol. XL, pp. 20-21.

66. “Biotechnology and the environment: ethical and intellectual property rights issues in

environmental management,” in University of Nairobi Law Journal No 2 (1993), pp. 37-43.

67. “Kenya’s pyrethrum export under pressure,” Biotechnology and Development, Monitor, The

Netherlands, p. 11 (1992?)

68. “The animal rights movement and the quest for environmental management,” University of

Nairobi Law Journal, No 1, 1991.

L. (ii) Book Chapters

1. Ben Sihanya (2013) “Reflections of open scholarship modalities and the copyright environment in

Kenya,” in Jeremy De Beer, Chris Armstrong, Chidi Oguamanam & Tobias Schonwett, et al (eds)

(2013) Innovation & Intellectual Property Collaborative Dynamics in Africa. UCT Press, Cape

Town (Chapter 9).

2. “Author Empowerment through Copyright in Kenya: Open Scholarship, and Alternative

Publishing” in African Innovation Research and Training (Open AIR), University of Cape Town,

Cape Town; Sihanya Mentoring, Nairobi & Siaya.

3. “Constitutionalism and the rule of law in Kenya’s electoral process,” (2015). Handbook on

Election Disputes in Kenya under the auspices of the Judiciary Working Committee on Elections

preparation and the Law Society of Kenya, Nairobi.

4. Godfrey Musila (ed) (2015) Handbook on Elections Disputes in Kenya “Constitutionalism and the

rule of law in the electoral process,” Law Society of Kenya (LSK) and Judicial Working Committee

on Election Preparations, Nairobi, Kenya.

5. “Security regulation and administration in Kenya,” for Society for International Development

(SID) Eastern & Central Africa, Nairobi (2013)

6. Ouma, Marisella & Ben Sihanya (2010) “[Access to Knowledge in Africa: The Role of Copyright:]

‘Kenya,’” a study under the auspices of the African Copyright and Access to Knowledge (ACA2K)

project and International Development Research Centre (IDRC) Acacia Initiative for Africa and

Shuttleworth Foundation Intellectual Property Rights programme in C. Armstrong, J. De Beer, D

Kawooya, A Prabhala, T Schonwetter (eds) (This book was launched on Saturday, July 31, 2010

at the University of Cape town, South Africa July 31, 2010).

7. Sihanya, Ben & Duncan Okello (2010) “Mediating Kenya’s Post-Election Crises: The Politics and

Limits of Power Sharing Agreement,” in Dr Karuti Kanyinga and Duncan Okello (eds) Tensions

and Reversals in Democratic Transitions: The Kenya 2007 General Elections, Institute of

Development Studies (IDS), University of Nairobi, and the Society for International Development

(SID) Eastern & Central Africa, Nairobi.

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8. “Copyright in E-Commerce and Music Industry in Kenya” in Prof Moni Wekesa and Ben Sihanya

(eds) Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp. 133-176.

Printed on October 23, 2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

9. “Combating Counterfeit Trade in Kenya” in Prof Moni Wekesa and Ben Sihanya (eds) Intellectual

Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp 207-266. Printed on October 23,

2009 and launched on November 10, 2009, at Panafric Hotel, Nairobi.

10. “The Contribution of Academia and Civil Society in Development Policy Making & Budgetary

Process,” in Peter Wanyande & M.A. Okebe (eds) (2009) Discourses on Civil Society in Kenya,

African Research and Resource Forum (ARRF), Nairobi, Section I, Chapter V, pp. 40-64.

11. “The IMF and policy making in Kenya,” in Ben Sihanya (ed) (2008) The Impact of IMF Policies

on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi,

Part III, pp. 45-64.

12. “How IMF policies constrain policy space in Kenya’s health sector,” in Ben Sihanya (ed) (2008)

The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid

International Kenya, Nairobi, Part IV, 65-95.

13. “How IMF policies constrain policy space in Kenya’s education sector,” in Ben Sihanya (ed)

(2008) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action

Aid International Kenya, Nairobi, Part V, 95-122.

14. Sihanya, Ben with Prof James Otieno-Odek (2006) “Regulating and mainstreaming ICT in Kenya

for socio-economic and cultural development,” in Dr George Outa, Dr Eric Aligula, Dr Florence

Etta (eds) Mainstreaming ICT in Kenya: Research Perspectives from Kenya, IDRC and Mvule

Africa.

15. “Patents, parallel importation and compulsory licensing of HIV/AIDS drugs in Kenya,” study

under the auspices of the World Trade Organisation (WTO) and Adelaide University, a Chapter in

Peter Gallagher, Patrick Low, and Andrew L. Stoler (eds) Managing the Challenges of WTO

Participation, Cambridge University Press, London (2005).

16. “Reforming the Kenyan Judiciary, 1998-2003,” in B. Sihanya & P. Kichana (eds) Judicial Reform

in Kenya, 1998-2003 ICJ, Nairobi (2004).

17. “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers in

the cyber society,” Chapter 19 in Prof Thomas Wilhemsson, et al (eds.) (2001) Consumer Law in

the Information Society Kluwer Law International, London; pp. 329-364; peer reviewed by

International Association of Consumer Law (IACL) members – Consumer Law experts in five

continents and other experts.

18. “Implementing the Model Law for Consumer Protection in Africa,” in Prof Sothi S. Rachagan (ed.)

Consumer Protection in the WTO Era International Association of Consumer Law (IACL),

Universite Catholique de Louvain-La-Neuve, Belgium (1999): peer reviewed by IACL members -

Consumer law professors in five continents and other experts.

19. “Regulating Internet business in Kenya,” Chapter in Prof H. R. Mgombelo & Mr M.C.M. Werner

(eds.) (1997) Telecommunications for Business in Africa IOS Press, Amsterdam, pp.125-42.

Page 24 of 83

20. Dr Calestous Juma & Ben Sihanya (1993) “Policy options for scientific and technological capacity

building,” in Dr W. V. Reid, et al. (eds.) Biodiversity Prospecting: Using Genetic Resources for

Sustainable Development World Resources Institute (WRI), et al. Washington, DC, pp.199-221.

L. (iii) Books and Journals Edited

1. The Law Society of Kenya Journal, Vol 9 2013 N0. 2

2. Prof Moni Wekesa & Dr Ben Sihanya (eds) (2009) Intellectual Property Rights in Kenya, Konrad-

Adeneur-Stiftung, Nairobi. Printed on October 23, 2009 and launched on November 10, 2009, at

Panafric Hotel, Nairobi.

3. The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid

International Kenya, Nairobi (editor; 2008)

4. Priscilla Kanyua, Philip Kichana & Ben Sihanya (eds) (2004) Constitutional Cases Digest Kenyan

Section the International Commission of Jurists (ICJ), Nairobi.

5. Judicial Reform in Kenya, 1998-2003, Kenyan Section of the International Commission of Jurists

(ICJ), Nairobi (April 2004)

6. Combating Corruption in Kenya CLARION, Claripress, Nairobi, published, 2005 (includes

articles by University of Nairobi lecturers Dr Ludeki Chweya; Mr S. Kichamu Akivaga...).

L. (iv) Books and monographs (See also Work in Progress: Professorial Research Agenda)

1. Intellectual Property and Innovation in Kenya and Africa: Transferring Technology for Sustainable

Development (2016).

1. Education, Training, Research, Innovation and Mentoring Law and Policy, Cases and Materials

in Kenya (forthcoming 2022).

2. Presidency and Administrative Bureaucracy in Kenya and Africa (forthcoming 2022).

3. Communication Law and Policy in Kenya and Africa (forthcoming 2022).

4. “The Presidency and Public Authority in Kenya’s New Constitutional Order,” Constitution

Working Paper Series No. 2 Society for International Development (SID) Eastern & Central

Africa, Nairobi Printed by The Regal Press Ltd, Nairobi (2011).

5. Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy of

Transnational Intellectual Property (due 2021); doctoral dissertation, Stanford Law School (being

converted into a book).

6. Integrating Innovation and Intellectual Property into the Kenya Constitution study and

presentation prepared pursuant to the constitutional review process under the auspices of the

Constitution of Kenya Review Commission (CKRC) (22/3/2002); peer reviewed at Institute of

Economic Affairs (IEA); being used by North western University Students (USA).

7. How can we constitutionalize innovation, technology and intellectual property in Kenya? African

Technology Policy Studies (ATPS) Technology Brief No. 2 (Nairobi) (February 2002); peer

reviewed by ATPS (Dr Osita Ogbu, etc.) being used to teach MSc and BA/BSc innovation classes

Page 25 of 83

at Jomo Kenyatta University of Agriculture and Technology (JKUAT)and Kenyatta University

(KU), by Prof Henry Bwisa and Prof. G. Msangi, respectively, among others.

8.The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid

International Kenya, Nairobi (editor; 2008)

9.Evaluation of the Automation of the Kenya Industrial Property Office: Impact, Challenges and

Opportunities, World Intellectual Property Organisation (WIPO), Geneva (2008).

10. Vicky Kattambo & Ben Sihanya Social Security Law in Kenya Monograph in Kluwer Law

International’s International Encyclopaedia of Laws, Kluwer, The Hague (Jan. 1999).

11. The State of Consumer Law in Kenya Public Law Institute (PLI), Nairobi (addresses IP, telecoms

law, trade and investment) (1997); peer reviewed by Mr E.M Ndiritu Senior Lecturer, University

of Nairobi Law School, Dr Oki Ooko-Ombaka, SJD (PhD) (Harvard) and Director PLI; Class text

book used by Mr Yash Vyas in Consumer Protection class, University of Nairobi Law School.

12. Model Law for Consumer Protection in Africa Led six researchers in drafting and presenting the

Model Law to African Consumer Leaders Conference, Harare, Zimbabwe (April 28-May 2, 1996).

Peer reviewed and published as such by Consumers International Regional Office for Africa (CI-

ROAF); also published by the United Nations, New York.

13. Protecting Refugee Rights in Kenya International Commission of Jurists (Kenya Section) (1998).

14. Draft Media Bill, 1998 for Friedrich Ebert Stiftung and Kenya Union of Journalists on

communications and the media; Presented to the National Task Force on Media Law (April 1998).

15. Draft Model Competition Law for Africa Prepared for Consumers International Regional Office

for Africa (CI-ROAF), Harare, Zimbabwe (1997).

16. Dr Calestous Juma & Ben Sihanya (1989) Towards Industrial Property Protection in Kenya:

Policy Options and Strategic Approaches Policy Paper for National Council for Science and

Technology (NCST); it constituted the basis for the Industrial Property Act, 1989 and 2001, which

make provision for promoting the social, innovator and consumer interests in technology.

(Consulted Prof JB Ojwang, Dr Ben Majisu).

17. Promoting and protecting technology in Kenya Rapporteur’s Report for NCST seminar on the

Industrial Property Act, 1989 (December 1989).

18. Kenyan Elections, 1997: An Assessment of the Functioning of the Multiparty Political System in

Kenya: The Constitutional, Legal, Political and Administrative Impediments and Prospects Study

prepared for and published by ICJ (Kenya Chapter (December1997).

19. Ben M. Sihanya, with Moses Kakoi, and W. Ngaira, Draft Cultural Policy for the Republic of

Kenya Policy paper prepared for the Ministry of Culture and Social Services under the auspices of

the African centre for Technology Studies (ACTS), Nairobi, 1992.

20. Dr Calestous Juma, Prof JB Ojwang, and BM Sihanya Public Policy Management in Kenya: Long-

term Strategic Approaches Monograph Prepared for the United Nations Development Programme

(UNDP), Nairobi, 1992.

Page 26 of 83

21. Regulatory Regimes Governing NGOs in Kenya Monograph for the Database Project on NGO

Laws and Regulations conducted by the International Center for Not-for profit Laws (ICNL) and

the World Bank, Washington, DC. It was also one of the background reports for the Johannesburg

Conference on An Enabling Environment for Civil Society (September 16-20, 1996); Prof Karla

Simon of ICNL & Columbus University, Dr Edward A. Yansah of Oxford University, etc.

22. Ann Kyalo and BM Sihanya (1993) Three Legal education and legal awareness booklets in

English and Kiswahili on The Kenyan Legal System, The Law of Marriage, and The Law of

Succession, commissioned and published by the British High Commission, Nairobi; consulted Dr

Oki Ooko-Ombaka, SJD (Harvard), etc.

L. (v) Articles and Quotes in peer reviewed magazines, newsletters, newspapers and podcasts

1. Named and quoted in Standard (2022) “Simply Put: Should Kenyan media undertake parallel

vote tallying,” Standard, Nairobi, February 24, 2022, at

https://www.standardmedia.co.ke/podcast/podcasts/295/politics/episodes/2000225432/simply-

put-should-kenyan-media-undertake-parallel-vote-tallying (accessed February 24, 2022). (Ben

Sihanya, Ken Mijungu, Mr Nzau Musau and Ms Melvin Atieno).

2. Ben Sihanya (2020) “Hopes for a better Kenya were dashed from the onset,” Standard, 28/8/2020,

Nairobi, at https://www.standardmedia.co.ke/nairobi/article/2001384228/hopes-for-a-better-

kenya-were-dashed-from-the-onset (accessed November 6, 2020).

3. Ben Sihanya (2016) “Key issues to secure electoral justice in Kenya in 2017,” Standard, Nairobi,

August 11, 2016, at http://www.standardmedia.co.ke/article/2000211577/key-issues-that-must-

be-in-place-for-kenya-to-secure-electoral-justice-in-the-2017-polls; also at

www.innovativelawyering.com (accessed 11/9/2016).

4. Ben Sihanya (2016) “Judges exit age ruling laudable,” Standard Digital, Nairobi, June 17, 2016,

at

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ve

d=0ahUKEwiUh_zCnOvOAhVLvhQKHfhDCLsQFggeMAA&url=http%3A%2F%2Fwww.stan

dardmedia.co.ke%2Farticle%2F2000205523%2Fjudges-exit-age-ruling-

laudable&usg=AFQjCNFI-vfxHNqf8YC5xmCFKIxtlG2Omg&sig2=UP9yd-

vgnFMy2JkkqtWtDA; also at www.innovativelawyering.com (accessed 11/9/2016).

5. Ben Sihanya (2015) “Ruto should stop rallies, try due process route,” Standard, Nairobi, October

31, 2015.

6. Ben Sihanya (2015) “Kenya’s confrontation with the ICC counterproductive,” e Standard, Nairobi,

November 30, 2015.

7. “Equitably compensate education and health workers,” at

http://www.innovativelawyering.com/blogs (accessed 18/9/2012).

8. “Regulate breast milk substitutes equitably,” at http://www.innovativelawyering.com/blogs

(accessed 18/9/2012).

9. “Constitution and Rome Statute on qualification for election as president,” Sunday Standard

(Nairobi) January 22, 2012.

Page 27 of 83

10. “Confronting cyber crime in Kenya,” Daily Nation, Nairobi, April 8, 2011.

11. “Unlike in the past, policy making an integral part of the new Constitution,” Daily Nation

(Nairobi) March 25, 2011.

12. “Evolving nature of Presidency and what we should expect in the future,” Daily Nation (Nairobi)

March 8, 2011.

13. “Consultation between the President and Prime Minister in Kenya,” Standard (Nairobi) February

27, 2011.

14. “Implementing the Constitution of Kenya 2010,” published as “We must facilitate new law,” The

People Daily (Nairobi) September 11, 2010, at 6.

15. “Reconstructing the Kenyan Constitution and State,” published as: “Observing rule of law will

help us realise aspirations of new laws,” Sunday Standard Newspaper (Nairobi), August 29, 2010,

p.37; “Constitution for second Republic,” The People Daily (Nairobi), Friday, August 27, 2010,

p.6; “Service and social welfare now part of nation fabric,” Daily Nation (Nairobi), August 27,

2010, p. XLIII. (Supplement on promulgation of the Kenya Constitution 2010).

16. Ben Sihanya & George Odera Outa (2009) “US ban justified under changing diplomacy trend,”

Sunday Review, Sunday Nation Newspaper, November 1, 2009, at 26.

17. “Is there political will towards achieving agenda four…?” Adili Magazine, Transparency

International, March 2009.

18. “Kikoi and the commercial exploitation of geographical indications and traditional knowledge in

Kenya,” Law Society of Kenya (LSK) Magazine, The Advocate.

19. “Negotiating intellectual property in Seattle and beyond: strategies for protecting Southern trade

and development interests,” Working paper presented at the Southern Seminar for the WTO

Millennium Round, MS-Training Centre for Dev. Co-operation (MS-TCDC), Arusha, Tanzania,

October 18-22, 1999; revised and published in EcoNews Africa, Oct. 1999, 6-8.

20. “The [Kenya] Communications bill and the media,” Economic Review (Nairobi) May 12-18, 1997,

16-17.

21. “Lecturers await pay boom – or gloom, “Opinion: University Crisis: Daily Nation (Nairobi),

Friday, February 20, 2004, at 9.

22. “Lecturers’ strike: the options available,” Opinion: Higher Education: Daily Nation (Nairobi),

Thursday, January 16, 2004, at 9.

23. “Saitoti’s Forum has no legal mandate,” Opinion: Lecturers’ Strike: Daily Nation (Nairobi),

Thursday, January 8, 2004, at 9.

24. “How best should govt repossess public land?” Opinion: Demolished Hopes, solicited report for

Daily Nation (Nairobi), Tuesday, Dec 23, 2003, at 9.

25. “Patent wars raging over Aids cure,” Opinion: Pandemic, Daily Nation (Nairobi), Wednesday, Dec

17, 2003, at 9.

Page 28 of 83

26. “Legal points ignored in lecturers’ strike,” Opinion: Trade Dispute, Daily Nation (Nairobi),

Tuesday Dec 9, 2003, at 9.

27. “How to curtail the brain drain affecting Kenyan universities,” News Analysis, solicited report for

Sunday Nation (Nairobi), Nov 16, 2003, at 6-7.

28. “Sustainable democracy and institutional development in Kenya: An assessment of the [ICJ]

Mombasa Seminar,” Rapporteur’s critique of the ICJ (Kenya Chapter) Seminar on Freedom of

Expression, Assembly and Association, Safari Beach Hotel, Mombasa, May 6-10, 1992. Published

in Vol. 1, No. 3, June, pp. 22-25 Kenya Jurist, (Journal of the ICJ (Kenya Chapter).

29. “Convention signed at critical time,” Innovation A magazine of Technology and Sustainable

Development Vol.2 No. 3 September 1992, African Centre for Technology studies (ACTS)

September 1992, p.7.

30. “Environmental concern grips world community,” Daily Nation (Nairobi) December 12, 1992.

31. “For the people by the people,” article on development, Weekend Mail (Nairobi) October 9, 1992.

32. 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).

33. “A boost for local research,” Industrial Review (Nairobi) (January 1990).

34. “Industrial Property Law: sweet relief,” Industrial Review (Nairobi) (January 1990).

35. “Law, religion and politics: is the alliance sustainable?” Sheria, Issue No. 1 (August 1989) (A

student’s law magazine).

L (vi) Book reviews

1. “Concepts of jurisprudence,” review of Dr RS Bhalla’ Concept of Jurisprudence, Nairobi

University Press, 1990, in The Advocate Journal of the Law Society of Kenya, Vol. 2, No. 4, p. 11

(June 1993).

2. Review of Biotechnology and Farmers’ Rights: Opportunities and Threats for Small Scale

Farmers in Developing Countries by Hans Brouwer, Eric Stokhof and Joske F.G. Bunders (eds.),

VU University Press, Amsterdam, 1992, in Vol.2 No. 8 May 13, 1993 EcoNews Africa, Circular

on Environment and Development (Nairobi).

3. Ben M. Sihanya with H. Owino-Opondo (1992) “Odinga’s double view of Kenyatta,” review of

Prof. H. Odera Oruka’s Oginga Odinga: His Philosophy and Beliefs in Weekend Mail (Nairobi),

August 21, at 4.

4. “Let’s take charge of our resources” (1992) Book review of Dr Calestous Juma and Prof J.B.

Ojwang’s Technology transfer and sustainable development African Centre for Technology

Studies (ACTS) Nairobi (1992), in Weekend Mail (Nairobi) September 18.

5. “Liberty and limitations: a critical look at the party question and government accountability,”

review of Prof JB Ojwang’s (1990) Constitutional Development in Kenya: Institutional Adaptation

and Social Change Acts, Nairobi, in Weekly Review (Nairobi), August 31, 1990.

Page 29 of 83

6. “Championing their cause,” Book review of Mary A. Mbeo and Dr Oki Ooko-Ombaka’s (eds)

(1989) Women and Law in Kenya Public Law Institute, Nairobi, in Industrial Review (Nairobi),

May 1990.

L (vii) Research and Mentoring Agenda towards a Library & School

Trade Related Intellectual Property and Innovation Law in Kenya and Africa (TRIPILKA)

1. Ben Sihanya (2016; reprinted 2020) Intellectual Property and Innovation Law in Kenya and

Africa: Transferring Technology for Sustainable Development, Sihanya Mentoring & Prof Ben

Sihanya Advocates, Nairobi & Siaya.

2. Intellectual Property in Kenya and Africa: Ben Sihanya’s Essays on IP, Innovation, and

Technology Transfer, 1989-2021.

3. Intellectual Property in Kenya and Africa: Intellectual Property Cases and Materials

(forthcoming 2022).

4. Ben Sihanya (forthcoming 2022) Intellectual Property in Kenya and Africa: Constructing

Copyright and Creativity in Kenya and Africa: Cultural Politics and the Political Economy of

Transnational Intellectual Property, (Revised JSD (PhD) Thesis, Stanford, California, USA)

(due 2021).

5. Copyright in Kenya and Africa: Cases and Materials.

6. Trade Mark in Kenya and Africa: Cases and Materials.

7. Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy

of Transnational Intellectual Property (JSD (PhD) Thesis, Stanford, California, USA)

8. TRIPs Agreement in Kenya and Africa.

9. Opening Sources for Kenya’s Development: The Discourse on Intellectual Property,

Technology Transfer and Access to Software and Cyberspace in Kenya (JSM (Research LLM)

Thesis, Stanford)

10. Regulating and Transferring Telecommunication Technology in Kenya: Corporate Responses

to Development Challenges (LLM Thesis, Warwick Law School, UK)

11. Copyright and Constitutional Democracy in Kenya and Africa: Innovation, Rule of Law, Due

Process, Freedom of Expression, Satire, Parody and Fair Dealing In Poems, Songs, and Chants.

Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa

(CODRALKA)

1. Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa, Vol. 1:

Elections, Governance, Human Rights, the Rule of Law, and Due Process in Kenya and Africa:

Ben Sihanya’s Essays, 1989-2016.

Page 30 of 83

2. Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa, Vol. 2:

Presidency, Bureaucracy and Administrative Justice in Kenya (Revised Teaching Notes on

Constitutional Law and Comparative Constitutional Law by Ben Sihanya 2004-2016.

3. Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa, Vol. 3:

Opposition, NGOs, Academics, Clerics, and the Media in Governance.

4. Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa, Vol 4:

Constitutional Democracy Cases and Materials.

Education and Communication Law and Policy in Kenya and Africa

1. Education, Training, Research, Innovation and Mentoring Law in Kenya

2. Communication Law and Policy in Kenya and Africa.

Legal Research Methodology, Thesis and Academic Writing Guidelines

1. Sihanya Mentoring LLM Thesis and Research Project Paper Guidelines: Proposal,

Preliminaries, Text, Writing, Bibliography, Citation, Punctuation, Formatting, Corrections,

Submission and Marking Scheme.

2. Sihanya Mentoring LLB Research Paper Guidelines: Proposal, Preliminaries, Text, Writing,

Bibliography, Citation, Punctuation, Formatting, Corrections, Submission and Marking

Scheme

3. Sihanya Mentoring PhD Thesis Guidelines: Proposal, Preliminaries, Text, Writing,

Bibliography, Citation, Punctuation, Formatting, Corrections, Submission and Marking

Scheme

L (viii) Journals and journal articles edited

1. Law Society of Kenya Journal (since 2010-)

2. Kenya Law, Journal for the Council for Law Reporting (Kenya).

3. Hezekiel Oira, Lonias Ndlovu, Desan Iyer, & Ben Sihanya (2020) “A commentary on

broadcast copyright protection in Kenya and South Africa against the prism of WIPO

negotiations on the rights of broadcasters,” South African Intellectual Property Law Journal,

Volume 8 – 2020.

4. Waceke Kamende (2020) “Would COVID-19 be considered a material adverse effect event in

mergers and acquisitions?” Law Society of Kenya, Advocate, Nairobi.

5. Barbra Ati Louis (2020) “More than a pandemic for persons with disabilities,” Law Society of

Kenya Advocate, Nairobi.

6. Paul Ochieng Juma (2020) “Protecting the life and health of persons with disabilities during

the COVID-19 pandemic,” Law Society of Kenya Advocate, Nairobi.

7. Levi Munyeri (2020) “Detention without trial under COVID-19: Through forced quarantine of

suspected curfew violators is unconstitutional,” Law Society of Kenya Advocate, Nairobi.

8. “Data protection and COVID-19: What you need to know for your business,” Law Society of

Kenya Advocate, Nairobi.

Page 31 of 83

9. Teddy J. O. Musiga (2016) “Case commentary Intergration of Customary Law Concepts onto

Kenya’s Criminal Justice System: A Commentary on Lenchura and Mohamed Abdow cases”

10. Njaramba Gichuki (2010) “Judicial Activism in Post 2010 Kenya and the Impact on

Management of Public Affairs,” Law Society of Kenya Journal, Nairobi (forthcoming 2017)

11. Mercy Obado Ochieng (2016) “Appraising the Relevance of the Dichotomy of Armed Conflict

in Jus In Bello in The 21st Century,” Law Society of Kenya Journal, Nairobi (forthcoming

2017)

12. Yash Vyash (2016) “Criminal liability of state corporations,” Law Society of Kenya Journal.

M. DISCUSSION PAPERS, CONFERENCE PAPERS AND RELATED RESEARCHES

(INCLUDING REPORTS)

1. Ben Sihanya (forthcoming 2022) “Kenya Beyond August 2022: Leadership, Civic

Engagement, and Constitutional Governance in Kenya,” presentation for Kenya Catholic

Lawyers Association (KECLA), April 13, 2022.

2. Co-chaired Technical Session II of the three-day Virtual International Conference on “World

Constitution: A New Horizon of Human Rights,” organized by the Government Law College

(GLC), Mumbai, on January 8, 2022. Presented on the “World Constitution and Challenges

Ahead.”

3. Presentation on August 27, 2021 as a panelist of the Kabarak Law School Avid Readers Forum

discussion on “Katiba @11: Deconstructing the BBI Judgment,” at

https://www.youtube.com/watch?v=L7NjnrbHRgs&t=6864s (accessed August 31, 2021).

4. Presentation on “An Overview of International Intellectual Property Filing,” on July 21, 2021,

during the Law Society of Kenya (LSK) Continuing Professional Development (CPD)

Webinar.

5. Presentation via Zoom on May 19, 2021 as a panelist of the East Africa Law Society (EALS)

discussion on “The Rise of the Basic Structure Doctrine in East Africa: Analysing the decision

of the High Court of Kenya in David Ndii & Others v. Attorney-General & Others.”

6. ODM Disciplinary Committee (DC) Report to the National Executive Committee (NEC)

February 2021 (September- December 2020).

7. Presentation at ODM Party meeting at Ufungamano House to delegate with clergy over BBI,

on January 28, 2021, at https://fb.watch/3qrIvG2dNp/ (accessed February 3, 2021).

8. Ben Sihanya presented at the ODM Members of County Assemblies Consultative Meeting,

Cooperative University, Nairobi County on February 2, 2021.

9. Ben Sihanya (forthcoming 2022) “Intellectual Property, Innovation, and Technology Transfer

in Health in Kenya and Africa: Case of COVID-19 and Malaria,” in Ben Sihanya (forthcoming

Page 32 of 83

2022) Intellectual Property and Innovation Law in Kenya and Africa: Cases and Materials

(IPILKA 2), Sihanya Mentoring & Prof Ben Sihanya Advocates, Nairobi & Siaya, at

http://innovativelawyering.com/attachments/12282.pdf.

10. Ben Sihanya (2020) “Mechanisms for Intellectual Property Rights Exploitation and

Commercialization in Joint Research and Collaboration during Epidemics and Pandemic in

Africa,” Contribution to the African Scientific, Research and Innovation Council (ASRIC)

Board on STI Intervention for COVID-19.

11. Discussant and speaker at the 10th Annual African Languages in Disciplines and Professions

Conference held at the University of Nairobi Law School between June 19-20, 2019.

12. Presentation on “Copyright and management of public sector information for least developed

countries” during the WIPO International Conference held in Nairobi on June 14, 2019 at the

Boma Hotel, Nairobi.

13. Discussant on “Constitutionalism, public finance management and Kenya’s fiscal policy: In

debt we trust,” during a Panel Discussion Organised by the University of Nairobi Law School

and the Governance and Public Policy Society on 20/12/2018 (forthcoming).

14. Presentation on “Interdisciplinarity in law teaching and research methodology in curriculum

review, delivery and evaluation in Kenya,” during the University of Nairobi Law School LLB

Curriculum Review Workshop held on 19-22/11/ 2018.

15. Presentation on “Constitutional amendment and the referendum debate,” during the University

of Nairobi Students Association Debate on Constitutional Amendment held on 19/11/ 2018.

16. Presentation on “Intellectual property and innovation in the value chain in Kenya and Africa:

a case for interdisciplinarity in university research and development in health, natural

resources, food, education and governance,” during the 8Th International Interdisciplinarity

Conference held at the University of Nairobi, 27-30/6/2018.

17. Presentation on “Intellectual property and innovation for sustainable development of the blue

economy in Kenya and Africa,” during the Sustainable Blue Economy Conference held at

Nairobi on November 26-28, 2018.

18. Presentation on “University contribution to intellectual property and research, science,

technology and innovation in Kenya’s socioeconomic transformation,” at the 2ND Biennial

Conference on the State of University Education held at Utalii Hotel on October 30- November

2, 2018.

19. Presentation on “Creating tangible sustainable socio-economic impact in Africa: Intellectual

property and economic development,” at the Canadian High Commission Trade Chat in

Nairobi on August 30, 2018.

20. Presentation on “Is it time to talk constitutional amendments” at the Conference on

Constitutional Amendment held at the University of Nairobi on June 8, 2018.

21. Presentation on “Intellectual property and innovation audit, valuation, and commercialisation

in Kenya,” at the University of Nairobi Innovation Research Symposium held on March 6,

2018 at the University of Nairobi.

Page 33 of 83

22. International expert in the “Patent, trade mark, copyright and related rights” during the World

Intellectual Property organization (WIPO) Train-the-Trainer program for judges in Abuja

Nigeria from July 17-19, 2018.

23. Ben Sihanya (2021) “Integrating IP, Innovation, Transfer of Technology and Licensing in

Kenya and Africa,” Vol. 9(2), WIPO-WTO Colloquium Papers,

at https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2018_african/chapter_

1_2018_african_edition_e.pdf (accessed October 22, 2021), 1-17.

24. Ben Sihanya (2021) “Scholarship & Teaching of Intellectual Property & Innovation in

Kenya and Africa,” Vol. 9(2), WIPO-WTO Colloquium Papers,

at https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2018_african/chapter_

4_2018_african_edition_e.pdf (accessed October 22, 2021), 40-49. Working paper presented

at WIPO-WTO Regional Colloquium for IP Teachers and Researchers at the University of

South Africa in Pretoria, South Africa from April 9-12, 2018 and the IP Scholars Africa

Conference on April 13, 2018.

25. Guest Speaker on “Role of Academia in Kenya’s Electoral Process,” at Consultative meeting

for the 2017 General Elections at Safari Park Hotel, Nairobi on June 7, 2016, A meeting

organised by the Council of Governors.

26. Presentation on “Effective Risk Management in Kenyan and African Organisations” at the

General Counsel Africa Summit on April 14, 2016 at the Intercontinental Hotel, Nairobi.

27. Presentation on “Case Management and Administrative Review Procedure on Procurement” at

the workshop training of the public procurement administrative review board members and

secretariat on June 10, 2015 at Fairmount Mt. Kenya Safari Club

28. Presentation during the Seminar on Commercial and Intellectual Property Law: Intellectual

Property, Innovation and Technology: Audit, Valuation, Commercialisation, Securitisation and

Taxation organised by Law Society of Kenya at Panari Hotel, Nairobi on April 24, 2015.

29. Presented at the Tanganyika Law Society (TLS) Conference under the theme The

Constitutional Review Process in Tanzania: Reflections on the Constituent Assembly,

Referendum Monitoring and Experience from neighbouring Countries, at Arusha International

Conference Centre, Tanzania, February 22, 2014.

30. “Background, status, operational mechanisms and enhancing quality delegated legislation in

Kenya,” presentation during the retreat of the Senate Committee on Delegated Legislation and

chairpersons of the Committees on delegated Legislation of the County assemblies, at Serena

Beach Hotel, Mombasa, Kenya, February 21, 2014.

31. “Limitations and exceptions to copyright in Kenya in the context of the creative commons”

presentation at the Global Congress Conference, South Africa, December 9-13, 2013.

32. Nagla Rizk - Ben Sihanya debate & interview on Reflections of open scholarship modalities

and the copyright environment in Africa debate at the open air conference on the launch of

South African Intellectual Property Law Journal (IPLJ), L. Tong and C. Ncube (eds) 2013,

Juta Co Ltd based on Nagla Rizk “From de facto commons to digital commons? The case of

Page 34 of 83

Egypt’s independent music” 171-202 (chapter 8) and Ben Sihanya “Rights in a performance in

Kenya” 203-330 (Chapter 9).

33. “The United Nations Convention Against Corruption Implementation: Review on Kenya,”

(2013) a presentation at the civil society retreat on the United Nations Convention Against

Corruption review; November 6-9, 2013 at Brakenhurst Hotel, Limuru.

34. “Emerging jurisprudence on Article 24 of Kenya Constitution relating to balancing of

competing human rights,” a presentation to the Kituo cha Sheria “Legal Advice Centre” 4th

Annual Public Interest Litigation Colloquium on Thursday, December 5, 2013, Panafric Hotel,

Nairobi.

35. “Technology in Kenya’s Supreme Court presidential Petition in Raila Odinga: Technophobia,

Dynamic Digital Tyranny (DDT) and the Future of presidential electoral justice” (2013) a

presentation at the Symposium on the Supreme Court decision in Raila Odinga v. Independent

Electoral and Boundaries Commission and Others on November 19, 2013 at the University of

Nairobi.

36. “Copyrighting film-production and distribution in Kenya” (2013) Presentation at Hot Sun

Foundation, Kibera on November 21-22, 2013.

37. “Constitutional Commissions in Kenya: Experiences, Challenges and Lessons” (2013) A study

under the auspices of the Friedrich Ebert Stiftung (FES) presented at the Conference on State

of Implementation of Constitution since 2010 on November 20, 2013 at Laico Regency.

38. “Promoting Intellectual Property at the University of Nairobi” (2017) article for the newsletter,

University of Nairobi office of the Deputy Vice-Chancellor Research, Production and

Extension (RPE).

39. “Overview and objects of the Constitution: Why the Constitution of Kenya 2010?” paper

presented three times at the University of Nairobi (RRI) sensitization community, CCU

building on Tuesday 3/9/2013; Friday 6/9/2013 and Monday 16/9/2013 CCU building.

40. “HIV/AIDS law and ethics in Kenya,” paper presented at the (GCCD) workshop on HIV/AIDS

Peer Education, Life Skills & VCT on August 8, 2013, at the Boma Hotel Red Cross HQ,

Nairobi.

41. Presented at the Workshop on Support in Trade Negotiations for Professional Regulatory

Bodies and Professional Associations: Building the capacity of professional regulatory bodies

and professional associations to negotiate Mutual Recognition Agreements under the East

African Community, 2012, Greenhills Hotel, Nyeri, October 28-November 2, 2012.

42. Contributed to ARTICLE 19’s expert meeting on Freedom of Expression and Copyright, 7

December 2012, London (only contributor invited from Africa).

43. “Comments on the LLB and LLM curricula after the Naivasha Board Retreat,” September 25,

2012.

Page 35 of 83

44. “Regulations on eligibility for admission into Doctor of Philosophy (Law) Degree

Programme,” contributions to the curriculum review, University of Nairobi Law School,

September 25, 2012.

45. “Administering security and integrity in Kenya’s presidential elections,” presentation to the

Law Society of Kenya (LSK) Annual Conference, Leisure Lodge Beach & Golf Resort, 15-19

August, 2012, Mombasa, on Integrity & Leadership: Managing the Electoral Process.

46. “Security and the administration of presidential elections in Kenya: citizens’ rights, the quest

for constitutional government,” The Advocate, The Magazine of the Law Society of Kenya,

August 2012, pp. 4-7.

47. “Administration and enforcement of IP rights in sports”, presentation to the Intellectual

Property (IP) and Sports Seminar organised by the Kenya Intellectual Property Institute (KIPI)

and the Kenya Copyright Board (KECOBO), June 11-12, 2012 at Nairobi Safari Club.

48. “Security and the administration of presidential elections in Kenya: citizens’ rights, the quest

for constitutional government,” presentation to the Law Society of Kenya (LSK) Seminar on

Laws, International Treaties & Facts in this Century, Panari Hotel, 10-11 May, 2012, Nairobi.

49. “Administering Presidential Elections in Kenya: Citizens rights to security and the issue of

governance” presentation to the Law Society of Kenya (LSK) Seminar on Laws, International

Treaties & Facts in this Century, Panari Hotel, 10-11 May, 2012, Nairobi.

50. “Empowering Authors in Kenya: Copyright and Alternative publishing under Open

Scholarship,” presentation of draft paper at the Open-AIR Interim Workshop, Fairview Hotel,

Nairobi, 26-29 March, 2012.

51. “Administering and regulating education for national integration in Kenya,” presentation to

the National Cohesion and Integration Commission (NCIC) People’s Conference on Diversity,

Ethnicity and Race, Kenyatta International Convention Centre (KICC), Nairobi, March 12-13,

2012.

52. “Review of the National Government Function and Coordination Bill,” Presentation to the

Society for International Development (SID) on Devolving State Power: Kenya’s Prospects

and Challenges at the Intercontinental Hotel, Thursday, February 23, 2012.

53. “The Role of the Judiciary in the Accountability and Governance of the Devolved Government

Structure,” presentation to the Institute of Certified Public Accountants of Kenya (ICPAK) 20th

Economic Symposium on Governance and Accountability of the Devolved Government

Structure, Hilton Hotel, Nairobi, February 22-24, 2012.

54. “Administering and Regulating Security,” Presentation to the Society for International

Development (SID) on Keeping the Promise of Democratically Controlled and Accountable

Security Sector, Intercontinental Hotel, Nairobi, February 2, 2012.

Page 36 of 83

55. “The Right to Health Care Services under Constitution of Kenya 2010,” presentation to

doctors, clinicians, nurses and other health workers conference on the Draft Health Bill, 2011

on Saturday, January 28, 2012, Maweni Cottages, Mombasa.

56. “Constitutional Implementation in Kenya: Challenges and Prospects,” A study under the

auspices of the Friedrich Ebert Stiftung (FES) and University of Nairobi’s Department of

Political Science & Public Administration, Occasional Paper Series, Nairobi, presented at the

FES and UoN workshop, Nairobi Safari Club, November 2011.

57. “Copyright challenges to librarians, researchers, and publishers,” a keynote presentation to

Training Workshop on Copyright Law for Librarians & Researchers, 24th -26th August 2011,

Lenana House Conference Center, Lenana Road, Nairobi.

58. “The Impact of the new Constitution on Socio-economic and Political Rights and the Role of

Civil Society and Faith-based Organizations under the new Constitutional Dispensation,”

presentation to Comboni Missionaries Mission Week on Friday August 5, 2011, Comboni

offices, Ngong Road, Nairobi.

59. “Protecting Children in Cyberspace in Kenya; Whose Responsibility Is It?” a report submitted

to Communications Commission of Kenya on Child Online Protection, July 18, 2011.

60. “Constitutional Supremacy and the Rule of Law: The separation of powers model in Kenya;

the role of the judiciary in promoting constitutionalism,” presentation to the Kenya National

Commission on Human Rights (KNHCR) Stakeholders’ consultative forum on the role of the

judiciary in the implementation of the constitution at KSMS, Saturday, March 19, 2011.

61. “Exploring Cyber criminality and Security in Kenya and Africa Inventory and Research

Priorities,” presentation of research findings to International Development Research Centre

(IDRC), Dakar, Senegal (2010).

62. “Intellectual Property Administration” presentation at a seminar organized by the Law Society

of Kenya’s (LSK’s) Continuing Legal Education (CLE) at Panari Hotel on October 8, 2010.

63. “Building Consensus and Implementing a New Constitution” presentation at a seminar

organized by the Law Society of Kenya (LSK) at the Panari Hotel on February 18, 2010.

64. “The Historical Context of the Interim Independent Constitutional Dispute Resolution Court

(IICDRC) in Kenya,” Talking points for a presentation to a judicial retreat organized by the

Ministry of Justice and Constitutional Affairs in collaboration with the United Nations

Development Programme (UNDP) at the Naivasha Simba Lodge on February 15, 2010.

65. “Overview of the [Constitution] review process: PSC’s [Parliamentary Select Committee’s]

Approach,” presentation at a Members Forum organized by the International Commission of

Jurists (ICJ) Kenya and the Law Society of Kenya (LSK) at Panafric Hotel on February 10,

2010.

66. “Reconstructing the Kenyan Constitution and State, 1963-2009: lessons from German and

American constitutionalism,” Presentation at the 60 Years of German Constitutionalism –

Constitutional Debate in Kenya, Organized by the German Academic Exchange Service

(DAAD) Regional Office for Africa, at the University of Nairobi, Main Campus, Kenya,

Page 37 of 83

October 22, 2009, on file at Innovative Lawyering Nairobi; Sihanya Mentoring, Siaya and at

www.innovativelawyering.com.

67. “Cyber-regulatory co-ordination in East Africa: the Kenyan case,” Paper presented at the East

African Internet Governance Forum, Jacaranda Hotel, Nairobi, September 8, 2009.

68. “Legal processes and procedures in Kenya: an audit on women’s position,” paper presented at

the African Women’s Study Centre Conference of the University of Nairobi, National

Consultative Meeting, August 28, 2009.

69. “Kenyan and African constitutionalism in the emerging Obama doctrine: Implications on

governance,” Presentation at discussion the Impact of President Barack Obama’s Speech in

Ghana on Africa, organized by the US Embassy, at the Intercontinental Hotel, Nairobi July 11,

2009.

70. “The Procurement Act: history, challenges and opportunities,” Presentation to the University

of Nairobi Enterprise Services (UNES) and the Public Procurement Oversight Advisory Board

(PPOAB), June 3, 2009.

71. “Mentorship in the legal profession: the role of the pupil master,” training for Council of Legal

Education (CLE) and the Kenya School of Law, Eldoret, May 15, 2009, training of pupil

masters (advocates) and pupils.

72. “Impact of IMF Policies on the Right and Access to Education and Impact of IMF Policies on

the Right to Health,” training on Economic literacy training conducted under the auspices of

Action Aid Kenya, 16-19 February 2009, Wida Highway Motel, Nairobi.

73. Trainer on “Impact of IMF Policies on the Right and Access to Education and Impact of IMF

Policies on the Right to Health,” training on Economic literacy training conducted under the

auspices of Action Aid Kenya, 23-27 March 2009, Roasters Hotel, Nairobi.

74. “Business modernization of IP institutions in Kenya and Africa: use of information technology

in IP management,” presentation at the Inter-regional forum on Development and Service

oriented IP administration held at the World Intellectual Property Organisation (WIPO)

headquarters in Geneva, July 1-2nd, 2008.

75. Evaluation of the Automation of the Kenya Industrial Property Office: Impact, Challenges and

Opportunities, Consultancy report presented to and published by the World Intellectual

Property Organisation (WIPO), Geneva and the Kenya Intellectual Property Institute (KIPI).

(2007-2008)

76. “Democratizing the electoral process,” Presentation at the Law Society of Kenya Conference,

27th -30th August 2008, Leisure Lodge Resort, Mombasa.

77. “Copyright for non-fiction authors” A presentation for the Kenya Non-Fiction Authors

Association (KENFAA), January 26, 2008, Kenya National Theatre, Nairobi.

78. “Intellectual property and quality assurance in Kenyan universities,” a paper presented at the

2nd International Conference on Quality Assurance in Higher Education organised by the

United Nations Education, Scientific and Cultural Organisation (UNESCO), Zimbabwe

Cluster Office, in Dar es Salaam, Tanzania, September 17-19, 2007.

Page 38 of 83

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

Conference on ICT for Development, Education and Training, Safari Park Hotel, Nairobi, May

28-30, 2007.

80. “Intellectual property in business and development in Kenya,” presentation at workshop on

Anti-Counterfeiting and Intellectual Property Strategies in Kenya, September 19–20, 2006.

81. “Freedom of Expression and Access to Information in Kenya,” a presentation at a Workshop

on the Freedom of Expression of the Media organised by the International Commission of

Jurists-Kenya at Sports Man Hotel in Nanyuki, May 13th, 2006.

82. “Copyright and related rights and their economic potential to performing artists” paper

presented to the Training Workshop for Performing Artists organised by the Kenya Copyright

Board and the Society for Performing Artists of Kenya (SPAK), The Kenya National Theatre,

Nairobi, April 20, 2006.

83. “Inequalities in human rights, constitutionalism and legal practices: What are the key issues

and how can policy respond?” A discussion paper presented to the workshop on Sectoral

Dialogues on Inequality: Perspectives from Legal, Constitutional and Governance Dimensions,

Workshop organised by the Society for International Development (SID), Hotel Inter-

Continental, Nairobi, April 18, 2006.

84. “Intellectual Property and Innovation in Kenya: Legal and Regulatory Issues in Business

Incubation,” a paper presented to the National Workshop in Commemoration of the Scientific

Revival Day of Africa, organised by the Kenya National Academy of Sciences, June 2004.

85. Prof Ben Sihanya & Dr Osita Ogbu, On technology transfer: TRIPS leaves Africa in the cold

study under African Technology Policy Studies Network (ATPS) Technology Brief (Nairobi)

(December 2003).

86. “Regulating education and training in Kenya: production and distribution of teaching and

learning materials, intellectual property, ICT and governance,” A discussant’s perspective on

“The legal framework of education in Kenya” (A presentation by Prof HWO Okoth-Ogendo),

Presentation at the National Conference on Education and Training: Meeting the challenges for

Education Training in Kenya in the 21st century, Kenyatta International Conference Centre

(KICC), November 27-29, 2003.

87. “Policy-making and law-making in ICT and intellectual property in Kenya,” and “Intellectual

property in the context of ICT in Kenya;” presentations at the training workshop of Kenya Civil

Society World Summit on Information Society (WSIS) Caucus (Arid Lands Information

Network (EA)), Kenya School of Monetary Studies, Nairobi, Nov 17, 2003.

88. TRIPs and Access to Drugs, Food and the Relevant Technologies in Kenya: Reforming

Intellectual Property and Trade Laws for Sustainable Development, Published Research

Report for EcoNews Africa, Nairobi, on addressing the impact on Kenya of the intellectual

property regime under the Agreement on Trade Related Aspects of Intellectual Property Rights

(TRIPs), 2003.

89. “Law reform and legislative drafting in Kenya in comparative context: institutional synergies

and capacity building at Kenya Law Reform Commission (KLRC) and A-G’s Chambers,”

Page 39 of 83

Working paper presented at the Kenya Law Reform Commission Strategic Planning

Workshop, Whitesands, Mombasa, January 29-30, 2004.

90. “Open sources and access to software and cyberspace in Kenya,” Paper presented at the

Stanford-UC Berkeley (April 2001) Conference on Democratization in Africa.

91. “Copyright’s fortunes: brought from Britain, copied for Kenya,” Coursework essay under Prof.

Paul Goldstein; obtained distinction; work in progress (2001; 2010).

92. “Intellectual property confronts counterfeiting in Africa: protecting innovators and consumers

in the cyber society,” Presentation at International Association of Consumer Law (IACL)

Conference, Helsinki (May 1999).

93. “Negotiating royalties between breeders and seed merchants in Kenya: strategic

considerations,” Working paper presented at the Seed Trade Association of Kenya (STAK)

Workshop, Serena Hotel, Nairobi, January 21, 2000.

94. Harmonization of the Legal Framework on Education, Training and Research. Vice Chair, and

Member of the National Task Force on the Review and Harmonisation on Education, Training

and Research Law in Kenya, January 2006–November 2008 (Appointed by Prof George

Saitoti, the Minister of Education, Science and Technology).

95. Legislative Reforms for Electronic Transactions in Kenya: Policy and Strategic Options report

presented to the Office of the President, Directorate of e-Government and the United Nations

Development Programme (UNDP) on February 8, 2007, following the stakeholders’ workshop

on e-transactions held at the Whitesands Hotel, Mombasa, 13th -16th December 2006.

96. National Economic and Social Council Bill, 2003; draft Bill for the Ministry of Planning and

National Development, sponsored by the UN Development Programme (September 2003)

97. “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.

98. “Integrating technology transfer under TRIPs for Africa’s development,” study for African

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

99. “Innovation, technology transfer and intellectual property: making the link in constitutional

engineering in Kenya,” Study for African Technology Policy Studies (ATPS) network, Nairobi

(October 2001).

100. “Innovation, technology transfer and IP: the missing link in Constitution making in

Kenya,” Speech at the Rotary Club of Milimani (Nairobi) lunch (September 2001).

101. “Making TRIPs work for Kenya’s development,” Speech at the Institute of Economic

Affairs (IEA) public forum, Nairobi (August 15th, 2001).

102. “Litigating Y2K insurance problems in Kenya: legal liability for the millennium

challenge,” Working paper presented at the British Council’s BICA-Kenya Conference on the

Kenyan Information Society at Nairobi Safari Club (October 13-14, 1999).

Page 40 of 83

103. “Benefit sharing and royalty computation within plant breeders’ rights (PBRs):

strategies for intellectual property valuation in Kenya,” Working paper presented at the Kenya

Plant Breeders Association Workshop, Kenya Plant Health Inspectorate Services (KEPHIS),

Offices, Nairobi, October 7, 1999.

104. “Enhancing consumer participation and representation in Africa,” Paper presented at

the 44th Annual Conference of the American Council on Consumer Interest (ACCI),

Georgetown University Law Center, Washington, DC (March 1998).

105. Y2K Legal Guidelines for Kenya; and Elements of Kenya’s Policy on Y2K Report to

the national Y2K Steering Committee and National Y2K Co-ordination Centre, Nairobi

(November-December 1999). (Published as a special issue of the Government of Kenya’s

Gazette)

106. The Y2K Bill,1999 Draft Bill prepared under the auspices of the National Y2K Steering

Committee and the National Y2K Co-ordination Centre, Nairobi (Nov.-Dec. 1999)

107. The Copyright Bill, 1999: Some Comments and Proposals Solicited comments to the

Office of the Attorney General, Nairobi (November 1999).

108. “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).

109. “Developing IT law in Kenya: intellectual property perspectives,” Paper presented at the

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

110. Regulating Internet Services in Tanzania Consultancy report for Tanzania Communications

Commission, Dar es Salaam (Jan. 1999).

111. Regulating Payphone Services in Tanzania Consultancy report for Tanzania Communications

Commission, Dar es Salaam (Jan. 1999).

112. Establishing Nestlé’s liaison office in Tanzania and the Status of Nestle East Africa Ltd.: a

legal opinion an investment opinion for Nestle Foods (K) Ltd. (October 1998).

113. “Apportioning legal liability and litigating the Y2K problem in Kenya” Working paper

presented at the University of Nairobi’s Institute of Nuclear Science Workshop on the Y2K

Problem (June 1998).

114. “Strategies for strengthening consumer protection in E. Africa,” Commentary on proposed

Uganda Consumer Protection Bill for Uganda Consumer Protection Association (UCPA); and

addressed stakeholders workshop on the same (Oct. 1997-Feb. 1998).

115. “Intellectual property in Kenya: perspectives on Internet and software innovations,”

Consultancy report for Telecom Forum Africa Ltd. (TFA), Nairobi and the Netherlands

(1997).

116. “Implications of the Kenya Communications Bill, 1997 for the Media,” Paper presented at

the Friedrich Ebert Stiftung’s (FES) Workshop on Media and the Law: Informing the Law

Making Process, Fairview Hotel, Nairobi (May 5, 1997).

Page 41 of 83

117. Ben Sihanya & Lawrence Mute (1997) Community Broadcasting in Kenya: Policy and

Strategic Considerations Consultancy Report for the Kenya Community Media Network

(KCOMNET), Nairobi, April.

118. Ben Sihanya & Lawrence Mute (1997) Draft Community Broadcasting Bill Draft Sample Bill

for KCOMNET, Nairobi, April.

119. Ben Sihanya & Lawrence Mute (1997) Code of Conduct for Community Broadcasting Sample

Code of Conduct for KCOMNET, Nairobi, April; Presented (with Lawrence Mute) the policy

document, Code of Conduct, and the Bill on Community Broadcasting to the national Task

Force on Media Law (prepared as consultancy reports for KCOMNET) (April 24, 1997).

120. “The Draft Telecoms Act, 1996: Critical issues in regulatory policy,” Consultancy report for

Africa Online, Inc., Boston (US) and Nairobi (Oct. 1996).

121. “Efficient regulation of the Internet in Kenya,” Consultancy report for Africa Online, Nairobi

and Boston, US (June 1996).

122. “Financial sector reforms under SAPs in Kenya: the case of capital accumulation and

investment regulation,” Research paper submitted to the LLM Programme, University of

Warwick (UK), 1995.

123. “Pornography in the Internet: addressing regulatory dilemmas in Kenya,” Consultancy report

for Africa Online Inc., Boston (US) and Nairobi (May 1996)

124. “Africa Online, KP&TC and Internet regulation in Kenya,” Consultancy report for Africa

Online, Inc., Boston, US and Nairobi. (April 1996).

125. “Technological convergence and regulatory dilemmas in Kenya: the case of multimedia

systems in development,” Paper presented at the First National Conference on IT, KICC,

Nairobi, November 29-December 1 (1995).

126. “Technology transfer in the development process in Kenya: issues in regulation and

competition law,” LLM research paper for the University of Warwick (1995); obtained

distinction under Dr Andy Clark.

127. “Developments in international environmental law: Towards a convention to combat

desertification,” Presentation at the EcoNews Africa/Climate Network Africa Workshop of

Networking and People’s Empowerment through Information in East Africa (August, 1993),

Kolping Guest House, Nairobi.

128. “The legal status and regulation of NGOs in Kenya” (1991) Consultancy paper presented at the

Action Aid (Kenya) conference on Rural Reconstruction at Kiboswa, Kenya, November 11-15

(an earlier version of the paper was read at the Kenya Professional Business Women’s Seminar

in Nairobi by Ms Anne Kyalo).

129. “Human rights in Kenya: constraints and prospects” (1991) Paper read (by Ms Anne Kyalo) at

the Commonwealth Human Rights Conference, Harare, Zimbabwe, October 10 -14.

130. “Publishing agreements and copyright law,” Seminar presentation to African Centre for

Technology Studies (ACTS)/Initiatives Limited Staff (October, 1990)

Page 42 of 83

131. “Environmental safety and occupational health in biotechnology research and development in

Kenya: policy, legal and institutional issues,” Policy paper for the African Centre for

Technology Studies (ACTS), July/August 1991.

132. “Environmental ethics,” Policy Outlook Paper for the African Centre for Technology Studies

(ACTS) (October 1990).

N. ACADEMIC PRESENTATIONS AND PROFESSIONAL TRAINING CONDUCTED

KEYNOTE SPEECHES

1. Presented and mentored at the Law Society of Kenya (LSK) Nairobi Branch Mentorship

Programme ‘Coffee Talks’ Series on “Emotional Intelligence at the workplace,” on Thursday,

February 17, 2022.

2. “Intellectual property and innovation audit, valuation, and commercialisation in Kenya,” at the

University of Nairobi Innovation Research Symposium held on March 6, 2018 at the University of

Nairobi.

3. “Patent, Trade Mark, Copyright and related rights” during the Train-the-Trainer program for

judges in Abuja Nigeria from July 17-19, 2018.

4. “Innovation, Intellectual Property and Sustainable Economic Development in Kenya” a

presentation made at Konan University on January 29, 2016.

5. “Traditional Knowledge and Intellectual Property Rights management in Kenya” a presentation

made at the Intellectual Property Workshop in Kansai University, Japan on January 30, 2016.

6. Moderator during the “Trade and Public Health in the context of ending AIDS” conference

organised by the World Trade Organisation held at Serena Hotel on December 15, 2015.

7. “Improving Service Delivery Through ICT and management Revitalisation” a key note speech

delivered at the2nd Annual International Conference on Technology and Management 2015

(ICTM-2015), 2nd-4th August, 2015 at Hotel Africana Kampala.

8. Trained on African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), Regional Trade Policy Course, University of Botswana, Gaborone, Botswana, June 28 -

July 4, 2015

9. Moderated and presented on “Copyright and Broadcasting in the Digital Environment: Challenges

and Opportunities” at the ARIPO National Roving Seminar on Making Better Use of Intellectual

Property for Business Competitiveness and Development in Africa: Protection and Promotion of

Copyright and Related Rights, organised by the African Regional Industrial Property Organisation

& the Kenya Copyright Board held on March 16 2015 to March 17, 2015 at Sarova Stanley Hotel,

Nairobi Kenya.

10. National and County Government Legislative process in Kenya” at FIDA-Kenya on March 3,

2015.

11. “Continuity of Constitutional Implementation in Kenya” Presented at Conference on Continuity of

Constitutional Implementation in Kenya at Strathmore Law School, January 27, 2015.

Page 43 of 83

12. Presentation on managing Intellectual Property in the Advertising Industry, organised by the World

Intellectual Property Organisation (WIPO), Geneva at Silver Springs Hotel on Friday, November

28, 2014.

13. Presentation on “Emerging Electoral Jurisprudence in Africa” at the International Conference

organized by The Electoral Institute (TEI) of the Independent national Electoral Commission

(INEC) and the Ford Foundation, held in Abuja Nigeria, on Monday, January 19, 2015.

14. “Rationale, Policy, and Legislative Road Map on Kenya’s Access to Information Bill 2014”, a

presentation to the Editors’ Guild on the nexus between media freedom, freedom of expression and

freedom of information, organized by the International Commission for Jurists (ICJ) Kenya and

Media Council, at Simba Lodge, Naivasha on October 11, 2014.

15. “Devolution in Kenya National Government vis-à-vis County Government and the Legal Effect of

Transition” Presented at the State Counsel Workshop, September 11, 2014, at Great Rift Valley

Lodge in Naivasha.

16. “The history and transition of the Auditor-General from a Department in the Ministry of Finance

to and an Independent Office” at the Media Workshop Organised by the Office of the Auditor-

General on June 27, 2014, at Lukenya.

17. “Constitutional questions on Security Governance in Kenya, 1963-2014,” at a Joint Symposium

between the University of Nairobi and USIU at the United International University - Africa (USIU)

on the Government Approach to Security from a Constitutional Perspective, Nairobi on June 20,

2014. Presenter and Co-ordinator.

18. “Applying and enforcing fourth generation rights under the Constitution of Kenya” Presented at

the State Counsel Workshop at Great Rift Valley Bridge, Naivasha, September 12, 2014.

19. Presented findings of the LSK Committee to Review the Electoral Process (CREP) report on

“Securing Electoral Justice after 2013 Kenya General Elections” organized by the Electoral

Institute for Sustainable Elections in Africa (EISA)and the Law Society of Kenya (LSK) held on

18th – 20th September 2014, Simba Lodge, Naivasha.

20. “Copyright challenges and prospects for authors in Kenya,” working paper presented to students

of Diploma in Communication and the public at St. Paul’s University, Nairobi, July 23, 2013.

21. “Quality assurance in Kenya’s basic education,” draft paper presented at Riara University on July

19, 2013 during the first annual international conference on education.

22. “Emerging issues in intellectual property (IP), defamation, privacy, data protection,” working

paper presented on Intellectual Property Laws & Practices, on June 14, 2013, at the Panari Hotel,

Nairobi organized by Law Society of Kenya’s (LSK’s) Committee on Continuing Legal Education

(CLE).

23. “Copyright law and Government policy for the creative industry in Kenya,” working paper

presented on Friday, July 5, 2013 at Strathmore Law School Open African Innovation Research

&Training(workshop)

Page 44 of 83

24. Appointed by the Kenya Revenue Authority (KRA) to be an intellectual property consultant in two

cases, Samson Ngengi Njuguna v Kenya Revenue Authority (Nairobi HC Civil Suit No. 730 of

2012) and Arbitration Proceedings between Samson Ngengi Njuguna and Kenya Revenue

Authority, approved by the Attorney–General.

25. Lead Consultant, drafting of Kenya Institute of Curriculum Development (KICD) Regulations

2013, KICD, Nairobi.

26. Lead Consultant, drafting of Kenya National Examination Council (KNEC) Rules 2013.

27. “Overview of the effect of the Constitution 2010, KNEC Act No 29 of 2012, Basic Education Act

No. 14 of 2013, TIVETA Act No. 29 of 2013 and other relevant values and regulations on KNEC

functions and activities,” presentation to KNEC Top Management, North Coast Hotel, Kikambala

(Mombasa).

28. Judge for the International Rounds of the Price Media Law Moot Court Competition 2013 at the

University of Oxford, United Kingdom, April 10-12, 2013.

29. Expert Panellist at a forum on hate speech at Oxford University, presenting “Hate speech versus

freedom of expression in the context of the Kenyan presidential elections 2013,” April 9, 2013.

30. “Devolution and Education,” a presentation at validation meeting of experts aimed at critiquing

KHRC publication on devolution and human rights on Thursday, April 4, 2013 at the Palacina.

31. Presented at Open AIR (at African Innovation Research and Training) Methodology Workshop,

Empowering Authors through Copyright in Kenya: Alternative Publishing under Open Air

Scholarship, Cape Town, June 4-6, 2012.

32. Presentation to students of Diploma in Communication on Copyright challenges and prospects for

authors in Kenya, St. Paul’s University, Nairobi, November 8, 2011.

33. Trained on African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), University of Swaziland, Trade Policy Training Programme, July 19-21, 2011

34. Presented at the preliminary research proposal at African Innovation Research and Training (Open

AIR): Exploring the Role of Intellectual Property in Open Development Workshop Launch, Cape

Town, May 17-20, 2011.

35. Attended and participated in Preparatory Workshop -2011, Regional Trade Policy course for

English-speaking African countries held in partnership with University of Swaziland-Geneva,

March 23-25, 2011.

36. Taught African regional experiences on Trade Related Aspects of Intellectual Property (TRIPs),

University of Swaziland, Trade Policy Training Programme, November 15-17, 2010.

37. Consultations among and Training of Trainers at a WTO Workshop on Regional Trade Policy

Course (RTPC) for English Speaking African Countries held at WTO Headquarters, Geneva,

Switzerland on July 20-24, 2010 (Annually since 2004); focus on Agreement on Trade Related

Aspects of Intellectual Property, including Trade in Counterfeit Goods; (TRIPs), 1994.

Page 45 of 83

38. “Intellectual Property and Transfer of Technology Regulation, Management and Administration in

Kenyan Universities,” paper to be presented at Moi University’s 6th Annual International

Conference on Knowledge Management and Applied Technological Innovations for Sustainable

Development at Moi University from September 7-11, 2010; abstract available at

www.innovativelawyering.com& Sihanya Mentoring, Nairobi &Siaya, Kenya.

39. Adjunct Professor of International Intellectual Property Law and Comparative Constitutional Law,

Widener University, US/Nairobi International Law Institute, (a programme of Widener University

and University of Namibia) 2005, 2009.

40. Taught African regional experiences on Trade Related Aspects of Intellectual Property (TRIPs),

University of Swaziland, Trade Policy Training Programme, July 16-17, 2009.

41. Taught Comparative Constitutional Law under the Nairobi International Law Institute (of the

University of Nairobi and Widener University, USA), June – July 2009.

42. Panelist on the Implications of US President Barack Obama’s speech and policy statement of July

11, 2009 in Ghana, on Kenya and Africa generally, under the auspices of the US Embassy, Hotel

Intercontinental, Nairobi; July 11.

43. Consultations among and Training of Trainers at a WTO Workshop and Training on Regional

Trade Policy Course (RTPC) for English Speaking African Countries held at WTO Headquarters,

Geneva, Switzerland on June 16–18, 2009.

44. “Legislative reforms for increasing access to knowledge,” paper presented at the National

Stakeholders Workshop on Copyright Exceptions and Limitations for Education and Research

Environments, under the University of Witwatersrand and Centre for Public Interest Law (CEPIL),

Accra, Ghana, July 1, 2009.

45. “Copyright exceptions and limitations: an introduction,” paper presented at the National

Stakeholders Workshop on Copyright Exceptions and Limitations for Education and Research

Environments, under the University of Witwatersrand and Innovative Lawyering, Nairobi, Kenya,

May 22, 2009.

46. “Impact of IMF Policies on the Right and Access to Education,” Economic literacy training

conducted under the auspices of Action Aid Kenya, Wida Highway Hotel, Nairobi, February 16-

19, 2009.

47. “Impact of IMF Policies on the Right and Access to Health,” Economic literacy training conducted

under the auspices of Action Aid Kenya, Wida Highway Hotel, Nairobi, February 16-19, 2009.

48. “Impact of IMF Policies on the Right and Access to Education,” Economic literacy training

conducted under the auspices of Action Aid Kenya, Roasters Hotel, Nairobi, March 23-27, 2009.

49. “Impact of IMF Policies on the Right and Access to Health,” Economic literacy training conducted

under the auspices of Action Aid Kenya, Roasters Hotel, Nairobi, March 23-27, 2009.

50. Trainer on Intellectual Property and Trademark Law to Kenya Revenue Authority officials under

the auspices of the International Development Law Organisation (IDLO), October 28-29, 2008,

Nairobi.

Page 46 of 83

51. “Democratizing the Kenyan electoral process,” Presentation at the Law Society of Kenya Annual

Conference, Mombasa, 27-30 August, 2008.

52. “Business modernization of IP institutions in Kenya and Africa: use of information technology in

IP management,” presentation at the Inter-regional forum on Development and Service oriented IP

administration held at the World Intellectual Property Organisation (WIPO) headquarters, Geneva,

July 1-2, 2008.

53. “Copyright for non-fiction authors,” a presentation for the Kenya Non-Fiction Authors Association

(KENFAA), January 26, 2008.

54. “Intellectual property and quality assurance in Kenyan universities,” a paper presented at the 2nd

International Conference on Quality Assurance in Higher Education organised by the United

Nations Education, Scientific and Cultural Organisation (UNESCO), Zimbabwe Cluster Office, in

Dar es Salaam, Tanzania, on September 17-19, 2007.

55. “Intellectual Property and E-learning in Kenya,” paper presented at the 2nd International

Conference on ICT for Development, Education and Training, Safari Park Hotel, Nairobi, May 28-

30, 2007.

56. Trainer or Tutor of Government officials on the World Trade Organization’s (WTO’s) Programme

on Online Introduction Course on WTO and its Basic Principles for English-Speaking African

Region (February 12 – March 31, 2007).

57. “Copyright and related rights economic potential to performing artists,” paper presented to the

Training workshop for performing artists organized by the Kenya Copyright Board and the Society

for Performing Artists of Kenya (SPAK), The Kenya National Theatre, April 20, 2006.

58. “Intellectual property, innovation and governance,” presentation to the Raoul Wallenberg Institute

of Human Rights and Humanitarian Law Seminar for alumni (Africa) of the Masters Programmes

at RWI (1993-2004), Panafric Hotel, Nairobi, October 2-6, 2006.

59. “Intellectual Property in business and development in Kenya,” presentation at workshop on Anti-

Counterfeiting and Intellectual Property Strategies in Kenya on September 19–20, 2006.

60. Trainer or Tutor of Government officials on the World Trade Organization’s (WTO’s) Programme

on Online Introduction Course on WTO and its Basic Principles for English-Speaking African

Region, September 4 - October 13, 2006.

61. Trained on African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), University of Namibia, WTO/UNAMI Regional Trade Policy Training Programme,

August 2006.

62. “Foundations of democracy [Kenya & the US experience],” paper presented at the Workshop on

Foundations of Democracy, organised by the e-Democracy Journal of the USA, at US Embassy at,

Nairobi June 13, 2006.

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63. Training teachers and employees of Kenya Institute of Mass Communication (KIMC) on freedom

of expression and Media Law, including on curriculum development, under the auspices of the

Kenya National Commission on Human Rights (KNCHR), August 2005.

64. “Draft University of Nairobi Intellectual Property and Technology Transfer Policy: A Clause-by-

clause Critique,” presentation to the University of Nairobi Management and staff, College of

Agriculture and Veterinary Sciences (CAVS), Upper Kabete Campus.

65. Intellectual property in society and in the market place: training of members of (University Law

School) Students for Free Enterprise (SIFE), April 28, 2005.

66. “Copyright for librarians in the Internet age,” training for librarians and documentalists on Kenyan,

American and international copyright under the auspices of the US Embassy (September 8, 2004).

67. “Policy-making and law-making in ICT and intellectual property in Kenya,” and “Intellectual

property in the context of ICT in Kenya;” presentations at the training workshop of Kenya Civil

Society World Summit on Information Society (WSIS) Caucus (Arid Lands Information Network

(EA), Kenya School of Monetary Studies, Nairobi, Nov 17, 2003.

68. “Copyright enforcement in Kenya,” Presentation at workshop to train Government officials

organised by Attorney General’s Chambers, Action for Music, & International Federation for

Phonographic Industry (IFPI), Nov. 14-16, 2002.

69. “Strengthening copyright administration in Kenya: the case for a Copyright Tribunal,” Report of a

Stakeholders’ Copyright Conference organized by the Attorney-General’s Chambers, October 4,

2002.

O. GOVERNMENT OF KENYA: LEGAL CONSULTANT (1989- ) (See also O below)

1. Participated in the sensitization forum on the Inventor Assistance Program (IAP) organized by the

Kenya Industrial Property Institute (KIPI) on February 22, 2022 under the auspices of the World

Economic Forum (WEF) and the World Intellectual Property Organization (WIPO).

2. Opening address during the launch of the Kenya Economic Report 2020 (KER) on February 10,

2022, as the Board Chairperson of Kenya Institute for Public Policy Research and Analysis

(KIPPRA), the Hilton Hotel, Nairobi.

3. Presided as Chairperson of the Board, over the 18th Kenya Institute for Public Policy Research and

Analysis (KIPPRA) Young Professionals (YP) 2020-2021 Graduation ceremony on December 21,

2021, the PanAfric, Nairobi.

4. Presided over the Kenya Institute for Public Policy Research and Analysis (KIPPRA) Mentorship

Programme for Universities (KMPUs) Research and Public Policy workshop from January 13-14,

2022 at Turkana University College (TUC), Lodwar.

5. Presided over the Kenya Institute for Public Policy Research and Analysis (KIPPRA) Mentorship

Programme for Universities (KMPUs) at the Jaramogi Oginga Odinga University of Science and

Technology (JOOUST), on December 2-3, 2022.

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6. “The Constitution of Kenya,” Paralegals Training on behalf of the International Organization for

Migration (IOM) in Homa Bay, Homa Bay County, 2016; Nairobi, 1/11/2016.

7. Participated in the Kenya Industrial Property Institute (KIPI) Board Induction organised by the

State Corporations Advisory Committee (SCAC) on November 5–6, 2015, Mombasa.

8. Participated in the Kenya Industrial Property Institute (KIPI) Board Induction organised by the

State Corporations Advisory Committee (SCAC) on 5/11/ 2015, Mombasa.

9. Consultancy on the “Development of Content on Civic Education on Devolution” under the

Ministry of Devolution, 15/1/ 2015.

10. Election observer under the auspices of the Law Society of Kenya for the Kenyan Presidential

Elections of December 27, 2007 and March 4, 2013; observer of the voting, counting, tallying and

related processes (tallying at KICC in 2007; at the Bomas of Kenya in 2013).

11. Consultant Specialist in Intellectual Property Law in the case Samson Ngengi Njuguna v. Kenya

Revenue Authority, High Court Civil Suit No. 30 of 2012 and the Arbitration Proceedings between

Samson Ngengi Njuguna and Kenya Revenue Authority (KRA) (appointed by KRA).

12. Appointed Head of the Westlands Constituency Transition Team and Lead Consultant, by the MP

Hon Tim Wanyonyi Wetangula, March 2013.

13. Consultant and Author, Law Society of Kenya (LSK) and Judicial Working Committee on Election

Preparations, Handbook on Elections “Equipping the justice and legal sector with essential skills,

appropriate attitudes and necessary knowledge to participate in electoral disputes,” April 2013.

14. Appointed by the Law Society of Kenya as one of a nine-member committee conducting an audit

of the March 4, 2013 General Election, on March 27, 2013.

15. Discussant in the Workshop on Education, Training and Research Policy, Science, Technology

and Innovation and Legal Frameworks for Targeted Members of Parliament, Ministry of Education

& Ministry of Higher Education, Science and Technology, July 5-6, 2012, Great Rift Valley Lodge,

Naivasha (under the auspices of the Parliamentary Committee on Education).

16. Discussant at the Ministry of East African Community on spot assessment of good governance in

EAC partner states on legal, rules and privileges at Co-operative Bank House on December 6,

2011.

17. Member of the Task Force on the Re-alignment of the Education Sector to the New Constitution.

Chair-person to the Sub-Committee 4 on Research, Data, Monitoring and Evaluation, and National

Qualification Framework, 2011.

18. Chair of the Competent Authority (The Copyright Tribunal) vide Gazette Notice No. 6385 of June

26, 2009. This is a quasi-judicial body that hears appeals from the Kenya Copyright Board;

appointed by the Attorney-General, Hon S. Amos Wako, to establish the Copyright Tribunal.

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

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20. Consultant, Ministry of Trade, Kenya European Union Post Lome Trade Negotiations

(KEPLOTRADE II), Preparation of Kenya’s position to the EU’s draft text on EU/EAC EPA, on

intellectual property rights, May 18-22, 2009.

21. Consultant for the Kenya Industrial Property Institute (KIPI) and World Intellectual Property

Organisation (WIPO) on the Intellectual Property Automated System (IPAS), June 2007 – March

2008.

22. Vice Chair, and Member of the National Task Force on the Review and Harmonisation on

Education, Training and Research Law in Kenya, January 2006–November 2008; Appointed by

the Minister of Education, Science and Technology); Report: Harmonization of the Legal

Framework on Education, Training and Research.

23. Facilitator at the Electronic Transactions Workshop, Mombasa, Sponsored by UNDP and the

Directorate of e-Government, held at the Whitesands Hotel, Kenya November 13-15th 2006. Also

prepared a report which served as roadmap to the enactment of an e-transaction law and reforming

ICT law in Kenya.

24. Consulted for the Committee of Eminent Persons (COEP) on the Constitution Review Process

(April 2006). My task was to carry out an analysis of the historical roadmap of the Constitution

review process in Kenya.

25. Member of the Kenya Copyright Board, appointed by the Attorney General, 2003-2009

(appointment renewed in 2006); Member, Legal Affairs Committee and Training and Human

Resources Committee.

26. Discussant at the Ministry of Education Science and Technology (MOEST) Brainstorming Session

on Reforming the Legal Framework of Education (October 2005), at the invitation of the

Permanent Secretary.

27. Mainstreaming ICT in Kenya, co-legal consultant, commissioned by the Ministry of Planning and

National Development (MPND) to draft policy and legal guidelines to facilitate an ICT enabled

Kenyan future, January 2005-2006.

28. Human rights training of Senior Government officials – a project of the Kenya National

Commission on Human Rights (KNCHR), January 2005-2006(?).

29. Ministry of Education Science and Technology, Workshop on Validation of the Report of the

National Education Conference Report of November 2003 (2004).

30. Kenya Law Reform Commission (KLRC) and Kenya Institute of Public Policy Research and

Analysis (KIPPRA), researcher and moderator on reforming Kenya’s business laws, (including

working paper: “Reforming Substantive Business Laws in Kenya,” from October 15-17, 2004.

31. Moderated Intellectual Property (IP) law training of Public and Private sector participants

(lawyers) for the Ministry of Justice and Constitutional Affairs and the Rome based International

Development Law Organisation (IDLO), September 27-30, 2004. This was through video

conferencing (Rome-Nairobi-Kampala) and lectures/discussions in Nairobi.

32. With Mr Bosire Ogero, Strengthening the Kenya Law Reform Commission (KLRC) and Legislative

Drafting in the Attorney-General’s Chambers, Ministry of Justice and Constitutional Affairs, and

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the Legal and Justice Sector Generally, to Facilitate Access to Justice, a Government of Kenya

(esp. KLRC), and European Union Project implemented under the auspices of BiRD, Matrix and

GOPA, an international research consortium, 2003-2004.

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

2003.

34. Discussant and resource person on education and training law (Ministry of Education, Science and

Technology’s national conference on education, and workshop on the validation of the conference

report), November 2003.

35. Constitution of Kenya Review Commission (CKRC) (integrating innovation, technology, and

intellectual property into Kenyan constitutionalism), 2002.

P. FUNDRAISING AND RESOURCE MOBILISATION: INTERNATIONAL, INTER

GOVERNMENTAL, CORPORATE AND OTHER CONSULTANCIES, (1989–) (See also

K, L, M, O and X)

1. Ben Sihanya (2020) “Mechanisms for Intellectual Property Rights Exploitation and

Commercialization in Joint Research and Collaboration during Epidemics and Pandemic in

Africa,” Contribution to the African Scientific, Research and Innovation Council (ASRIC) Board

on STI Intervention for COVID-19.

2. Ben Sihanya (2020) “Securing a Fair Criminal Justice Process in Kenya” Rebuttal Expert Opinion

written for Amsterdam & Partners LLP, London in September 2020.

3. Copyright and Trade Secret Handbook for Stanbic Bank (2019-) a consultancy done for CFC

Stanbic Kenya Limited.

4. “E-transaction policy and practise in Kenya” (2017) a consultancy done for International

Telecommunications Union (ITU) and Communications Authority (CA) of Kenya, May 2-5,

2017.

5. Community Paralegal Training in Kenya: Participant’s Handbook, Chapter 5 on “The

Constitution,” consultancy for the International Organization for Migration (IOM), November –

December, 2016.

6. Community Paralegal Training in Kenya: Participant’s Handbook, Chapter 23 on “Migration,”

consultancy for the International Organization for Migration (IOM), November – December,

2016.

7. Legal consultant in collaboration with Sumit Strategies for Ketraco “Provision of fibre optic cable

commercialization consultancy.” – July 18, 2016 to December, 2016.

8. Consultancy bid for Kenya Association of Manufacturers (KAM) on “Study on the East Africa

Community (EAC) region Intellectual Property Regime and trade mark registration legal

framework.”

9. Development of County Revenue Laws in Kenya a consultancy done for the Commission for

Revenue Allocation (CRA) and Kenya Association of Manufacturers (KAM) 2014-2015. (Bid and

won the consultancy).

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10. Engaged as a project coordinator, through the Faculty of Law, University of Nairobi to develop

the bachelor of Laws Curriculum for South Eastern Kenya University.

11. “Conceptual framework, methodology and strategy on public interest litigation (PIL) in Kenya,”

(2013) a consultancy done for GIZ Good Governance Programme, December 6, 2013.

12. Legal opinion on the characteristics of and distinction between the French Bureau de Liaison and

the English “Branch Office,” Consultancy for Danone Baby Nutrition Africa Overseas (DBNAO),

Kenya Branch, November 13-14, 2012.

13. Reviewed Intellectual Property Rights: Review of Patents Regulations in Kenya, Paper by Ms

Anne Gitonga of Kenya Institute for Public Policy Research and Analysis (KIPPRA). (KIPPRA

Working Paper Series No. 18, 2011)

14. “Constitutional Implementation in Kenya: Challenges and Prospects,” A study under the auspices

of the Friedrich Ebert Stiftung (FES) and University of Nairobi’s Department of Political Science

& Public Administration, Occasional Paper Series, Nairobi (2011).

15. Empowering Authors in Kenya Copyright and Alternative Publishing under Open Scholarship:

Research for the African Innovation Research on Intellectual Property’s Role in Open

Development, University of Cape Town, South Africa. (2011-2013)

16. “Trade Facilitation Study in Africa: Pilot Case study on Common Market for Eastern and Southern

Africa (COMESA) Sub-region,” we reviewed and compiled the four block’s reports. A study in

collaboration with Prof. James Otieno Odek under the auspices of COMESA.

17. “Survey on Intellectual Property Rights and Anti-counterfeiting in Kenya,” Insighting Ideas, Inc.,

California, USA, September 16, 2009-(2010).

18. “Strengthening Consumer Protection in Malawi, Mozambique and Zambia for Social and

Economic Justice, and Redrafting the Model Law for Consumer Protection in Africa,” Consumers

International (CI), September 7, 2009.

19. “Amendments to the Independence Constitution of Kenya: the impacts on the post-independence

Cabinets and governance,” Ministry of Information and Communication for the Kenya Yearbook

Editorial Board, London, September 2, 2009-

20. Africa Copyright and Access to Knowledge (ACA2K) under the auspices of IDRC, University of

Witwatersrand LINKS centre and Shuttleworth Foundation. Draft Kenya Country Review and

Executive Policy Brief on the ACA2K, October 1, 2007 – January 31, 2010 (book launched at the

University of Cape Town South Africa, Saturday, 31.7.2010).

21. “Copyright law relating to court reporting,” Press Law Seminar for Court Reporters, organized by

the Council for Legal Education (CLE) and the Kenya School of Law (KSL), at Karen, on October

8, 2009.

22. Chief Examiner, Parliamentary Select Committee on the Review of the Constitution: Examination

of Candidates for the Positions of Judges in the Interim Independent Constitutional Dispute

Resolution Court (IICDRC), October 5, 2009.

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23. “Exploring cybercrime and security in Kenya: Status and research priorities” International

Development Research Centre (IDRC), Dakar, Senegal, August 20, 2009- November 10, 2009.

24. Development of Resource Book and Training Manual on Impact of International Monetary Fund

(IMF) Macroeconomic Policies on Education, Health and Women’s Rights in Kenya, Action Aid

International Kenya, Nairobi, September 2008 - March 27, 2009.

25. Legal Advisor on matters of law in various criminal law and procedures in human rights cases

relating to women and children, Women’s Rights Awareness Programme (WRAP), Nairobi, since

September 2008. (The tasks included drafting legal opinions).

26. Appraisal of Agenda 4 as a Way Forward Toward Achieving Accountability and Good Governance

in Kenya, Transparency International - Kenya, February 1 – 28, 2009.

27. “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.

28. Research into Kenya’s Constitutional Development and the Case for a Transitional Constitutional

Framework, Citizens Coalition for Constitutional Change (4Cs), Nairobi, February-March 26,

2008.

29. Monitoring an eTraining Course on Introduction to the WTO for government officials from

developing countries, World Trade Organization (WTO), Geneva, 2006-2007.

30. Report on establishing a peer review mechanism for the Institute of Certified Secretaries (ICPSK),

ICPSK, Nairobi, September 2007; February 2009.

31. Review of the Nairobi Metro 2030 Strategy, Kenya Institute for Public Policy Research and

Analysis (KIPPRA), October 2008.

32. Constitution of Kenya (Amendment) Bill, later Act 2008, introducing the Committee of Experts to

Amend the Constitution of Kenya, Law Society of Kenya (LSK) Constitutional Review Committee

and Ministry of Justice, National Cohesion and Constitutional Affairs, September 2008.

33. Entrenchment of the Pan Africa Christian University (PACU) Charter, PACU, Nairobi, May 2008.

Q. DRAFTING LEGISLATION, BY-LAWS, RULES, REGULATIONS AND CONTRACTS

1. Presented on constitutional, legislative, policy and administrative reforms, with a focus on

devolution and related matters, and on the road map or timelines on the constitutional referendum,

to the Council of Governors, presided over by HE Raila Odinga and HE Wycliffe Oparanya, Chair,

Council of Governors, at the Movenpick Hotel, Nairobi, November 5, 2020.

2. Presented on the constitutional, legislative, policy and administrative reforms and on the road map

and timelines on the constitutional referendum in the Building Bridges Initiative (BBI) Report 2020

at the Members of the National Assembly, Senate and the East African Legislative Assembly

(EALA) in Naivasha on November 1 and 2, 2020, presided over by HE Uhuru Muigai Kenyatta,

CGH and HE Raila Amolo Odinga, EGH.

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3. Participated as Chair and Co-Convenor of the Team of Experts, on the launch of the Building

Bridges Initiative (BBI) Report 2020 by President Uhuru Kenyatta CGH and HE Raila Odinga EGH

at the Bomas of Kenya on October 26, 2020.

4. Participated as Chair and Co-Convenor of the Team of Experts, on the submission of the Building

Bridges Initiative (BBI) Report 2020 to President Uhuru Kenyatta EGH and HE Raila Odinga EGH

in Kisii on October 21, 2020.

5. Chaired and was Co-Convenor, Team of Experts on Constitutional, Legislative, Policy and

Administrative Reforms under the Building Bridges Initiative (BBI) 2018-.

6. Drafting the University of Nairobi Professors Association Constitution (2019-).

7. Chair, Draft Education Bills Drafting Committee, on the following Draft Bills: Kenya National

Commission for UNESCO (KNATCOM), Draft Centre for Mathematics, Science and Technology

Education in Africa (CEMASTEA), and Kenya Education Management Institute (KEMI).

8. Final Draft Basic Education Bill 2012, finalised and tabled in the Cabinet meeting, August 12, 2012.

9. National Cohesion and Integration Commission, [Re]Drafting proposals for inclusion in the Draft

Basic Education Bill, 2012.

10. National Cohesion and Integration Commission, [Re]Drafting proposals for inclusion in the Policy

Framework for Education and Training, July 2012.

11. Presentation of the Draft Basic Education Bill 2012 to the stakeholders in Education: Ministry of

Education and Ministry of Higher Education, Science and Technology Technical Officers’ Retreat

(May 8-11, 2012).

12. Chairman, Drafting Committee of the Task Force on the Re-alignment of the Education Sector to

the New Constitution (2011).

13. Drafting Rules and Regulations under Kenya’s Copyright Act, 2001, as part of the Legal Affairs

Committee of the Kenya Copyright Board (KECOBO).

14. Drafting Amendments to the Copyright Act, 2001, in the Legal Affairs Committee of the Kenya

Copyright Board to which I belong.

15. Drafted National Economic and Social Council Bill, 2003 (drafted for Government of

Kenya/UNDP), 2003(?).

16. Co-drafted Draft Media Bill on behalf of stakeholders, 1997/8, for the Task Force on Media Law,

appointed by the A-G.

17. Co-drafted Industrial Property Policy (National Council for Science and Technology (NCST), 1989

under the auspices of the NCST and the Africa Centre for Technology Studies (ACTS).

18. Co-reviewer and Co-drafter, Industrial Property Act, 1989.

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19. Co-drafted Industrial Property Bill (under the auspice of the National Council for Science and

Technology (NCST), 1989.

20. Drafted Y2K Policy (year 2000 Millenium Bang) published as Kenya Gazette No. 7560 of 1999.

21. Drafted Y2KLegal Guidelines (under the auspice of the National Y2K Committee) (1999).

R. WORK IN PROGRESS: PROFESSORIAL RESEARCH AGENDA, 2006-2022

My Professorial Research agenda (2006-2022) has already spawned books, articles, PhD dissertations,

Masters theses and projects, LLB dissertations, consultancies and related reports, Newspaper articles

and a Mentoring Programme. The agenda (was reviewed for refocusing during the period 2010-2022)

and is organised thematically:

22. Intellectual Property, Innovation and Transfer of Technology (ToT) in Kenya and Africa

a. Member of the Committee on the development of the University of Nairobi Incubation Policy

(2014-2015).

b. “Copyright in Musical works in Kenya” (forthcoming 2022).

c. “Artistic works, visual arts and design Copyright in Kenya” (forthcoming 2022).

d. IP, Innovation and ToT Administration and Regulation in Kenyan universities and research and

development (R & D) institutions.

e. “Copyright’s commons and balance in Kenya: the significance of Prof Paul Goldstein and

Stanford Law School on the debate on rights, limitations and exceptions.”

f. Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy of

Transnational Intellectual Property; doctoral dissertation, Stanford Law School (forthcoming

book, 2021).

g. “Copyright Law and the Cultural Industries in Kenya Since 1895-2003: Political economy and

construction of intellectual property (forthcoming 2022).

h. Opening Sources for Kenya’s Development: The Discourse on Intellectual Property and

Technology Transfer in Access to Software and Cyberspace JSM thesis Stanford Programme of

International Legal Studies (SPILS), Stanford Law School (August 2001) (draft book).

i. Consumer Law in Kenya and Africa (forthcoming 2022).

j. Copyright Cases in Kenya, Ben Sihanya (forthcoming book 2021).

k. Trade Mark Cases in Kenya, (forthcoming book 2021).

l. The Discourse on Intellectual Property and Technology Transfer (draft book due 2021).

m. “Folklore – ‘copyright’ made in Kenya and Africa?” (2015).

n. “Trade mark law and practice in Kenya.” (2014).

o. “Copyright in education, research, administration and governance,” (forthcoming 2022)

presentation for the first multidisciplinary research conference on the Relevance of Applied

Research to Society, USIU, November 12-14, 2013.

p. “ICT regulation in Kenya: a personal testament” (forthcoming 2022), contribution to the IDRC-

coordinated book on ICT development in Kenya: history and personal experiences.

2.Kenyan and African Cultural Politics and Intellectual History

a. Ben Sihanya et al., Law and Development in Kenya and Africa: Concepts, Theories, Themes and

Practice (forthcoming 2022).

b. Cultural Politics and Intellectual History in Kenya (forthcoming 2022).

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c. “Reforming social and economic justice under the Kenyan Constitution,” (forthcoming 2022) in

Anthony Munene et al. (eds) (2013) Implementing the Bill of Rights: Essays from Kenya

d. Dr Adams Oloo & Prof Ben Sihanya (eds) The Kenyan Electoral Law and Process after 2007

(forthcoming 2022).

e. Review book chapter, “Party primaries and ‘free and fair’ elections in Kenya” in Constitutional

and Legal Regulation of Party Primaries for free, fair and accountable elections in Kenya

(forthcoming 2022).

3. Kenyan and African Comparative Constitutional Democracy – including Political Economy

a. “Reforming, Implementing and Enforcing the Constitution of Kenya 2010: Interests, Rationales,

Themes, Theory, History, process, structure and outcomes.”

b. Presidency, Premier, Bureaucracy and Administrative Justice in Kenya (forthcoming book,

2021).

c. “Raila Odinga: Constitutional engineering for the Second and Third Republic in Kenya.”

d. “Kenyatta, Moi and Kibaki and the dynamics of the Kenyan presidential Constitution and

administration in Kenya.” Chapter in Constitutional Democracy, Regulatory and Administrative

Law in Kenya and Africa (CODRALKA) 2.

e. “Kenya 2013: like Ghana or Zimbabwe? The promise of an Obama doctrine.” Chapter in

CODRALKA 1 & 2.

f. “Reforming Kenyan security: policies, laws, institutions, administration and diversity in

personnel.”

g. Constitutional Process in Kenya and Africa: Law, Politics and Methodology (forthcoming

book). Chapter in CODRALKA 2.

h. Constitutionalising cultural expression, innovation and copyright in Kenya (forthcoming book).

i. Constitutionalising innovation, technology and intellectual property in Kenya: copyright, trade

mark and patent (forthcoming book).

j. Regulating CSOs and NGOs in Kenya (forthcoming book). Chapter in CODRALKA 1 & 2.

k. “Presidential political power play in Kenya: the quest for legality, validity, and legitimacy in

Kenya’s constitutional review, since 1963” (or presidential v. judicial and party politics in

constitutional review), already presented at two ICJ Kenya workshops, and at University of

Nairobi Law School staff lunch, 2004, and used in teaching (forthcoming monograph).

4. Education, Training, Research and Mentoring Law in Kenya and Africa

a. George Otieno Odhiambo & Ben Sihanya, Brain Drain in Kenya’s Higher Education in the

Context of Globalization (forthcoming).

b. Regulating Media Training under the Constitution of Kenya [or under Kenya’s Constitution],

The Media Observer, a publication for Media Council of Kenya (forthcoming).

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c. “Dean Law: the academia, administrator, mentor and public intellectual” (forthcoming 2018)

d. “Regulating legal education and training in Kenya: levels, institutions, and accreditation

process (admissions, teaching, exams, student and staff welfare)”

e. “IP and quality assurance in Kenyan universities: revisited”

f. Education, Training and Research Law in Kenya (forthcoming 2022).

g. Education, Training and Research Law in Kenya: Cases and Materials (forthcoming 2022).

h. Cultural Politics and Intellectual History (forthcoming).

5. Information and Communication Technology Law in Kenya and Africa

- “ICT regulation in Kenya: a personal testament” (forthcoming), contribution to the IDRC

coordinated book on ICT development in Kenya: history and personal experiences.

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

innovation

- Poems on identity and identity politics

- Poems to promote innovation, creativity and intellectual property

- Poems to promote leadership, constitutional government

S. MEDIA APPEARANCES AND QUOTATION (see also L (v) above: Articles in peer reviewed

magazines)

I have contributed to live debates in the print, electronic and social media through personal presence

or being quoted among others. Some of the media appearances are listed in Annex 4.

1. “Siaya lagging,” The Weekly Review, Nairobi, May 25 1984; letter to the editor.

T. PUBLIC INTELLECTUAL, PUBLIC INTEREST LAWYERING AND ADVOCACY

1. Member, Law Society of Kenya Editorial Committee, 2014 –

2. Member, Law Society of Kenya (LSK) Committee on Protection and Ideal Implementation of

the Constitution (2015)

3. Member, Committee for Review of Electoral Process (CREP); an eight-member committee

launched by LSK on July 3, 2013 to review March 4, 2013 General Elections.

4. Lead Consultant, Westlands – Leading in strategy; in development of strategic plan,

programmes; operationalization of strategy; chairing meetings of Transition and Technical

Committee; contracting; initiating and responding to correspondence; also Ag. Office Manager

(Strategic director and general office operations).

5. December 2006-: Acted for Universities Academic Staff Union (UASU) in the case Universities

Academic Staff Union v. Inter-Public Universities Councils’ Consultative Forum (IPUCCF),

this was an industrial action to secure improvement in the terms and conditions of service of

lecturers in public universities.

6. July/August 2004-: Litigated Gumbe & Mumbi Ng’aru (LDP) v. President Kibaki, Ngilu (DP,

NARC…) regarding the management of the ruling NARC coalition; suing the Chair of the

coalition (who is a sitting President) …. Before Nyamu J.

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7. February 2004: Consulted for National Rainbow Coalition (NARC), Kenya’s ruling coalition,

on coalition building and constitutional process (Nanyuki II).

8. November 2003-: Acted for Universities Academic Staff Union (UASU) in executing an

industrial action to secure improvement in the terms and conditions of public lecturers; also acted

for UASU in labour and related matters to secure professionalism in university education,

training and research.

9. Consulted for African Population Health and Research Centre (APHRC) on intellectual property

law, contract and labour matters.

10. Lead lawyer for the Universities’ Academic Staff Union (UASU) (2003-). I did the following,

among others:

a. Co-developed the negotiating and litigation strategy for UASU.

b.Acted as legal advisor to the UASU negotiating team, while negotiating the terms and conditions

of service with the Inter Public Universities Consultative Forum (IPUCF). This led to the

Collective Bargaining Agreement (CBA) and a return to work formula.

c. Acted as legal advisor to the UASU team in negotiating the Recognition Agreement.

d. Served as Chair of the National UASU Constitution Review Committee.

e. Panelist at the UASU team discussion - “Proposed National Constitution: Gains and Losses,”

Public Debate on Proposed Draft Constitution, invitation by Universities Academic Staff Union,

(UASU) (University of Nairobi), Friday, September 23, 2005.

11. Public Law Institute, a public interest litigation and human rights NGO. Programme Officer,

1993-1998:

12. Implemented the Institute’s Consumer Justice Programme, and helped develop the Programme

for 1998-2001, which focused on governance, human rights, gender equity, and consumer

protection in health services.

13. As the Legal Officer, Public Law Institute (PLI), Mombasa my tasks included:

a. Administrative tasks related to management of the office – as a field administrator of the

Mombasa Legal Aid Scheme for the underrepresented and unrepresented;

b. Training of pupil and court clerk;

c. Administered a Paralegal Training Programme in Kwale District (Mwaluphamba and Mkongani

Locations);

d. Provided legal advice, aid, assistance and intervention in about 350 files and matters;

e. Provided legal advice to about 600 other applicants whose matters did not merit opening of files;

i. Offered advice and technical assistance on proposal drafting, institutional formation, regulation

and development, to the Legal Awareness Programme, Mombasa (LAP) and Self-Employed

Women’s Association of Kenya (SEWAKE). LAP was formed from the Legal Advice Centre’s

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Workshop at Likoni, Mombasa (April, 1993) from members of consumer cooperatives, women

groups and men’s groups for the advancement of legal awareness in Mombasa and coastal

Kenya; provided legal advice on the formation and operation of LAP and SEWAKE.

U. COURT APPEARANCE AND EXPERT LEGAL OPINIONS

Ben Sihanya has given expert opinions and appeared in court as amicus curiae on intellectual property

and innovation law and constitutional democracy matters that are of public interest. The public interest

cases include:

(vi) Supreme Court cases argued or co-prepared

a. Supreme Court Petition No. E016 of 2021. Sihanya co-prepared and co-appeared for

Hon Raila Amolo Odinga and the BBI National Secretariat as Respondents challenging

the Court of Appeal decision on the constitutionality of the BBI constitutional reform

process January 18-20 2022.

b. Supreme Court Petition of Appeal No. 12 of 2021. Sihanya co-prepared and co-

appeared for Hon Raila Amolo Odinga and the BBI Taskforce challenging the Court of

Appeal decision in Civil Appeal No. E291 of 2021 on the constitutionality of the BBI

constitutional reform process.

c. Clement Kungu Waibara v. Anne Wanjiku Kibe & Another (2018) Petition No. 24 of

2018 (Appeared for the Petitioner. The case challenged the validity of the August 2017

Gatundu South MP elections)

d. Hon Raila Odinga & Hon Stephen Kalonzo Musyoka v. Independent Electoral &

Boundaries Commission & 2 Others, Presidential Election Petition No. 1of 2017

(Appeared for the Petitioner as part of the National Super Alliance (NASA) Legal

Team. The case challenged the validity of the August 2017 Presidential Elections).

e. Hon Raila Amolo Odinga & Hon Stephen Kalonzo Musyoka v. Independent Electoral

and Boundaries Commission Chairman (IEBC) & Another, Election Petition No. 1 of

2017 (Being an application under certificate of urgency by the 2nd respondent (IEBC

Chairman) by way of Notice of Motion seeking Orders for the Honourable Court to

correct/or clarify its Judgment delivered on 20/9/2017. Sihanya appeared for the

Petitioner as part of the National Super Alliance (NASA) Legal Team.)

f. John Harun Mwau & 2 Others v. Independent Electoral and Boundaries Commission

& 3 others Presidential Election Petition 2 & 4 of 2017 (Consolidated) (Appeared for

the National Super Alliance as part of the NASA legal team. The case challenged the

validity of the October 26, 2017 Presidential Elections).

g. Gatirau Peter Munya v. Dickson Mwenda Kithinji & 2 Others, Petition No. 2b of 2014

(Co-argued the Respondent’s case before the Supreme Court of Kenya in the

gubernatorial election petition).

(vii) Court of Appeal cases argued or co-prepared

a. Civil Appeal No. E291 of 2021. Sihanya co-prepared and co-appeared for Hon Raila

Amolo Odinga and the BBI Taskforce challenging the High Court decision on the

constitutionality of the BBI constitutional reform process.

b. Nelson Havi v. Law Society of Kenya & Attorney General (2018) Civil Appeal No. 28

of 2018. Regarding age limit on candidates for the position of LSK President.

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c. Independent Electoral & Boundaries Commission v. Maina Kiai, Khelef Khalifa, Tirop

Kitur, Attorney-General, Katiba Institute & Coalition for Reforms & Democracy, Court

of Appeal (CA) No. 105 of 2017 (This was an appeal by IEBC against the High Court

ruling on declaration of election results at the 290 constituencies as opposed to the

National Tallying Centre).

d. Independent Electoral & Boundaries Commission v. National Supper Alliance & 6

Others, Court of Appeal (CA) 224 of 2017 (This was an appeal against the High Court

ruling in Petition No. 378 of 2017).

e. Independent Electoral & Boundaries Commission v. National Supper Alliance & 6

Others, Court of Appeal (CA) 224 of 2017 (This was an appeal against the High Court

ruling in Petition No. 378 of 2017 on the award of ballot paper printing tender to Al

Ghurair Printing and Publishing Llc).

f. Noah Akala Oduwo v. Independent Electoral and Boundaries Commission and 4

Others, Election Petition Appeal No. 3 of 2018 (Appeal from the decision of the High

Court of Kenya at Nairobi (Honourable Justice Msagha Mbogholi) delivered on

January, 9, 2018 in Election Petition No. 23 of 2017)

(viii) High Court cases argued or co-prepared

a. Salesio Mutuma Thuranira &4others V The Hon. Attorney General & 7 others,

Constitutional and Human Rights Division Petition No. E043 of 2022 consolidated with

petition No. E057 of 2022 and E109 of 2022.The High Court in petition No. E073 of

2022, Hon Justice Mrima held that the IEBC has no jurisdiction to summon any witness

or conduct any hearing in breach of the Election code of Conduct Enforcement

Committee is an unconstitutional and lacks any legality in the case of Hon Sabina

Chege.

b. Philomena Mbete Mwilu v. Judicial Service Commission, Director of Public

Prosecutions & 3 Others, High Court Human Rights Division Petition No. E245 of

2020.

c. Nelson Havi v. Law Society of Kenya & Attorney General High Court Petition No. 607

of 2017. Regarding age limit on candidates for the position of LSK President.

d. Philomena Mbete Mwilu v. Director of Public Prosecutions & 3 Others; Stanley Muluvi

Kiima (Interested Party); International Commission of Jurists Kenya Chapter (Amicus

Curiae) [2019] eKLR, Petition No. 295 of 2018 (Appeared for the Petitioner in this

matter.)

e. Ethics and Anti-Corruption Commission v. Tom Ojienda, SC, t/a Prof. Tom Ojienda &

Associates & 2 Others; Law Society of Kenya (Amicus curiae) Petition No. 21 of 2019.

f. Ethics and Anti-Corruption Commission v. Tom Ojienda, SC, t/a Prof. Tom Ojienda &

Associates & 2 Others; Law Society of Kenya (Amicus curiae) Civil Appeal No. 109 &

103 of 2016.

g. Dr Ekuru Aukot v. Independent Electoral & Boundaries Commission & 3 Others,

Petition No. 471 of 2017 (Appearing for Orange Democratic Movement (ODM), 4th

Respondent. The case challenged the validity of the gazettement of two presidential

candidates for the purposes of fresh elections as ordered by the Supreme Court in

Presidential Petition No. 1 of 2017)

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h. Maina Kiai, Khelef Khalifa and Tirop Kitur v. IEBC and the Attorney General, Petition

No. 207 of 2016. (This was a case concerning the declaration of election results at the

constituency level)

i. R. v. Independent Electoral & Boundaries Commission & 6 Others, ex parte National

Super Alliance, Judicial Review Application 378 of 2017 (The award of ballot paper

printing tender to Al Ghurair Printing and Publishing Llc)

j. National Supper Alliance v. Independent Electoral & Boundaries Commission, Petition

No. 328 of 2017 (Appearing for the Petitioners, the Petitioner sought declarations that

the identification of voters and transmission of results for the election to be held on

8th August 2017 be exclusively electronic).

k. Republic v. Independent Electoral and Boundaries Commission & Another, ex parte

Coalition for Reforms and Democracy, Misc. Application No. 648 of 2016. Sihanya

appeared for the Coalition for Reforms and Democracy (CORD).

l. Michael E. Bocha and Solomon G. Yako v. Coastal Aquaculture and 10 Others High

Court Civil Case No. 320 of 1993 (Mombasa) (regarding the environmental

conservation of the Tana River Delta Wetlands and the land rights of the members of

KonDertu Ranching Company Limited and the land rights of the indigenous Pokomo

and Orma)

m. Mkilo Village Welfare Group, Hamisi Nzao Benzao and Iddi Hamisi Mbovu v. Kwale

County Council and 4 Others High Court Civil Case No. 711 of 1993 (Mombasa)

(regarding the degradation of the environment caused by the operation of an abattoir or

slaughterhouse and threatened/intended relocation and alienation of the land and

consequent eviction of the indigenous residents of Mkilo Village, Kalalani Sublocation)

n. Nelson Havi v. Law Society of Kenya & Attorney General High Court Petition No. 607

of 2017 (regarding age limit on candidates for the position of LSK president).

o. Felix Omollo and 9 Others v. Mombasa Municipal Council and 2 Others HCCC No.

19 1993 (Mombasa) regarding the allocation, lease and/or licence of part of Makadara

Gardens, a public park and parking lot in Mombasa, by the Defendants for use as a

corporation’s storage space. Injunction granted to restrain purported or

intended/threatened lease. Licence and change of user of the public utility/facility and

to restrain Council meeting to deliberate on the subject matter of the suit. The matter

went before Mr Justice A. Mbogholi Msagha while Mr. Ben Ochieng Okore and I

appeared for Plaintiffs who sued in a representative capacity.

(ix) Magistrate’s Court and Tribunal cases argued or co-prepared

a. Anthony Ndugu Banga v. Duncan Mwangi Kuria and Joseph Wachira & 1 Others,

MCCC/E372/2021 (running down).

b. Expert opinion on ABSA Kenya LTD v. Barclays Bank of Kenya LTD, Nairobi HCC

No: 133 of 2018.

c. Amref Health Africa (Ke) v. Health Learn Media Resource, IPT Case No. 78 of 2019

(Appearing for the Respondents in an application seeking to revoke the Respondent’s

utility model)

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d. R v. Mathew Lempurkel, Crim. Case No. 1896 of 2017 (Appearing for the accused who

was charged with hate speech) (November 2017, February 2018). Successfully argued

for bail.

e. Mathew Lempurkel v. Director of Public Prosecutions & the Inspector General of

Police, Petition No 241 of 2017 (This was an application for bail on behalf of the

Petitioner).

f. LSK & 3 Others v. AG & 3 Others (2016) eKLR This was a habeas corpus application

after the disappearance of Lawyer Willy Kimani Kinuthia, his client Joseph Muiruri

and the taxi man Josephat Mwenda.

g. Republic v. Frederick ole Leliman alias Masai & 3 Others (2016) eKLR. This is a

criminal trial for the murder of Lawyer Willy Kimani, Mr Josephat Muiruri and Mr

Joseph Mwenda where Prof Ben Sihanya represented the victims including the Law

Society of Kenya (LSK) and Willy Kimani’s family as lawyers for the complainants.

h. R v. Jared Otieno Criminal Case No 241 of 2017. This is a criminal case where Prof

Sihanya successfully secured bail for the accused.

(x) Expert witness, testimony in cases, arbitration & appearance before tribunals

a. Consulted on an Expert Opinion on post-registration amendments of registered

Industrial design in Kenya.

b. Drafted an Expert Opinion and Consultant Advocate on Grounds of Appeal in ABSA

Kenya Limited v. Barclays Bank of Kenya Limited, HCC No. 133 of 2018.

c. Drafted an Expert Opinion on Criminal Justice Process in Kenya and the United

Kingdom on an ongoing criminal matter in Kenya and the UK.

d. Part of DCJ Philomena Mwilu legal team at the Judicial Service Commission, 2020.

e. Drafted an expert opinion and appeared in court as an expert witness on Trade Mark

Registration and use in Kenya in Lords Healthcare Ltd v. CIPLA Ltd and Surgipharm

Ltd High Court of Kenya Civil Suit No. 305 of 2015, at Nairobi.

f. Drafted an expert opinion on Eliab Muturi Mwangi v. LSG Lufthansa & LSG Sky Chefs

Kenya Limited High Court Civil Case No. 154 of 2014.

g. Appointed by the Kenya Revenue Authority (KRA) to be an intellectual property

consultant and expert in two cases, Samson Ngengi Njuguna v Kenya Revenue Authority

(Nairobi HC Civil Suit No. 730 of 2012) and Arbitration Proceedings between Samson

Ngengi Njuguna and Kenya Revenue Authority, approved by the Attorney–General.

h. R. v. Joseph Munga (2009): Sihanya gave an expert opinion on copyright infringement

by digitization to the court in the case through Mr Kyalo Mbobu, Advocate.

(xi) Drafted a legal opinion on the Institutional and Technological Strategies in the Criminal Justice

System in Kenya for the Task Force on the Reform of Penal Laws and Procedures, a Task Force

established by the Attorney General under the auspices of the Kenya Law Reform Commission

(KLRC).

(xii) Helped in the disengagement of PLI from the Legal Aid Scheme in Mombasa and Paralegal

Training Project in Kwale. Consultant: 1991 October-August 1992: Researched the study, Women

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in the Criminal Justice System funded by the Swedish International Development Agency (SIDA)

and conducted under the auspices of the International Federation of Women Lawyers (FIDA).

V. MENTORING PROGRAMME: INNOVATIVE LAWYERING & SIHANYA MENTORING

1. Professional, Doctoral, Master’s and Judicial Mentoring, References and Vetting

a) Reviewing and vetting articles and publications of applicants for professional appointments

including sitting on interview panels.

b) References for candidates for professional appointments.

c) References and mentoring of doctoral candidates.

d) References for applicants for appointment as judges.

2. History of the mentoring project

Since 1997, I have been recruiting students from the University of Nairobi Law School and other

accredited law schools to work as mentees or interns in my academic office and at the legal,

research and consultancy firm, Innovative Lawyering and Sihanya Mentoring of which I am the

founder and CEO.

Innovative Lawyering later expanded the Mentoring Programme and renamed it “Sihanya

Mentoring.” Sihanya Mentoring is a programme under Innovative Lawyering and was formally

launched on December 13, 2008 at Villa Sihanya, Nyachwinya, Alego, Siaya. The founders are

Prof Ben Sihanya and Mrs. Jaki Wasike-Sihanya.

3. Objectives and outcomes of the mentoring project

Sihanya Mentoring has three main interrelated objectives: first, to provide inspiration or motivation

to pupils and students, and recent graduates at primary, secondary, tertiary and university levels;

second, to provide opportunities through mentoring, guidance and counselling and role modelling

on education, innovation; and third, to provide mentoring services on careers in the Kenya through

a community of mentors and mentees. The Sihanya Mentoring programme is greatly improving

the lives of young Kenyans many of whom do not have role models or career guidance.

We endeavour to inspire and motivate students from all parts of Kenya and help them to develop

the necessary skills, knowledge, attitudes and values (SKAVs) to excel. The project is also intended

to bring Kenyans together and to provide opportunities, incentives and rewards to young Kenyans

who are diligent but have no or limited opportunities or resources.

4. Pilot Projects in mentoring

Pilot projects in this national programme include:

a. Nyasita Primary School – 2008 - 2014

b. Kalkada Mixed Secondary School Siaya – 2008 - 2014

c. University of Nairobi Law School – since 1997 (being consolidated and rolled out).

New projects include awards for excellence in Siaya county, and (the regions of) Kenya.

Projects under Sihanya Mentoring

a. Jaki and Ben Sihanya Award for Excellence (JBSAE)

The project awards diligent and brilliant pupils and students, some of who come from poor

backgrounds, under the Jaki and Ben Sihanya Award of Excellence (JBSAE). It is an award to the

best two students in English and Maths based on results in the Kenya Certificate of Primary

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Education (KCPE). The marks scored must exceed 75% in each subject. The best English and

Maths pupils will receive Kshs. 10,000/= each.

We have a special category for pupils or persons with disability, where we give awards to high

performers. We also take special account of the plight of the girl child. Our goal is to support the

girl child in Siaya County achieve better results through mentoring and role modelling. We are

doing this through secondment to a sponsoring family, among other strategies.

b. Jaki and Ben Sihanya Award for Excellence (JBSAE - Family Edition)

The Jaki and Ben Sihanya Award for Excellence – Family Edition was formally launched on

August 15, 2010. The purpose is to recognize and reward exceptional academic achievement

among the families of Fred & Agnes Sihanya and Andrew & Leonora Wasike, respectively.

c. Annual Mentoring and Scholarship Lectures

Sihanya Mentoring organizes motivational and informative lectures or talks to pupils, students and

other mentees on various topics that focus on our key objective, which is to provide inspiration,

career guidance, counselling and role modelling. This is to promote self-motivation, self-reliance,

self-sustenance among pupils and students so that they increasingly take personal responsibility

for their future with the help of parents and teachers.

Sihanya Mentoring seeks to mentor and inspire pupils, students and other mentees while taking

diversity or national cohesion into consideration.

Through this initiative I have established a community of mentees and mentors and I have

mentored, trained and refereed numerous students who have succeeded in the various educational

and career paths they have taken. Most of them are in Kenya or have gone overseas to pursue their

PhD or masters in Universities such as Stanford, Harvard, Warwick and the London School of

Economics (LSE). Numerous mentees are working in Kenya, African countries, or in the US and

Europe.

W. HONOURS, AWARDS, FELLOWSHIPS, AND MEMBERSHIP OF ORGANIZATIONS

AND PROFESSIONAL BODIES

W1: HONOURS AND AWARDS

(1) Awarded the Third Class: Moran of the Order of the Burning Spear (MBS) by President Uhuru

Kenyatta, CGH, vide Gazette Notice No 255, Vol CXXIII, released on December 17, 2021.

(2) Awarded certificate as a “Distinguished Mentor” upon presenting and mentoring as a keynote

speaker, Education Annual Mentorship Academy, for their 500 secondary and university

students, Nairobi High School, August 12, 2013.

(3) Appointed as Intellectual Property Law Champion in the University of Nairobi’s College of

Humanities and Social Sciences (CHSS), 2010.

(4) Selected as one of the Top 100 Educators, 2009, published by the International Biographical

Centre (IBC), Cambridge, England, July 2009.

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(5) Selected as one of the 2000 Outstanding Intellectuals of the 21st Century, 2009/2010,

published by the International Biographical Centre (IBC), Cambridge, England.

(6) Profiled in the Who’s Who in the World, 26th edition, 2009, Marquis Who’s Who, New Jersey,

USA.

(7) Commendation by the Institute of Certified Public Secretaries of Kenya (ICPSK) for

contributing to the advancement and development of the company secretarial profession in

Kenya, April 7, 2006.

(8) Citation for excellent and diligent editing and facilitation at the launch and dissemination

workshop organised by the Centre for Law and Research International (CLARION) to launch

the book entitled Control of Corruption in Kenya: Legal and Political Dimensions, 2001-2004

(April 29, 2005).

(9) Citation for outstanding commitment to the betterment of the Law Society of Kenya (LSK)

(March 19, 2005).

(10) Citation for being a member of the ICJ-Kenya, in good standing, and for consistency

and commitment to Human Rights, Democracy and the Rule of Law, November 27, 2004.

(11) Best Lecturer – voted by Kenya Law Students Society (KLSS), University of Nairobi Law

School, July 2, 2004 and on numerous occasions.

(12) Fulbright Scholar: 2000-2003 (Stanford); doctoral studies in copyright and cultural creativity.

(13) Gerald J. Lieberman Fellowship for excellence in research and teaching, 2000-2001 (at

Stanford Law School).

(14) Commendation by Consumers International, London, for Chairing the Committee of

Experts that drafted the Model Law for Consumer Protection in Africa, 1996.

(15) Overseas Development Association Shared Scholarship Scheme (ODASSS) (1994/5)

(16) Warwick University Scholarship to study for LLM (1994/5).

W2: FELLOWSHIPS AND MEMBERSHIPS

1. Appointed as a member of the Academic Advisory Board of the International Review of

Intellectual Property and Competition Law (IIC), Max Planck Institute for Innovation and

Competition, (2021- ).

2. Appointed by President Uhuru Kenyatta as the Chairperson of Kenya Institute for Public Policy

Research and Analysis on October 4, 2021 for three (3) years, with effect from October 6, 2021-

, vide Gazette Notice No. 10605.

3. Appointed as a World Intellectual Property Organisation (WIPO) Academy IP Expert, 2018-

4. Law Society of Kenya (LSK) – Convenor, Editorial Committee, 2018-

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5. Law Society of Kenya (LSK) – Co-Convenor, Editorial Committee, 2017-

6. Law Society of Kenya (LSK) – member, Editorial Committee, 2016-

7. Patron – Mahero Primary School; Alego-Usonga, Siaya County (2013-)

8. Law Society of Kenya (LSK) – member, Editorial Committee, 2011-

9. Law Society of Kenya - Civic Education Committee 2010

10. African Research and Resources Forum (ARRF)- Associate Fellow (2010-)

11. Law Society of Kenya - Constitutional Review Committee (2009-2010)

12. Maseno (School) Old Boys Association – Member (2006-)

13. Stanford Alumni Association (2003-)

14. Law Society of Kenya – Advocate and member (1993- )

15. African Studies Association (ASA), USA (2001-)

16. Kenya Industrial Property Institute (KIPI) – Patent Attorney (Intellectual Property Advocate)

17. Institute of Certified Public Secretaries of Kenya (ICPSK) – CPS (K) and life member No. 71

(1996-); member of the Research and Development Committee

18. Institute of Economic Affairs (IEA), Kenya

19. International Association of Consumer Law (IACL); forum of consumer law teachers and

researchers (HQs in Canada; Board Member for Africa (1999-)

20. Kenyan Section of the International Commission of Jurists (ICJ) – member, and co-editor,

Judiciary Watch Programme (1990-)

21. Women and Law in East Africa (WLEA) – Research Associate (1999-2003)

X. COMPUTER, INTERNET AND SOCIAL MEDIA SKILLS

Word processing, Internet research, power-point, e-mail use, use of Facebook (FB), WhatsApp,

LinkedIn, Messenger and other social media platforms etc.

Y. LANGUAGE PROFICIENCY (SPOKEN AND WRITTEN)

English – Excellent

Kiswahili – Excellent

Dholuo – Excellent (Native speaker)

Z. TAUGHT, RESEARCHED, PRESENTED AND STUDIED IN AT LEAST 17 COUNTRIES

1. Africa: Kenya (most of the 47 counties & all regions or “provinces”), Tanzania (Univ. of Dar

es Salaam), Zanzibar, Uganda (Makerere Univ., Uganda Technology and Management Univ.

(UTAMU)), South Africa (Univ of Cape Town (UCT)), Nigeria, Ghana, Botswana (Univ. of

Botswana), Swaziland (Univ. of Swaziland), Namibia (Univ. of Namibia), Zimbabwe, Egypt,

Seychelles.

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2. Europe: United Kingdom (UK) (Universities: Warwick, Oxford, Cambridge, Leeds, ...; cities:

London, Birmingham, Coventry, Oxford, Cambridge, Leeds, Manchester....), Germany,

Switzerland, Sweden, Belgium, Italy, The Vatican, France, Finland, Spain.

3. North America: USA (Universities: Stanford, Harvard, Maryland, UC Davis, UC Berkeley);

states: California, New York, Washington DC, Massachusetts; cities: New York, San

Francisco, Los Angeles, Sacramento, Boston, ....

4. South America: Chile.

5. Asia: Japan (Tokyo: University of Kansai and Konan University)

ANNEX 1: PHD AND LLD THESES AND DISSERTATIONS SUPERVISEES

1. Ms Zubeda Mucheke (2017) Challenges facing Implementation of Electronic Conveyancing

in Kenya: Case Study Ministry of Land, Open University of Tanzania (November 2017).

2. Mr Hezekiel Oira (2018) University of Zululand, Impact of Copyright on Access to Football in

Kenya and South Africa, University of Cape Town (completion 2018).

3. Mr Charles Oyaya (2013) Towards Constitutional Legitimacy: A Study of Constitutional

Developments and Participatory Constitution Making in Kenya from Colonial Times to 2010

(Co-Supervisor and Supervisor of Corrections).

4. Marisella Nabongo Ouma (2009) Enforcement of Copyright in Sub-Saharan Africa: A

Theoretical Perspective, Queen Mary University of London.

5. Mr Teddy J.O. Musiga (2022) Reassessing States’ Extra-Territorial Obligations during Cases

of Presidential Election Fallout in Africa, University of Nairobi Law School (due 2021)

6. Mr Leonard Aloo (2021) Addressing Legal Fragmentation of Sale of Goods Law in East

African Community: Harmony, Approximation, or Status Quo- Evidence Based decision

Making, University of Nairobi Law School (due 2021)

7. Ms Cynthia Akeyo (2022) The Plight of Women Refugees in Kenya: An Assessment of

Procedures and Strategies for the International Protection of Human Rights and the Promotion

of Sustainable Human Development, University of Nairobi Law School (due 2022).

8. Ms Elizabeth Muthoni Warrick (2018) Citizen Science: The Participation of Lay People in

Scientific Research, University of Maryland (due 2018).

9. Mr Patrick Nguyo (2022) Enhancing Civil Litigation Practise in Kenya: An Examination of

the Challenges and Developing Unique Strategies of Delivering Access to Justice, University

of Nairobi Law School (due 2022).

10. Juliana Njiriri (2022) Harmonizing Digital Content Contracts in Africa, University of Nairobi

Law School (due 2022).

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11. Daniel Odhiambo (2022) Copyright Protection Vis-a-Vis Image Rights of Kenyan Celebrities:

An Assessment of the Policy and Legal Framework, University of Nairobi Law School (due

2022).

12. Mugambi Laibuta (2022) A Case for Sustainable Regulation of the Digital Space in Kenya,

University of Nairobi Law School (due 2022).

13. Erick Ngumbi (2022) The Constitution and Public Trust: Efficacy of Impeachment as an

Accountability Tool for State Officers in Kenya, University of Nairobi Law School (due 2022).

14. Ms Elizabeth Muindi Mutile (2022) Privacy and Property: Conceptualizing Property Rights

in Personal Data Under Kenyan Legal Framework, University of Nairobi Law School (due

2022)

15. Ms Julia Wanja Muriithi (2022) Compensating Musical Creativity through Copyright in

Kenya, University of Nairobi School of Journalism and Mass Communication (SOJMC).

ANNEX 2: LLM THESES AND RESEARCH PROJECT PAPER SUPERVISEES

1. Stella Munyi (2021) Nyumba kumi Security Project in Kenya.

2. Mathew Okoth (2021) Efficacy of statutory Derivative Action in Kenya as a Protective Tool

Against Misadventures of Company Directors.

3. Nancy Kinoti (2021) Adherence to Article 10 of The Constitution by State Corporations.

(Thesis)

4. Hilda Njambi (2021) Grabbing of Public Land Post The 2010 Constitution Dispensation.

5. Angela Kagunyi (2021) The Importance of Public Participation in The Law-Making

Process in The County Assembly of Kiambu.

6. Christopher Marwa (2021) Implementing the Right to Public Participation in the legislative

Process in Kenya, South Africa and the UK.

7. Mutindi Muema (2021) The Regulation of Sex Lubricants in Kenya.

8. Elias Kibathi (2021) Streamlining the Electoral System in Kenya For Impartial, Neutral,

Efficient, Accurate and Accountable Elections: Lessons from other Jurisdictions.

9. Wilberforce Akello (2021) The Role of Technology in Elections in Kenya: A Case Study of

2017 Presidential Election.

10. Karanu Nancy Wangari (2021) Conflict between Intellectual Property Rights and Public

Access Rights.

11. Ambrose Weda (2021) Finding the Delicate Balance between the Rights of Persons with

Disabilities against Intellectual Property Rights under the Constitution of Kenya, 2010. A

Case for Accommodating Persons with Audio and Visual Sensory Disabilities in the

Kenyan Copyright Law.

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12. Francis Ang’ila Aywa (2021) The Effectiveness of Criminal Law in Regulating Electoral

Competition in Kenya.

13. Anne Kopingor (2021) Enforcement of Computer Software Copyright in Kenya in Kenya:

Challenges and Prospects.

14. Lilian Abishai (2021) Alternative Electoral Dispute Resolution for a Sustainable

Democratic Government in Kenya:

15. Wambui Kamau (2021) Civic Education in Kenya: The Gap in Democracy.

16. Elias Ngugi Mwenda (2021) Conceptual Analysis of the Contemporary Kenyan

Jurisprudence on Ethnicity.

17. Ndungi David Munyao (2021) Critical Analysis of the Constitution of Kenya, 2010 as an

Instrument of Democracy and Good Governance.

18. George Gilbert Otieno (2021) WTO-TRIPs Public Health Flexibilities in EAC: Panacea or

Pandoras Box.

19. Stephen Musili (2020) The Impact of Poverty on Democracy and the Right to Free and

Fair Elections in Kenya.

20. Evans Oruenjo (2020) Dispute Resolution in Kenya’s 2017 Political Party Primaries: A

Comparative Study of Kenya and Nigeria.

21. Erick Ngumbi (2019) Viability of Lifestyle Audits as an Anti-Corruption Strategy in Kenya:

A Critical Assessment of the Policy, Legal and Administrative Framework.

22. Shirley Arlentrice Gulenywa (2018) Regulating Ringtone Technology in Kenya (Supervisor

of Corrections).

23. Mikinyango Mary Asha (2017) Importance of Creation, Protection and Enforcement of

Sports Image Rights to Kenya’s Sports their Agents Clubs and Sponsors.

24. Ongola Bracxides Shaluma (2014) Analytical Discourse on Efficacy of Anti-Counterfeit

Law in Kenya.

25. Jeremmy Okonjo (2013) Convergence of Telecommunication, Media and Information

Technology in Kenya: Implications for Regulation of Mobile Telephony.

26. Joan Ndune (due 2018) Copyright Law in Kenya: The Challenges and Prospects of Foreign

Music

27. Maurice Okumu (2013) Financial Devolution under the Kenya Constitution: The Quest for

Equitable Distribution of Resources

28. Francis Kaburu (2010) Branchless Banking: Towards a Principle-based Regulatory

System.

29. Eva W. Kiiru (2010) New Media and the Creative Sector in Kenya: Intellectual Property

Challenges and Implications, MA, School of Journalism & Mass Communication.

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30. Paul Kipkosgei Rotich (2009) An Audit of Kenya’s Anti-counterfeiting Laws: Do They

Embrace International Trade Law Standards?

31. Boniface Mutinda Kabaka (2009) Regulating Electronic Trading of Securities in the

Nairobi Stock Exchange.

32. Idah Gatwiri (2009) Evaluating Communication Methods for Disaster Management in

Kenya, University of Nairobi, School of Journalism and Mass Communications (SOJMC)

33. Cosima Apeles Wetende (2008): Integrating Mediation into Kenya’s Civil Justice Process:

A Survey of Advocates in Nairobi

34. Colletah Sigilai (2007) Enhancing Equitable Access to Quality University Education in

Kenya: A critical appraisal of the legal framework on financing University Education in

Kenya.

35. Julia Wanja Muriithi (2007) The Impact of Piracy on Gospel Music Industry in Kenya, MA,

School of Journalism and Mass Communication.

36. Rose Akinyi Osiemo (2007) Trade Marks as a Feature in Kenya’s Competitive Economy

37. Charles Orinda Dulo (2006) Telecommunication Regulation in Kenya: A Case for Generic

Reforms due to ICT.

38. Joseph Kuira (2007) Copyright Law vis-à-vis Freedom of Expression as a Paradox for

Journalists Working in Kenya: A Case Study of the Standard and the Daily Nation

Newspapers, 2000-2004, MA, School of Journalism and Mass Communication.

39. Irene Ndegwa (2007) The Commercial Exploitation of Personality: Challenges Facing the

Kenyan Celebrity.

40. Moses Wang’oo (2007) The East African Federation and the Supremacy of the Kenyan

Constitution

41. Hezekiel Oira (2006) Addressing the Controversies of Neighbouring Rights of

Broadcasting Organisations under Kenyan and International Law.

42. Richard Kuloba (2006) Expeditious and Effective Civil Remedies and Procedures against

Infringement of Copyright in Kenya.

43. Peter Pete (2006) New Regulatory Typology in the Age of Technological Convergence: A

Case of Telecommunication Licensing in Kenya.

ANNEX 3: LLB DISSERTATIONS AND RESEARCH PAPER SUPERVISEES

1. Philip Mbulu Somba (2021) Unconstitutionality of Article143(1), (2) of COK 2010 (Research

Paper)

2. Karanja Herbert Crispin (2021) Separation of powers: Arms-conflict between executive and

judiciary. (Research Paper)

3. Migwi Susan Nduta (2021) The role of politics in fuelling Ethnic Conflict in Kenya. (Research

Paper)

Page 70 of 83

4. Abdi Sheikh (2021) A critical analysis of conduct of devolution in Kenya. (Research Paper)

5. Gabriel Gathure Gatinu (2021) A critical look at the dissolution of the Kenyan parliament.

(Research paper)

6. Diid Guyo Arero (2021) The implementation of the constitution of Kenya 2010. (Research

Paper)

7. Mwaura Micheal (2021) Separation of Powers. (Research Paper).

8. Owade Otieno Eugene (2021) Electoral and Social justice in Kenya and Africa: A 21st Century

Crisis? (Research Paper).

9. Kevin Mugambi Kubai (2021) Constitutional law under the little the socio-economic impact

of electoral injustices and malpractices in Africa. (Research paper).

10. Javas Bigambo (2021) Accountability Through Ethics, Public Participation, and Good

Governance in Law Enforcement in Devolved Governments in Kenya (Research paper).

11. Kamunu Eric Njuguna (2019) Constitution without constitutionalism in Kenya and Africa

(Research paper).

12. Paul Okonyo (2019) Realizing the 1/3 Gender Rule in the National Assembly in Kenya

(Research paper).

13. Ruth Masese (2019) Intellectual Property Rights for Fashion Designers in Kenya and Ghana

(Research paper).

14. Gandi Gertrude Jumwa (2019) Secession v. Devolution: A critical Analysis of Counties in

Kenya and the Biafran State in Nigeria (Research paper).

15. Wandela Philip Wasilwa (2018) Devolution of Public Finance and the Challenge of Corruption

in Kenya (Research paper).

16. Mwangi Leonne Wahome (2018) The Efficacy of the EACC in Combatting Corruption within

the Executive in Kenya (Research paper).

17. Allan Otieno Ogongo (2018) Criminalizing Consensual Sexual Activities Between Minors in

Kenya: A Review of the Sexual Offences Act and the Emerging Jurisprudence (Research paper).

18. Watuka Alex Mbondo (2018) Case Backlog in Kenyan Courts and the Right to Access to

Justice: A Case for Arbitration (Research paper).

19. Antony Carlos Onyango (2018) Copyright in the Audiovisual Industry in Kenya and Nigeria

(Research paper).

20. Lumatete Emmanuel Walubengo (2018) Regulatory Inadequacies of Mobile Money Transfer

System in Kenya (Research paper).

21. Mburu Margaret Nyambura (2018) Implementing Universal Health Under the Kenyan

Constitution 2010 (Research paper).

Page 71 of 83

22. Kimani Anndona Muthoni (2017) Devolution of Health Services Under the Kenya’s

Constitution 2010.

23. Muli Loise Mutuli (2017) Constitutional Implementation of Kenya’s One Third Gender Rule

Treating Unequals Equally Leading to Inequality.

24. Mathenge William Mathenge (2017) Reforming the Judicial Framework to Secure Investments

of Artistic Creators in Kenya.

25. Mataga Cynthia Amutete (2016) Limitations of Copyright in Digital Broadcasting in Kenya:

Analysis of Royal Media Service Case (Digital Migration)

26. Ngoriakou Benson Loktari (2016) Role of the Supreme Court in the interpretation and

development of Constitutional law in Kenya

27. Eric Naibei (2015) NGO’s and Checks and Balances in Kenya’s Governance.

28. Mary Njeri (2015) The Law and Political Economy of Alcoholism in Kenya.

29. Victoria Kirinya Gatwiri (2015) Internet Service Providers and Copyright Protection in Kenya

30. Teresia Karanja (2015) Administrative Bureaucracy in Kenya’s Police Service.

31. Winfred Odali (2015) Service Delivery under the Devolved Government in Kenya Challenges

and Prospects.

32. Edna Kasichana Kabaillah (2015) Copyright Protection of Online Musical Works in Kenya.

33. Kevin Mathenge (2015) Protection of Trade Secrets in Kenya Through Non-Disclosure

Agreements.

34. Isaac Muuo (2015) Combating Software Piracy in Kenya.

35. Karegi Judy Waithera (2015) “Devolution as an Institutional Design Meant to Manage Ethnic

Conflict in Kenya.”

36. Maroncha Edward Mwenda (2014) Constitutionalism in Presidential Elections in Kenya

37. Ahmed Ibrahim Ogle (2014) The Role of the Senate in a Bicameral Parliament under Kenya’s

2010 and 1963 Constitutions.

38. Gathiga George Kinyua (2014) Democratising Ethnically Divided Kenya, Zimbabwe and

Ghana

39. Kimathi Jackline Kendi (2014) Copyright Law: Musical Copyright in the Digital Context in

Kenya.

40. Mohamud Sheikh Muhamed (2014) Presidential Election Disputes and Electoral Justice in

Kenya: Interrogating Legal Framework and Courts’ Jurisprudence.

Page 72 of 83

41. Njeri James Mbugua (2014) Promoting Kenya’s Intellectual Property in the East Africa

Community.

42. Ojwang Okuku Gabriel (2014) Securing Accurate Accountable Verifiable free and Fair

Presidential Elections in Kenya.

43. Adede John Ouma (2014) Assessing Kenya’s Presidential Election Petition (2013).

44. Maryanne Wairimu Kamau (2014) Unconstitutional changes of Government in Kenya and

Africa Assessing the Efficacy of Power sharing Agreements.

45. Calistus Nyegenye (2013) Parliament and Promotion of Checks and Balances and Good

Governace in Kenya: A Comparative Analysis Bicameral Legislature and Unicameral

Legislature.

46. Babra Nkirote Murithi (2013) A Critique on the Kenya Free Primary Education L egal

Framework: A comparative analysis on the laws regulating free primary education in Kenya.

47. Otto Fabian (2013) Embracing Innovation in through Patent.

48. Edward Muhoro Ndung’u (2013) Patents v. Trade Secrets: Protection of Inventions and

Innovative Business Ideas in Kenya.

49. Kevin J. Kwasa (2012) Innovative Methods for Enforcing Contacts in the Music Industry in

Kenya.

50. Gilbert Omware Mitullah (2012) The Case Personal Service Contracts, Reforming Kenyan

Education Law and Policy: Focus on Gifted and Talented Pupils in Primary and Secondary

Schools.

51. Timothy Mugoh (2011) Information Technology and the Law: The Intervention of Law in the

Field of Information Technology in Kenya

52. Sheila Nyayieka (2011) Protecting sports through Intellectual Property

53. Caroline Mwende (2011) Challenges faced by Journalists in Kenya in dissemination of

information.

54. Judith Omollo (2011) Effects of media regulation on media freedom in Kenya.

55. Florence Karimi Gakungi (2010) Restitution for Atrocities Committed against Mau Mau: From

the Rhetoric to Redress of Gross Human Rights Violations.

56. Caroline Lichuma Omari (2010) The Mau Forest Debate with Specific Emphasis on the Right

to Property as Enshrined in the Current Constitution.

57. Zembi Odera (2010): Regulation of Internet Costs by the Kenyan Government.

Page 73 of 83

58. Japheth Odhiambo (2009) Rural Renewal as a Right to Sustainable Development in Kenya

Integrating Land Use and Agrarian Policy Reforms into Rural Development.

59. Wilson Mwihuri (2009) Consolidating the Regulatory Framework for Financial Services in

Kenya.

60. Aliahmed Hassanali (2008) Securitisation of Intellectual Property in Kenya: Prospects for

Commercially Exploiting Intellectual Property.

61. Angela Waweru (2008) Kenyan Higher Education Law in a Global Context: Assessing

International Initiatives to Promote Access and Trade in Education.

62. Jeremmy Okonjo (2008) Digital Signature Legislation in Kenya: The Quest for a Public Key

Infrastructure for E-commerce.

63. Culent Lunyolo (2008) The Constitutional Powers of the Attorney General in Kenya.

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

Beyond.

65. Aron Ambia (2007) Constitutionalizing and Legislating Good Corporate Governance in

Kenya: The Challenges and Prospects.

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

ANNEX 4: MEDIA APPEARANCES AND QUOTATIONS

1. Interviewed on Kenya Broadcasting Corporation (KBC), on March 30, 2022 on the “BBI

Verdict,” by Ben Chumba, at https://youtu.be/G4fr_q7LC6I (accessed April 1, 2022)

2. Interviewed and debated Mr Kamotho Waiganjo on KTN News Kenya on March 31, 2022, on

“The BBI Verdict,” by Fred Indimuli.

3. Ben Sihanya (2022) “Significance of Supreme Court's verdict on BBI,” Standard, Nairobi,

March 12, 2022, at

https://www.standardmedia.co.ke/health/amp/opinion/article/2001440078/significance-of-

supreme-courts-verdict-on-

bbi&ved=2ahUKEwih8tTnscP2AhWySvEDHXn1DMQQFnoECAkQAQ&usg=AOvVaw1P

KvhpauZSViKhPwubSp1g (accessed March 29, 2022).

4. Was interviewed and debated Mr Ndegwa Wahome (Speaker of Nyandarua County Assembly),

on TV47, on January 17, 2022, on “BBI’s Final Call,” by Mr Abubakar Abdullahi, on Pundit’s

Night, at https://www.youtube.com/watch?v=FJNh0ztHMBg (accessed January 18, 2022).

5. Quoted in Kamau Muthoni (2021) “Diplomacy is the only solution in Kenya-Somalia maritime

dispute,” Standard, Nairobi, October 12, 2021, at

https://www.standardmedia.co.ke/national/article/2001425949/diplomacy-is-the-only-

solution-in-kenya-somalia-maritime-dispute (accessed October 12, 2021).

Page 74 of 83

6. Interviewed on TV47, on August 23, 2021, on the “Pundits Night: The Demise of BBI,”

https://www.youtube.com/watch?v=XNXAQuiOqFE&t=1230s&ab_channel=TV47Kenya

(accessed September 1, 2021).

7. Interviewed on Citizen TV, on August 20, 2021, on “What next for BBI?” by Lilian Muli, on

Friday Night, at https://fb.watch/7NtIhFOkrF/ (accessed September 1, 2021).

8. Named in Paul Ogemba and Kamau Muthoni (2021) “As BBI verdict comes, here’s a reminder

of the legal battle that led us to today,” Standard, Nairobi, August 20, 2021, at

https://www.standardmedia.co.ke/national/article/2001421274/as-bbi-verdict-comes-heres-a-

reminder-of-the-legal-battle-that-led-us-to-today (accessed August 31, 2021).

9. Walter Menya (2021) “Meet the judges delivering the BBI ruling,” Daily Nation, Nairobi,

August 20, 2021, at https://nation.africa/kenya/news/meet-the-judges-delivering-the-bbi-

ruling-3518138?view=htmlamp (accessed August 20, 2021).

10. Paul Ogemba (2021) “BBI appeal brought together younger lawyers and top legal mind,”

Standard, August 19, 2021, at

https://www.standardmedia.co.ke/national/article/2001421166/bbi-appeal-brought-together-

younger-lawyers-and-top-legal-minds (accessed August 31, 2021).

11. Named in Josphat Thiong’o (2021) “Young lawyers who have shown their prowess in the BBI

case,” Standard, Nairobi, July 3, 2021, at

https://www.standardmedia.co.ke/national/article/2001417307/young-lawyers-who-have-

shown-their-prowess-in-the-bbi-case (accessed August 31, 2021).

12. Named in Allan Kisia (2021) “Moment of truth for Uhuru, Raila as BBI court battle begins,”

Star, Nairobi, June 28, 2021, at https://www.the-star.co.ke/news/2021-06-28-moment-of-truth-

for-uhuru-raila-as-bbi-court-battle-begins/ (accessed September 1, 2021).

13. Quoted in Brian Otieno (2021) “Lawyers and civil society challenge Uhuru’s decision to drop

judges,” Standard, Nairobi, June 5, 2021, at

https://www.standardmedia.co.ke/national/article/2001414818/lawyers-and-civil-society-

challenge-uhurus-decision-to-drop-judges (accessed June 7, 2021).

14. Named in Mireri Junior (2021) “Flamboyant Nairobi Lawyer takes an indefinite break from

politics,” Standard, Nairobi, May 24, 2021, at

https://www.standardmedia.co.ke/politics/article/2001413824/donald-kipkorir-quits-politics-

says-ours-lacks-integrity (accessed June 21, 2021).

15. Interviewed on Citizen Tv Kenya, on May 17, 2021, on the “BBI Appeal: Prof. Ben Sihanya:

There are so many grounds why the decision is appealable as a matter of public interest,” on

Monday Report by Trevor Ombija, at https://www.facebook.com/CitizenTVKe/videos/the-

Page 75 of 83

bbi-appealprof-ben-sihanya-there-are-so-many-grounds-why-the-decision-is-

app/114546857368151/ (accessed June 7, 2021).

16. Interviewed on Citizen TV Kenya, on May 13, 2021, on the High Court decision on the BBI,

on “Prof. Sihanya: In this case the judges have been reckless in so many issues,” on BBI

Judgement by Akisa Wandera, at

https://www.youtube.com/watch?v=EY0NEt1VJxg&ab_channel=KenyaCitizenTV (accessed

June 7, 2021).

17. Presented and debated Hon Martha Karua on a webinar organized by the Law Society of Kenya,

Nairobi Branch and Riara Law School, on May 6, 2021, on “Explaining the process of

Constitutional amendment and BBI.”

18. Interviewed on K24 TV on May 4, 2021, and debated Prof Alfred Omenya, Prof George

Wajackoyah, and Dr Collin Odote, on “The making of the constitution and the evolving

presidency,” by Debarl Inea, at

https://www.youtube.com/watch?v=6cWdXXlEmE4&ab_channel=K24TV (Accessed June

21, 2021).

19. Prof Ben Sihanya was interviewed on Citizen TV and debated Ms Daisy Amdany on February

3, 2021, on “Inside the BBI Divide,” at https://youtu.be/OzqziUTyqBg (accessed February 3,

2021). (widely watched and acclaimed contribution).

20. Interviewed on KTN News Kenya, on January 26, 2021, on “Will BBI recommendations foster

devolution growth?” on FrontRow by Akisa Wandera, at

https://www.youtube.com/watch?v=eq4d3_AY1Ww (accessed February 8, 2021).

21. Named in Augustine Oduor (2021) “Row over University of Nairobi Law School dean

elections,” Standard, January 29, 2021, at

https://www.standardmedia.co.ke/education/article/2001401732/row-over-university-of-

nairobi-law-school-dean-elections (accessed February 8, 2021).

22. Named in Eric Matara & Macharia Mwangi (2020) “MPs raise disputed BBI proposals,” Daily

Nation, Nairobi, 3/11/2020, at https://nation.africa/kenya/news/politics/mps-raise-disputed-

bbi-proposals-2729218 (accessed November 3, 2020).

23. Named in Justus Wanga & Walter Menya (2020) “Uhuru, Raila craft road map for the next

phase of BBI,” Sunday Nation, Nairobi, November 1, 2020, at

https://nation.africa/kenya/news/politics/uhuru-raila-craft-road-map-for-the-next-phase-of-

bbi-2727612 (accessed November 1, 2020).

24. Quoted in Allan Mungai (2020) “Complex scenarios that BBI does not clearly address,”

Standard, Nairobi, November 1, 2020, at

Page 76 of 83

https://www.standardmedia.co.ke/politics/article/2001392228/complex-scenarios-that-bbi-

does-not-clearly-address (accessed November 1, 2020).

25. Debated with Advocate Bobby Mkangi and interviewed on KTN News on the BBI Report 2020

proposals on the expansion or restructuring of the Executive and Legislature on October 30,

2020, at

https://www.youtube.com/watch?v=vfxY52raTn0&feature=youtu.be&fbclid=IwAR0XOEmk

73_0AVFWj0sh7CIos_U-8JJpdOqbeboGkU0retIQr1eOZTk_rbY.

26. Interviewed by Citizen TV on the Building Bridges Initiative (BBI) 2020 Report proposals on

October 28, 2020.

27. Quoted in Brian Otieno (2020) “Changes: What it means to have government secure seat in

House,” Standard, Nairobi, October 26, 2020, at

https://www.standardmedia.co.ke/politics/article/2001391478/bbi-the-return-of-the-

government-in-parliament?fbclid=IwAR1gnTmMOhbm0hVkIhKdbft8gOj9WxkRvGhfuJ-

XLvd9SvtB-tONfgN7yT4 (accessed November 6, 2020).

28. Quoted in Justus Ochieng (2020) “ODM, EACC lock horns over university don’s role in party,”

Daily Nation, Nairobi, October 1, 2020, at https://nation.africa/kenya/news/politics/odm-eacc-

lock-horns-over-don-role-in-party-2453624?fbclid=IwAR0-

wTqqmVYUuKGZRkQZT282uJ4Q4LPsyzUJwRYri166MXo-sOMsarWGnKY (accessed

November 6, 2020).

29. Quoted in Fred Oluoch (2020) “Kenya, Somalia keep eyes on court over ocean block dispute,”

East African, Nairobi, January 5, 2020, at https://www.theeastafrican.co.ke/news/ea/Kenya-

Somalia-keep-eyes-on-court-over-ocean-block-dispute/4552908-5406618-

h9ia15/index.html?fbclid=IwAR3w4b_kX7SYq8w66jGjV3gnf79MRI3bP8Z4WnEP3gjMuu

0Q7NZRnelkcWQ (accessed November 6, 2020).

30. Quoted in Fred Oluoch and Erick Oduor (2017) “Last ditch efforts for compromise ahead of

October 26 elections,” The East African, Nairobi, October 23, 2017 at

http://www.theeastafrican.co.ke/news/Kenya-elections-dialogue-Kenyatta-Odinga/2558-

4149974-ihpbpwz/index.html

31. Quoted in Olive Burrows (2017) “Forms 34A, B back in focus as court rules on Chebukati

role,” Capital News, Nairobi, October 17, 2017, at

https://www.capitalfm.co.ke/news/2017/10/forms-34a-b-back-focus-court-rules-chebukati-

role/

32. Part of the team of University academics and intellectuals who visited to honour and consult

Prof Bethwell Allan Ogot at his Yala home on 28/12/2016; John Oywa (2017) “At 88, historian

Ogot not prepared to write his last word yet,” Standard, Nairobi, January 8, 2017.

Page 77 of 83

33. Quoted in Lilian Aluanga (2016) “The Government is oppressive and unfair on treatment of

bloggers,” Standard Newspaper, Nairobi, January 30, 2016, at

https://www.standardmedia.co.ke/m/story.php?id=2000189825&pageNo=2.

34. Emcee (MC) for the June 6, 2016, for Council of Governors’ former CJ Willy Mutunga

farewell dinner.

35. Quoted in Nzau Musau (2016) “Why deeper reforms are needed now at besieged IEBC,”

Sunday Standard, Nairobi, May 22, 2016, at

http://www.standardmedia.co.ke/article/2000202656/why-deeper-reforms-are-needed-now-

at-besieged-iebc/?pageNo=2.

36. Quoted in Justus Wanga (2016) “Kenya: Governors face contests in 15 battleground counties,”

Daily Nation, May 1, 2016, at http://www.nation.co.ke/news/politics/Governors-face-stiff-

contests-in-15-battleground-counties/1064-3183808-dnll29/index.html.

37. Quoted in Nzau Musau (2014) “Parliamentary vetting of public officials in Kenya: opinion

split on effectivity,” Standard, at

http://www.standardmedia.co.ke/worldcup/article/2000136409/parliamentary-vetting-of-

public-officials-in-kenya-opinion-split-on

effectivity?articleID=2000136409&story_title=parliamentary-vetting-of-public-officials-in-

kenya-opinion-split-on-effectivity&pageNo=3.

38. In court during the Supreme Court hearing of petitions No. 11 and 12 of 2016.

39. Kenya Broadcasting Corporation (KBC), National Aids Control Council, World Trade

Organisation, Serena Hotel, Ben Sihanya was the moderator (2015).

40. Interviewed live by Citizen TV, Cheche Show, on Access to Information on October 27, 2014.

41. Quoted in Nzau Musau (2014) “Parliamentary vetting of public officials in Kenya: Opinion

split on effectivity,” at

http://www.standardmedia.co.ke/worldcup/article/2000136409/parliamentary-vetting-of-

public-officials-in-kenya-opinion-split-on

effectivity?articleID=2000136409&story_title=parliamentary-vetting-of-public-officials-in-

kenya-opinion-split-on-effectivity&pageNo=3 (accessed 12/5/2017).

42. Quoted in Justus Wanga (2014) “Too many interests stand in the way of the Constitution,”

Daily Nation, at http://www.nation.co.ke/news/politics/Too-many-interests-stand-in-the-way-

of-the-Constitution/-/1064/2428978/-/13iuyu9z/-/index.html.

43. Quoted in Nzau Musau (2014) “Lawyers fault Mutunga's proposal to bring in commonwealth

judges,” Standard, at

http://www.standardmedia.co.ke/m/story.php?articleID=2000133318&story_title=Lawyers-

fault-Mutunga-s-proposal-to-bring-in-Commonwealth-judges.

Page 78 of 83

44. Quoted in Kevine Omollo (2013) “Naomba Sirkal’’ mom wants phone companies to pay her,”

Standard, December 12, 2014, at

http://www.standardmedia.co.ke/mobile/?articleID=2000095420&story_title=naomba-sirkal-

mom-wants-phone-companies-to-pay-her&pageNo=1 (accessed 8/2/2014).

45. Quoted in John Ngirachu (2014) “Wambora probe begins tomorrow,” Sunday Nation, February

9, 2014, at 26.

46. Quoted in George Magoha (2014) “Professors pay glowing tribute to ‘academic doyen,”

Sunday Nation: Lifestyle, February 9, 2014, at 5 (Tribute to Prof David P.S Wasawo by Prof

Magoha, VC, University of Nairobi).

47. Interview with Radio Maisha on the Constitutional, juridical and jurisprudential perspectives

and analyses of the Government’s handling of the West gate attack in Kenya (2013), on

6/2/2014.

48. Quoted in Faith Ronoh (2014) “Constitutional implications of recent appointments,” Standard

on Saturday, January 18, 2014, at 3.

49. Quoted in Fred Oluoch (2013) “Egypt’s lack of systems creates more turmoil,” East African,

Nairobi (weekly), August 17-23, 2013, at 13.

50. Interview with KISS FM on accommodation of university students on September 2, 2013.

51. Quoted in Jacob Ng’etich (2013) “Intrigues that almost marred Uhuru swearing-in ceremony,”

Standard on Sunday, July 14, 2013, at 4.

52. Quoted by Nation Reporter (2013) “LSK warns legislators over changes of Law,” Daily Nation,

Nairobi), Friday, June 21, 2013, National News, at 2.

53. Expert Panelist in an aired debate on “The land question in Kenya,” in The Panel, weekly

programme filmed by GBS TV, Friday, aired on April 12, 2013 on GBS from 8 pm to 8.50pm.

54. Interview with Carol of Taifa Leo, on “Ambivalence by the international community on Uhuru

Kenyatta,” Saturday, March 30, 2013.

55. Quoted in Mangoa Mosota (2013) “LSK to probe poll electronic failure,” Standard, Education,

March 28, 2013, at p 17.

56. Quoted in Jacob Ng’etich (2013) “Uhuru trips abroad pointer to what shade foreign policy will

take,” Standard on Sunday, Nairobi May 12, 2013, Power & Politics, at 20.

57. Interviewed three times at Kass TV on the land question; transition and criminal justice in

Kenya.

58. Interview with Fred Oluoch on consequentialist arguments regarding the Presidential Election

Petition, Friday, March 29, 2013, (consequences of invalidation).

Page 79 of 83

59. Interview with Swedish National Broadcasting Station, Sveriges Television (SVT) on the

March 4, 2013 presidential elections verdict, aired on Saturday, March 30, 2013 through the

United Nations (UN) News system.

60. Interview with Fred Oluoch, East African on the ICC question, the rule of law, and the Uhuru

Kenyatta question in national governance and international relations, March 2013.

61. Interview with Joanne Wanjala of Standard Media Group on University Education today,

March 20, 2013.

62. Panelist on presidential elections of 4/13/2013 and role of IEBC with Martin Oloo, interviewed

by Yvonne Okwara of KTN, Saturday 9/3/2013.

63. Interviewed on land, KTN, Newsline with Louis Otieno on Land and Poverty, Feb 13, 2013,

at,

http://www.youtube.com/watch?v=HIaYTs4hb5A&list=UUKVsdeoHExltrWMuK0hOWmg

&index=1 (accessed 25/3/2013).

64. “Kenyans have a chance of launching a second republic,” comprehensive interview with Nzau

Musau, Star, Nairobi, March 5, 2013, at, http://www.the-star.co.ke/news/article-

110540/kenyans-have-chance-launching-second-republic (accessed 22/3/2013).

65. Quoted in Augustine Oduor (2013) “High enrolment rate to blame for dismal showing,”

Standard, KCPE Results, 30/1/2013, at 4.

66. Quoted in Daniel Kibor, Michael Chepkwony & Osinde Obare (2013) “Blame-game as schools

and candidates ponder dismal results in KCSE: Fate of those with low marks in doubt as quality

queried,” Standard, 31/1/2013 at 6.

67. Quoted in Augustine Oduor (2013) “High enrolment rate to blame for dismal showing,”

Standard, KCPE Results, 30/1/2013, at p. 4.

68. Quoted in Daniel Kibor, Michael Chepkwony &Osinde Obare (2013) “Blame-game as schools

and candidates ponder dismal results in KCSE: Fate of those with low marks in doubt as quality

queried,” Standard, 31/1/2013 at p. 6.

69. Quoted in Nzau Musau (2012) “Parties coalition pacts face legitimacy test,” Star 7/12/2012, at

http://www.the-star.co.ke/news/article-98649/parties-coalition-pacts-face-legitimacy-test

(accessed 30/1/2013).

70. Interview with Deutschewelle Kiswahili Radio on political developments in Kenya in the run-

up to the 2013 General Elections (Interview by Bruce Amani; conducted in Kiswahili),

September 27, 2012.

71. Interview that informed the writing of an article, Lillian Onyango (2012) Sunday Nation,

“Tribunal set to decide [Deputy Chief Justice] Nancy Baraza’s fate,” August 5, 2012; quoted

in the article.

72. Nation/NTV Kenya interview – “Kibaki, Mudavadi US Trip fuels speculation,” Sunday Nation

(Nairobi), September 16, 2012 by John Ngirachu; quoted in the story.

Page 80 of 83

73. Interview with Kiss FM on Security in universities and related education institutions. United

States International University student kidnapped & killed. (July 2012).

74. Nation/NTV Kenya – “Legal experts differ over suspensions [of two cabinet ministers by the

Prime Minister,]” Monday, February 15, 2011(quoted)

75. Nation/NTV Kenya – “ODM wants Annan back,” Monday, February 15 2010 (quoted).

76. Nation/NTV Kenya – “Kenya gay demand recognition” by Lucas Barasa and Joy Wanja

Tuesday, May 18, 2010 (quoted)

77. Nation/NTV Kenya – “Campaigns now shift from Draft to Succession Politics,” Saturday, June

26, 2010 by Fred Oluoch (quoted).

78. Nation/NTVKenya – “Parallel degrees faulted at meeting,” Friday, July 6, 2012 by David

Aduda (quoted).

79. Nation/NTV Kenya – “Debate over PM’s power to suspend officials [Ministers]” Sunday,

February 14, 2010 by Walter Menya (quoted).

80. Nation/NTVKenya–Sihanya & Odera: “US ban justified under changing diplomacy trend,”

Saturday, October 31, 2009 by Ben Sihanya& Outa Odera (article; quoted).

81. Nation/NTV Kenya – “Obama praises Kenya’s civil society,” Saturday, July

11, 2009 by Daniel Wesangula & Muchemi Wachira (quoted)

82. Nation/NTVKenya – “Alarm as 15,000 children lured into prostitution,” Saturday, May

23, 2009 by Daniel Wesangula (quoted).

83. Nation/NTVKenya – “Options for immortalising our two departed scholars,” Friday, May

15, 2009 by Cabral Pinto (quoted).

84. Nation/NTVKenya – “Ogendo was an unrelenting champion of Land Reform,” Friday, May

8, 2009 by Peter Mwaura (quoted)

85. Nation/NTVKenya – “Leading law scholar [Prof Okoth-Ogendo] dies in Ethiopian Hospital,”

Saturday, April 25, 2009 by Dave Opiyo (quoted)

86. Nation/NTVKenya – “Leading Kenya law scholar [Prof Okoth-Ogendo] dead,” Saturday, April

25, 2009 (quoted)

87. Nation/NTVKenya – “Ministries’ turf battles hurting nurses,” Saturday, March

28, 2009 by Daniel Wesangula (quoted).

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88. Nation/NTV Kenya – “Book set to spark fresh debate on impact of aid,” Thursday, February

19, 2009 by Ken Opala (quoted).

89. Nation/NTV Kenya – “Disgraced judge goes for top ECK job,” Wednesday, February

11, 2009 by David Mugonyi (quoted).

90. Nation/NTV Kenya – “MPs to table list of Law Review Experts,” Monday, February

2, 2009 by Oliver Mathenge and Bernard Namunane (quoted).

91. Nation/NTV Kenya “Brain gain, watering Africa’s desert,” Wednesday, September

24, 2008 by Kenneth Ogosia (quoted).

92. Nation/NTV Kenya – “Lawyers want minimum reforms,” Wednesday, September

3, 2008 by Lucas Barasa & Nazish Dholakia (quoted).

93. Standard – “Year of Decision,” Sunday, Jan 1, 2012 (quoted).

94. Interviewed by KTN TV on the Waki Commission on Post-Election Violence in Kenya, July

11, 2009 and quoted on the same in the Sunday Nation (Nairobi) of July 12, 2009.

95. Featured on KBC, NTV, KTN and Citizen TV stations discussing the implications on US

President Obama’s speech on Kenya and Africa, July 11, 2009.

96. November 27, 2008 interview by Citizen TV on the introduction of stringent rules on political

parties under the Political Parties Act.

97. November 20, 2008 interview by KISS FM on political party organs and the political party

structure esp. on the revival of the ODM Pentagon.

98. October 3, 2008 interview by Classic FM on the Kenya National Union of Teachers (KNUT)

strike.

99. September 15-21, 2008, EastAfrican, quoted in “Power sharing bad for Africa, says Kriegler,”

by Fred Oluoch, p.3.

100. September 13, 2008, National Public Radio (NPR) Constitutional review – Gwen Thompkins

– “Kenya Struggles to Create New Constitution.”

101. September 2, 2008, British Broadcasting Corporation (BBC), Interview on “Power sharing in

Africa and the Zimbabwe situation,” 8.00-10.00 pm.

102. August 29, 2008, Classic FM, interview on Constitutional Reform in Kenya.

103. February 16, 2008, Standard quoted in “Diplomatic rows blow to economy, experts warn,” by

Oliver Mathenge.

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104. Live interview on Intellectual Property Law, Citizen TV, Big Breakfast show, February 2008;

Jimmy Gathu.

105. February 1, 2008, McLatchy Newspapers, “How Kenya’s Elections were Rigged” by Shashank

Benglali, at www.mclatchynewspapers.com (analytical interview).

106. South Africa Broadcasting Corporation (SABC), interview on “the Post–election political

crisis in Kenya” on January, 2008, at University of Nairobi, Parklands Law Campus.

107. Interview on “election and transition 2007: Women and Kenyan elections governance” (KBC

TV, Sunday December 2, 2007).

108. BBC – “Satire in African Politics: Nigeria, Kenya, Zimbabwe, 2007.”

109. UASU strike – 2006 – featured in Nation Newspapers and NTV- Court Appearance.

110. Interviewed by Kenya Television Network (KTN) on Corruption-induced Crisis in the Kenya

Government in relation to the Anglo-Leasing and Goldenberg Corruption Scandals. The

interview focussed on what action or steps the Kenya Government could take so as to

institutionalize and constitutionalise good governance as well as address the problem of

corruption and enhance its legitimacy (February 9, 2005).

111. Interviewed by NTV (Nation TV) on electoral politics, political wrangles in relation to the

2007 elections in Kenya (May 23, 2005).

112. “Impact of US elections on Kenya and Africa,” Nation TV, November 2, 2004.

113. “Copyright law and enforcement,” KBC TV, Saturday April 17, 2004.

114. “National lecturers’ strike – legal opinions: November (legality of strike)”; December 17, 2003

(legality of signing forms to compel resumption of duty)); constitutionality of coercing striking

lecturers to resume work (Nation TV December 29, 2003). Also, numerous radio bulletins.

115. Consumer protection discussion with Director of Kenya Consumer Organisation (KCO) (1996)

– Kenya Broadcasting Corporation (KBC) TV.

116. Interviewed by NTV on the Supreme Court decisions regarding elections on June 4, 2014.

Prof Ben Sihanya, JSD (PhD) & JSM Stanford, LLM (Warwick), LLB (Nairobi), PGD Law (KSL)

IP and Constitutional Professor, Public Interest Advocate and Mentor

Constitutional Democracy, ©, TM, IP, Education Law, Public Interest Lawyering

Commissioner for Oaths, Notary Public, Patent Agent, Author, Public Intellectual & Poet

University of Nairobi Law School &

Prof Ben Sihanya Advocates & Sihanya Mentoring & Innovative Lawyering

Author: IP and Innovation Law in Kenya and Africa: Transferring Technology for Sustainable Development

(2016; 2020); IP and Innovation Law in Kenya and Africa: Cases and Materials (forthcoming 2022);

Page 83 of 83

Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa Vols. 1, 2 & 3 (due 2022)

[email protected]; [email protected]; [email protected]

Url: www.sihanyaprofadvs.co.ke; www.innovativelawyering.com

Revised 3/2/2021; 12/2/2021; 1/3/2021; 7/6/; 21/6/2021; 2/9/; 12/10/; 26/10/; 29/10/2021; 25/2/2022;

7/3/; 21/3/; 23/5/2022