prof ben sihanya, jsd (stanford) scholar, author, advocate ... · scholar-in-residence & public...
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Prof Ben SIHANYA, JSD (Stanford)
Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant
University of Nairobi Law School
Scholar-in-residence & Public Intellectual, Innovative Lawyering & Sihanya Mentoring
Curriculum Vitae, 1989 – Friday, September 21, 2012
Research Interests
Intellectual Property, Constitutionalism, Education Law and ICT Law
for Sustainable Development
(focus 2010-15: copyright and presidential law in Kenya)
Perspective
Appropriate competencies (skills, knowledge, attitudes and values (SKAV)), innovation, and
constitutional governance are critical parameters for Kenya‟s and Africa‟s sustainable socio-
economic and political development
Ambition: academic and career mentor
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Prof Ben SIHANYA, JSD (Stanford)
Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant
University of Nairobi Law School
Scholar-in-residence & Public Intellectual, Innovative Lawyering & Sihanya Mentoring
Curriculum Vitae, 1989 –Friday, September 21, 2012
TABLE OF CONTENTS
A. Personal Details; Permanent Address; Website
B. Education
C. Relevant Training Undertaken
D. Teaching and Research Interests
E. Doctoral Research Supervision and Development
F. Masters Research Supervision
G. Undergraduate Supervision
H. Mentoring and Supervision of Interns
I. External Examination and Internal Moderation
J. School Administration and University Governance, & Nation Building
K. Achievements as Dean Law
L. Publications
(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 refereed magazines, newsletters
(vi) Book reviews
M. Discussion papers, conference papers and related researches (including reports)
N. Academic Presentations and Professional Training Conducted
O. Government of Kenya: Legal Consultant (1989-)
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P. International, Inter-Governmental, Corporate and other Consultancies (Consultancies include
some items under K, L, M, O, P and X)
Q. Work in Progress: Professorial Research Agenda, 2006-2012
R. Media Appearances (see L (v) above: Articles in Peer reviewed magazines, newspapers)
S. Public Interest Lawyering and Advocacy
T. Mentoring Programme: Innovative Lawyering & Sihanya Mentoring
U. Honours and Awards
V. Fellowships and Memberships
W. Computer and Internet Skills
X. Language Proficiency (spoken and written)
Y. Taught, Researched, Presented and Studied in at least 18 countries
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Prof Ben SIHANYA, JSD (Stanford)
Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant
University of Nairobi Law School
Scholar-in-residence & Public Intellectual, Innovative Lawyering & Sihanya Mentoring
Curriculum Vitae, 1989 – Friday, September 21, 2012
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 Sihanya
PERMANENT ADDRESS; WEBSITE
Univ. of Nairobi Law School & Innovative Lawyering, Sihanya Mentoring & ©opyright Africa
Parklands Law Campus, Room B10
Box 1313, Sarit Centre, 00606 Nairobi, Kenya
Telefax (+254-20) 3741769; (+254-20) 2128272; +726020082 (O); 3522224(H);
Cell: +722897825, +737897825
email: [email protected]; [email protected];
[email protected]; [email protected];
url: www.innovativelawyering.com
B. EDUCATION
1. Juridical Science Doctor (JSD) (PhD) 2003; Stanford Law School, Stanford, CA, USA
- Doctoral research on copyright and cultural creativity in Kenya within the (trans)national
political economy; also addresses the role of intellectual property, communications law and
constitutionalism in promoting innovation for sustainable development, particularly innovations
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);
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- 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;
- 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 subsidiary 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 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.”
2. 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.
3. 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)
and University of Swaziland (2009-2010).
4. Training on Results Based Management for Senior University Management, April 4-5, 2007.
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5. Training on Pedagogy and Curriculum Development for University Lecturers, March 26-30,
2007.
6. Training on University Health, Safety, Security and Standards, March 20-23, 2007.
7. Training on ISO 9001: 2000, February 6, 2007 (for University Managers).
8. 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).
9. 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.
10. University of California at (UC) Berkeley and UC Davis, California
- Certificate course in Introduction to US Law (2002).
11. Université de Catholique de Louvain, Louvain-la-Neuve, Belgium
- Certificate course in European Community Consumer Law, 1999.
12. Consumers International Regional Office for Africa (CI-ROAF), Harare, Zimbabwe
- Certificate course in electronic communication and network administration, 1999.
13. Institute of Certified Public Secretaries of Kenya (ICPSK), Nairobi, Kenya
- Registered as a Certified Public Secretary (CPS (K)), 1997.
14. World Intellectual Property Organization (WIPO), Geneva, Switzerland and Attorney
General‟s Office, Nairobi, Kenya
- Certificate course in copyright and related rights, 1992
15. Nairobi International Law Institute (a programme of Widener University (US), and Faculty
of Law, University of Nairobi)
1. Postgraduate certificate course in international trade and investment law, 1991;
16. Innovative Lawyering and ©opyright Africa, Nairobi, Kenya
- Founder CEO, on-the-job training and short-term courses on computing, using e-mail, and
the Internet in research on intellectual property, constitutionalism, education law, and
communications law(1989-);
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D. TEACHING AND RESEARCH INTERESTS (see publications from K below)
1. Intellectual Property (IP) and Innovation – Research focus (2007–2012): Kenyan and African
Copyright and Related Rights; Kenyan and African Trade Mark and Related Doctrines;
Intellectual Property Regulation, Management and Administration in Kenyan Universities
and Research and Development Institutions. Others include Patent, Geographical Indication,
Trade Secret and Technology Transfer.
2. Kenyan and Comparative Constitutionalism - Research focus (2007–2012): 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 National Qualification Framework (NQF) and National Assessment System
(NAS) for Kenya.
5. Communications Law – including Cyber Law, Media and Entertainment Law (2007-2012):
Copyright and Trade Mark in ODeL in Kenyan Universities.
6. Kenyan Cultural Politics and Intellectual History (2007-2012): Kenyan Academics and
Public Administration, 1963-2010.
E. DOCTORAL RESEARCH SUPERVISION AND DEVELOPMENT
1. Doctoral supervisees
Supervision of students enrolled for doctoral research in intellectual property, constitutionalism,
and ICT law, University of Nairobi and leading European universities since my last promotion
on January 26, 2006. My supervisees include the following students:
1 Charles Oyaya (2012) Towards Constitutional Legitimacy: A Study of
Constitutional Developments and Participatory Constitution Making in Kenya
from Colonial Times to 2010 (Supervisor of Corrections).
2 Marisella Nabongo Ouma (2009): Enforcement of Copyright in Sub-Saharan
Africa: A Theoretical Perspective, Queen Mary Intellectual Property Research
Institute, University of London.
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3 Peter Otieno Pete: Legal Instruments for Content Regulation in Digital Media in
Kenya, University of Nairobi Law School (continuing).
4 Steve Ouma: Separation of Powers Counter- majoritanism to Juristrocasy:
Exploring the scope and Legitimacy of Judicial Review under the Constitution of
Kenya 2010.
5 Julia Wanja Muriithi: Intellectual Property Regimes and their Role in Innovation
in Africa: The Case of Kenya, University of Nairobi Law School of Journalism
and Mass Communication (SOJMC) (continuing).
6 Gideon Nteere Marete: The Constitutional Right to Know: Communication
Economics Information in a Knowledge Economy, University of Nairobi School
of Journalism (revising proposal) (Lecturer Department of Linguistics, project
writing)
7 Jan Schmidt (2010): Multi Ethnic States and their Constitutional Integration
Strategies Towards Ethnic Minorities in Eastern Africa: A Case Study of Kenya,
Ethiopia and Tanzania, University of Tübingen, Germany.
8 Samuel Chepkonga: Historical Development of the Telecommunication Sector in
Kenya: Regulatory and Licensing Politics, University of Nairobi Law School
(continuing).
9 John Mutakha Kangu: Constitutional Architecture and Staff Governance:
Shortcomings in Contemporary Constitution–making Experiences, University of
Nairobi Law School (continuing).
2. 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 awaiting final defence
(only one candidate had graduated from the Law School in its 40 years – 1970-2010).
3. 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. Dr Marisella
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Ouma, Peter Pete, Julia Wanja Muriithi, Gideon Marete, Jan Schmidt and Eva Kiiru, among
others.
F. MASTER’S RESEARCH SUPERVISION
1. Masters theses and projects supervised since January 26, 2006
Supervised at least 28 Master‟s Theses or projects in Intellectual Property, Constitutionalism,
Education and Mentoring Law, and ICT Law, University of Nairobi. Some of the Master‟s theses
since January 26, 2006 include the following.
1 Colletah Sigilai (2009/10): The Legal Framework on Financing University
Education in Kenya Enhancing Equitable Access to Quality University Education.
2 Francis Kaburu (2009/10): Branchless Banking: Towards a Principle-based
Regulatory System.
3 Eva W. Kiiru (2009): New Media and the Creative Sector in Kenya: Intellectual
Property Challenges and Implications, MA, School of Journalism & Mass
Communication.
4 Paul Kipkosgei Rotich (2009): An Audit of Kenya’s Anti-counterfeiting Laws: Do
They Embrace International Trade Law Standards?
5 Boniface Mutinda Kabaka (2009): Regulating Electronic Trading of Securities in
the Nairobi Stock Exchange.
6 Idah Gatwiri (2009): Evaluating Communication Methods for Disaster
Management in Kenya, University of Nairobi, School of Journalism and Mass
Communications (SOJMC)
7 Julia Wanja Muriithi (2008): The Impact of Piracy on Gospel Music Industry in
Kenya, MA, School of Journalism and Mass Communication.
8 Cosima Apeles Wetende (2008): Integrating Mediation into Kenya’s Civil Justice
Process: A Survey of Advocates in Nairobi
9 Rose Akinyi Osiemo (2007): Trade Marks as a Feature in Kenya’s Competitive
Economy
10 Charles Orinda Dulo (2007): Telecommunication Regulation in Kenya: A Case for
Generic Reforms due to ICT.
11 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
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Daily Nation Newspapers, 2000-2004, MA, School of Journalism and Mass
Communication.
12 Irene Ndegwa (2007): The Commercial Exploitation of Personality: Challenges
Facing the Kenyan Celebrity.
13 Moses Wang‟oo (2007): The East African Federation and the Supremacy of the
Kenyan Constitution
14 Hezekiel Oira (2006): Addressing the Controversies of Neighbouring Rights of
Broadcasting Organisations under Kenyan and International Law.
15 Richard Kuloba (2006): Expeditious and Effective Civil Remedies and Procedures
against Infringement of Copyright in Kenya.
16 Peter Pete (2006): New Regulatory Typology in the Age of Technological
Convergence: A Case of Telecommunication Licensing in Kenya.
2. Master’s theses and projects (continuing)
Some of the Master‟s Theses and projects I am currently supervising (2012) include the
following:
1 Shirley Gulenya (2012) Regulating Ringtone Technology in Kenya (Supervisor of
Corrections).
2 Maurice Okumu (2010/11) Financial Devolution under the Kenya Constitution 2010:
What Extent Does it Provide for Fair Distribution of Resources?
3 Francis Ang‟ila Aywa (2009/10): The Effectiveness of Criminal Law in Regulating
Electoral Competition in Kenya.
4 Anne Kopingor (2009/2010): Enforcement of Computer Software Copyright in Kenya in
Kenya: Challenges and Prospects
5 Jeremmy Okonjo (2009/2010) Convergence of Telecommunication, Media and
Information Technology in Kenya: Implications for Regulation of Mobile Telephony
6 Wambui Kamau (2010/11) Civic Education in Kenya: The Gap in Democracy
7 Lilian Abishai (2009/10): Alternative Electoral Dispute Resolution for a Sustainable
Democratic Government in Kenya:
8 Joan Ndune (2009/10): Copyright Law in Kenya: The challenges and Prospects of
Foreign Music
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9 Debra Wanjiru Gichio (2009/10): An Overview of the TRIPs Agreement on Patenting Life
Forms: Its Effects and Recommendations for Reform.
10 Ndungi David Munyao (2009/2010): Critical Analysis of the Constitution of Kenya, 2010
as anIinstrument of Democracy and Good Governance
11 Victor Buziba Nzomo (2012): The End of Music Copyright Society of Kenya? Rethinking
the Governance of Collective Management Organizations in Kenya.
12 Philip Nyachoti (2012): Transnational Litigation within the East African Community:
Harmonizing the Legal Education, Training and Practice Systems.
13 Illa Leaky Osiemo (2012): Strengthening the Senate and the National Assembly in the
Kenyan Context: A Case Study of their Functions, Relationships and Relevance.
14 Odhiambo Collins Harrison (2012): The Challenges of Developing a Vibrant Film
Industry in Kenya: A Governance, Policy and Legal Perspective.
15 Karanu Nancy Wangari (2012): Conflict between Intellectual Property Rights and Public
Access Rights.
G. UNDERGRADUATE SUPERVISION
1. Undergraduate dissertations and research projects supervised since January 26, 2006
Supervised undergraduate dissertations or projects in intellectual property, constitutionalism,
education law and ICT law, University of Nairobi. I have supervised 71 students since 1997.
Some of the undergraduate since my last promotion on January 26, 2006 are the following:
1. Timothy Mugoh (2011): Information Technology and the Law: The Intervention of Law
in the Field of Information Technology in Kenya
2. Sheila Nyayieka (2011): Protecting sports through Intellectual Property
3. Caroline Mwende (2011): Challenges faced by Journalists in Kenya in dissemination of
information
4. Judith Omollo (2011): Effects of media regulation on media freedom in Kenya
5. Florence Karimi Gakungi (2010): Restitution for Atrocities Committed against Mau Mau:
From the Rhetoric to Redress of Gross Human Rights Violations.
6. Caroline Lichuma Omari (2010): The Mau Forest Debate with Specific Emphasis on the
Right to Property as Enshrined in the Current Constitution.
7. Zembi Odera (2010): Regulation of Internet Costs by the Kenyan Government
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8. Japheth Odhiambo (2009): Rural Renewal as a Right to Sustainable Development in
Kenya Integrating Land Use and Agrarian Policy Reforms into Rural Development
9. Wilson Mwihuri (2009): Consolidating the Regulatory Framework for Financial Services
in Kenya
10. Aliahmed Hassanali (2008): Securitisation of Intellectual Property in Kenya: Prospects
for Commercially Exploiting Intellectual Property
11. Angela Waweru (2008): Kenyan Higher Education Law in a Global Context: Assessing
International Initiatives to Promote Access and Trade in Education
12. Jeremmy Okonjo (2008): Digital Signature Legislation in Kenya: The Quest for a Public
Key Infrastructure for E-commerce.
13. Culent Lunyolo (2008): The Constitutional Powers of the Attorney General in Kenya.
14. Sang Kipyego (2008): Historical Injustices in Public Service Appointments: 1963-2008
and Beyond.
15. Aron Ambia (2007): Constitutionalizing and Legislating Good Corporate Governance
in Kenya: The Challenges and Prospects.
16. Lorraine Ogombe (2006): Parallel Importation and the Law in Kenya.
2. Undergraduate dissertations and research projects supervised (continuing)
Some of the undergraduate dissertations or projects I am currently supervising (2012) include the
following:
1. Kevin J. Kwasa, Innovative Methods for Enforcing Contacts in the Music Industry in
Kenya.
2. Gilbert Omware Mitullah: The Case Personal Service Contracts, Reforming Kenyan
Education Law and Policy: Focus on Gifted and Talented Pupils in Primary and
Secondary Schools.
3. 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, especially in the Kisumu and Siaya Law Courts since 1997.
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H. MENTORING AND SUPERVISION OF INTERNS (see also Mentoring Programme:
Innovative Lawyering (IL) and Sihanya Mentoring (SM), below)
1. Supervised mentees, interns, and research assistants from the University of Nairobi Law
School since 1997.
2. Served as a mentor and referee for University of Nairobi Law School regarding applications
for internship, attachment, pupilage, postgraduate studies (in Kenya and abroad) and in job
applications.
I. EXTERNAL EXAMINATION AND INTERNAL MODERATION
1. Reappointed External Examiner, Makerere University Law School, Kampala, Uganda,
2012.
2. Appointed External Examiner, Moi University Law School, Eldoret, 2012.
3. Internal Moderator, University of Nairobi Law School, 2004- (LLB and LLM course
units and dissertations; PhD dissertations).
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. 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.
6. External Examiner, Strathmore University, Law Course units; 2005-6.
J. SCHOOL ADMINISTRATION AND UNIVERSITY GOVERNANCE, & NATION
BUILDING
1. Reappointed as a Staff Commissioner for the 2012 SONU elections and bye-elections - by
the University of Nairobi Senate.
2. 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.
3. 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).
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4. 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).
5. Promoted to Associate Professor, Department of Commercial Law on February 1, 2011.
6. Dean Law and Related Administrative Roles (29.1.09 – 28.1.11)
- 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.
7. 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- )
8. 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
9. 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).
10. 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).
11. 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.
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- 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 Intellectual
Property Officer for the University, 2007; reviewed plant based innovation for IP
protection; both chaired by DVC (A&F).
12. 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
(appointed by Prof Isaac M. Mbeche, approved by CMB).
13. Member, College Academic Board, (CAB), 2004-
14. Member, Appointments and Promotions Committee (APC) – various panels at the
University of Nairobi and at the Kenya Polytechnic University College (since 2004)
15. Chairman, Commercial Law Department, University of Nairobi Law School,
February 9, 2006 – February 3, 2009.
16. Promoted to Senior Lecturer, Department of Private Law, January 26, 2006; transferred to
Commercial Law.
17. Warden and Manager, Strategic Management Unit (SMU), Parklands Law Campus,
University of Nairobi, November 2005 – to date.
18. 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-
19. Chair of the Examinations Committee, University of Nairobi Law School, October
2005 – February 2009.
20. Member, various Senate & College exams disciplinary committees (since 2004).
21. Member of the School of Law Management Team (since 2004).
22. 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.
23. 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.
24. Acting Dean: diverse dates, April 2004 – January 29, 2009, University of Nairobi Law
School, Nairobi, Kenya.
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25. Appointed External Examiner, Strathmore University, Kenya;
26. Acting Chair, Faculty of Law Examinations Committee – reformed and institutionalised
exam processing;
27. 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).
28. Assistant Lecturer, Faculty of Law teaching, also teaching Communications Law as a service
course at School of Journalism (SOJ) (resumed after JSD) (August 2003).
29. 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.
30. Faculty ICT Committee, and to the Faculty Academic Programmes and Admissions
Committee. (2003-2009).
31. Coordinator or convenor of LLM Programmes in Intellectual Property, and Law Science and
Technology.
32. Supervisor of Master‟s Students doing Master‟s Theses on Intellectual Property,
Constitutionalism, and Information and Communication Technology (ICT).
33. Appointed Assistant Lecturer, University of Nairobi (November 18, 1997- October 30, 2000).
34. 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 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. I also restructured the Examinations and Evaluations Committee, and empowered the
Academic Programmes Committee (APC).
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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
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 on April 24, 2009.
18
iv. Ben Sihanya (2009) “Prof HWO Okoth-Ogendo, July 1, 1944 – April 24, 2009: Tribute
to the Guru of Land Law and Kenyan and African Constitutionalism,” presented at the
funeral and burial services; at www.innovativelawyering.com (this forms a basis for work
on Land Law, Natural Resources Law, 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 I established this Committee that has reviewed and rationalized DSP payments and
related financial transactions in the Law School.
L. PUBLICATIONS
L. (i) Articles in refereed and peer reviewed journals
1. “Rights in performance in Kenya and Africa,” (forthcoming 2012) University of Cape
Town Journal (UCTIPLJ).
2. “Folklore – „copyright‟ made in Kenya and Africa?” (forthcoming 2012) NIALS Journal
of Intellectual Property [NJIP] (Nigeria).
3. “Trade mark law and practice in Kenya,” (forthcoming 2012); NIALS Journal of
Intellectual Property [NJIP]
4. “Character merchandising, endorsement and sponsorship in Kenya and Africa”
(forthcoming 2012); NIALS Journal of Intellectual Property [NJIP].
5. “Animal and plant breeder‟s rights in Kenya and Africa,” (forthcoming 2012) NIALS
Journal of Intellectual Property [NJIP].
6. Prof Peter Wasamba & Prof Ben Sihanya “What do Kenyan artists get for their skill?
Reforming compensation under copyright,” Journal of African Cultural Studies (JACS)
(forthcoming 2012).Prof Wasamba is Associate Professor, Department of Literature and
Associate Dean, Faculty of Arts, University of Nairobi.
7. Sihanya Ben (2012) Author Empowerment through Copyright in Kenya: Open
Scholarship, and Alternative Publishing African Innovation Research and Training (Open
AIR), University of Cape Town, Cape Town; Innovative Lawyering & Sihanya
Mentoring, Nairobi & Siaya.
8. Ben Sihanya (2012) “Digital copyright in Kenya,” Vol 8 2012 No.1 Law Society of
Kenya Journal pp. 119-148.
9. “Copyright law in Kenya,” International Review of Intellectual Property and
Competition Law (IIC), Journal of the Max Planck Institute for Intellectual Property,
19
Competition and Tax Law, Munich, Germany, Vol. 41 No. 8, pp. 926-947 (2010) edited
by Prof William Cornish, Prof Paul Goldstein et al.
10. “Reconstructing the Kenyan Constitution and State, 1963-2010: lessons from German
and American constitutionalism,” Law Society of Kenya Journal Vol. 6 No. 1, pp. 1-35
(released 18.8.2010)
11. “Intellectual Property and Technology Transfer Administration in Kenyan Universities”
(forthcoming 2011) Moi University Law Journal; Innovative Lawyering & Sihanya
Mentoring Working Paper Series
12. “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
13. “Kikoy and the commercial exploitation of geographical indications and traditional
knowledge in Kenya,” Intellectual Property Index, 2009, Washington D.C., USA (in
press, 2009)
14. “Intellectual property and mentoring for innovation and industrialization in Kenya,” Law
Society of Kenya Journal, Vol. 5, 2009 No. 1, pp. 29-57, eds: Prof Albert Mumma, Dr
Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al, Editor-in-Chief: George O. Otieno
Ochich
15. “Intellectual property for innovation and industrialisation in Kenya,” Convergence, Vol 4.
No. 2. October 2008, pp. 185-213, Journal of the International Bar Association, London
16. “Intellectual property, quality assurance and ISO in Kenyan universities,” Law Society of
Kenya Journal, Vol. 4 2008 No. 1, pp. 35-65, eds: Prof Albert Mumma, Dr Ekuru Aukot,
Mumbi Ngugi, Betty Nyabuto, et al. Editor-in-Chief: George O. Otieno Ochich
17. “Patent law and practice in Kenya,” International Review of Intellectual Property and
Competition Law, Volume 38, 6/2007, pg 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.
18. “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), pp. 38-58
19. “Copyright law, teaching and research in Kenya,” revised article submitted to the East
African Law Journal, Vol. 2, 2005 (published 2006) (SOJ/EALJ/123/06) (refereed).
20
Advisory Board: Prof H.W.O. Okoth-Ogendo, Prof Patricia Kameri-Mbote, Justice Prof
J.B. Ojwang.
20. “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, pp. 41-58.
21. “Regulating education and training in Kenya,” Setting Standards: Education for All EFA
News A Newsletter Journal of UNESCO Nairobi Office 2004 Issue VI, p. 10; also
translated into French at p.11
22. “Imitative innovation in the age of bling in Kenya: the case of hip hop music,”
(forthcoming) University of Nairobi Law Journal
23. “The Constitution and intellectual property” Katiba Notes, 2002 Volume 1, Issue 2 pp. 1- 8
[Institute of Economic Affairs (IEA)].
24. “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)
25. “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)
26. 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
27. “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
28. “Kenya‟s pyrethrum export under pressure” Biotechnology and Development, Monitor, The
Netherlands, p. 11 (1992?)
29. “The animal rights movement and the quest for environmental management,” University of
Nairobi Law Journal No 1, 1991.
L. (ii) Book chapters
1. Sihanya, Ben (2011) “Security regulation and administration in Kenya,” for Society for
International Development (SID) Eastern & Central Africa, Nairobi (ongoing)
21
2. 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).
3. 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.
4. Sihanya, Ben (2009) “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.
5. Sihanya, Ben (2009) “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.
6. Sihanya, Ben (2009) “The Contribution of Academia and Civil Society in Development
Policy Making & Budgetary Process,” in Peter Wanyande & M.A. Okebe (eds) Discourses
on Civil Society in Kenya, African Research and Resource Forum (ARRF), Nairobi, Section
I, Chapter V, pp. 40-64.
7. Sihanya, Ben (2008) “The IMF and policy making in Kenya,” in Ben Sihanya (ed) The
Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid
International Kenya, Nairobi, Part III, pp. 45-64.
8. Sihanya, Ben (2008) “How IMF policies constrain policy space in Kenya‟s health sector,” in
Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and Women’s Rights in
Kenya, Action Aid International Kenya, Nairobi, Part IV, pp. 65-95.
9. Sihanya, Ben (2008) “How IMF policies constrain policy space in Kenya‟s education sector,”
in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and Women’s Rights
in Kenya, Action Aid International Kenya, Nairobi, Part V, pp. 95-122.
10. 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.
22
11. “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).
12. “Reforming the Kenyan Judiciary, 1998-2003,” in B. Sihanya & P. Kichana (eds) Judicial
Reform in Kenya, 1998-2003 ICJ, Nairobi (2004).
13. “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.
14. “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
15. “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
16. 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 edited
1. 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.
2. Sihanya, Ben (ed) (2008) The Impact of IMF Policies on Education, Health and Women’s
Rights in Kenya, Action Aid International Kenya, Nairobi.
3. Priscilla Kanyua, Philip Kichana & Ben Sihanya (eds) (2004) Constitutional Cases Digest
Kenyan Section the International Commission of Jurists (ICJ), Nairobi.
4. Judicial Reform in Kenya, 1998-2003, Kenyan Section of the International Commission of
Jurists (ICJ), Nairobi (April 2004)
5. Combating Corruption in Kenya CLARION, Claripress, Nairobi, published, 2005
(includes articles by University of Nairobi lecturers Dr Ludeki Chweya; Mr S. Kichamu
Akivaga...).
23
6. Dr Adams Oloo & Prof Ben Sihanya (eds) The Kenyan Electoral Law and Process
(forthcoming)
L. (iv) Books and monographs (See also Work in Progress: Professorial Research Agenda)
1. Sihanya, Ben (2011) “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.
2. Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political
Economy of Transnational Intellectual Property (due 2011); doctoral dissertation, Stanford
Law School (being converted into a book).
3. Intellectual Property and Innovation in Kenya and Africa: Transferring Technology for
Sustainable Development (being edited, due 2011)
4. 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)
5. 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 at Jomo Kenyatta University of Agriculture and Technology (JKUAT)
and Kenyatta University (KU), by Prof Henry Bwisa and Prof. G. Msangi, respectively,
among others
6. Sihanya, Ben (ed) (2008) The Impact of IMF Policies on Education, Health and Women’s
Rights in Kenya, Action Aid International Kenya, Nairobi
7. Sihanya, Ben (2008) Evaluation of the Automation of the Kenya Industrial Property Office:
Impact, Challenges and Opportunities, World Intellectual Property Organisation (WIPO),
Geneva.
8. Vicky Kattambo & Ben Sihanya Social Security Law in Kenya Monograph in Kluwer Law
International‟s International Encyclopaedia of Laws, Kluwer, The Hague (Jan. 1999).
9. 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 .
24
10. 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 .
11. Protecting Refugee Rights in Kenya International Commission of Jurists (Kenya Section)
(1998).
12. 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).
13. Draft Model Competition Law for Africa Prepared for Consumers International Regional
Office for Africa (CI-ROAF), Harare, Zimbabwe (1997).
14. 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)
15. Promoting and protecting technology in Kenya Rapporteur‟s Report for NCST seminar on
the Industrial Property Act, 1989 (December 1989).
16. 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).
17. 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.
18. 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.
19. 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.
20. 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.
25
L. (v) Articles in peer reviewed magazines, newsletters and newspapers
1. Ben Sihanya (2012) “Equitably compensate education and health workers,” at
http://www.innovativelawyering.com/blogs (accessed 18/9/2012).
2. Ben Sihanya (2012) “Regulate breast milk substitutes equitably,” at
http://www.innovativelawyering.com/blogs (accessed 18/9/2012).
3. Prof Ben Sihanya (2012) “Constitution and Rome Statute on qualification for election as
president,” Sunday Standard (Nairobi) January 22, 2012.
4. Prof Ben Sihanya (2011) “Confronting Cyber crime in Kenya,” Daily Nation (Nairobi)
April 8, 2011.
5. Prof Ben Sihanya (2011) “Unlike in the past, policy making an integral part of the new
Constitution,” Daily Nation (Nairobi) March 25, 2011.
6. Prof Ben Sihanya, (2011) “Evolving nature of Presidency and what we should expect in the
future,” Daily Nation (Nairobi) March 8, 2011.
7. Prof Ben Sihanya (2011) “Consultation between the President and Prime Minister in
Kenya,” The Standard (Nairobi) February 27, 2011.
8. Dr Ben Sihanya (2010) “Implementing the Constitution of Kenya 2010,” published as “We
must facilitate new law,” The People Daily (Nairobi) September 11, 2010, at 6.
9. Dr Ben Sihanya (2010) “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).
10. Dr Ben Sihanya and Dr George Odera Outa (2009) “US ban justified under changing
diplomacy trend” Sunday Review, Sunday Nation Newspaper, November 1, 2009, p. 26.
11. “Is there political will towards achieving agenda four…?” Adili Magazine, Transparency
International, March 2009.
12. “Kikoi and the commercial exploitation of geographical indications and traditional
knowledge in Kenya,” Law Society of Kenya (LSK) Magazine, The Advocate
26
13. “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, pp. 6-
8.
14. “The [Kenya] Communications bill and the media,” Economic Review (Nairobi) May 12-18,
1997, pp. 16-17.
15. “Lecturers await pay boom – or gloom, “Opinion: University Crisis: Daily Nation (Nairobi),
Friday, February 20, 2004, at 9.
16. “Lecturers‟ strike: the options available,” Opinion: Higher Education: Daily Nation
(Nairobi), Thursday, January 16, 2004, at 9.
17. “Saitoti‟s Forum has no legal mandate,” Opinion: Lecturers‟ Strike: Daily Nation (Nairobi),
Thursday, January 8, 2004, at 9.
18. “How best should govt repossess public land?” Opinion: Demolished Hopes, solicited report
for Daily Nation (Nairobi), Tuesday, Dec 23, 2003, at 9.
19. “Patent wars raging over Aids cure,” Opinion: Pandemic, Daily Nation (Nairobi),
Wednesday, Dec 17, 2003, at 9.
20. “Legal points ignored in lecturers‟ strike,” Opinion: Trade Dispute, Daily Nation (Nairobi),
Tuesday Dec 9, 2003, at 9.
21. “How to curtail the brain drain affecting Kenyan universities,” News Analysis, solicited
report for Sunday Nation (Nairobi), Nov 16, 2003, at 6-7.
22. “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 Kenya Jurist, Journal of the ICJ (Kenya Chapter) Vol. 1, No. 3, June,
pp. 22-25.
23. “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.
24. “Environmental concern grips world community” Daily Nation (Nairobi) December 12,
1992.
25. “For the people by the people,” article on development, Weekend Mail (Nairobi) October 9,
1992.
27
26. 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).
27. “A boost for local research,” Industrial Review (Nairobi) (January 1990).
28. “Industrial Property Law: sweet relief,” Industrial Review (Nairobi) (January 1990).
29. “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‟s Concepts of Jurisprudence, Nairobi
University Press, 1990, in The Advocate Journal of the Law Society of Kenya, Vol. 2, No. 4,
p. 11 (June 1993).
2. Review of Biotechnology and Farmers’ Rights: Opportunities and Threats for Small Scale
Farmers in Developing Countries by Hans Brouwer, Eric Stokhof and Joske F.G. Bunders
(eds.), VU University Press, Amsterdam, 1992, in EcoNews Africa, Circular on Environment
and Development (Nairobi) Vol.2 No. 8 May 13, 1993.
3. B.M. Sihanya with H. Owino-Opondo (1992) “Odinga‟s double view of Kenyatta,” review of
Prof. H. Odera Oruka‟s Oginga Odinga: His Philosophy and Beliefs in Weekend Mail
(Nairobi), August 21, p. 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.
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.
M. DISCUSSION PAPERS, CONFERENCE PAPERS AND RELATED RESEARCHES
(INCLUDING REPORTS)
1. Ben Sihanya (2012) “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.
28
2. Ben Sihanya (2012) “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
3. Ben Sihanya (2012) “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
4. Ben Sihanya (2012) “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.
5. Sihanya, Ben (2012) “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.
6. Sihanya, Ben (2012) “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.
7. Sihanya, Ben (2012) “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 Conference
Centre (KICC), Nairobi, March 12-13, 2012.
8. Sihanya, Ben (2012) “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.
9. Sihanya, Ben (2012) “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.
10. Sihanya, Ben (2012) “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
29
11. Sihanya, Ben (2012) “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.
12. Sihanya, Ben (2011) “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.
13. Sihanya, Ben (2011) “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 .
14. Sihanya, Ben (2011) “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.
15. Sihanya, Ben (2011) “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.
16. Sihanya, Ben (2011) “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.
17. Sihanya, Ben (2010) “Exploring Cybercriminality and Security in Kenya and Africa
Inventory and Research Priorities,” presentation of research findings to International
Development Research Centre (IDRC), Dakar, Senegal.
18. Sihanya, Ben (2010) “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.
19. Sihanya, Ben (2010) “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.
20. Sihanya, Ben (2010) “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
30
collaboration with the United Nations Development Programme (UNDP) at the Naivasha
Simba Lodge on February 15, 2010.
21. Sihanya, Ben (2010) “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.
22. “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,
October 22, 2009, on file at Innovative Lawyering Nairobi; Sihanya Mentoring, Siaya and
at www.innovativelawyering.com.
23. “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.
24. “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.
25. “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.
26. “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.
27. “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.
28. “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.
29. 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.
30. “Business modernization of IP institutions in Kenya and Africa: use of information
technology in IP management,” presentation at the Inter-regional forum on Development
31
and Service oriented IP administration held at the World Intellectual Property Organisation
(WIPO) headquarters in Geneva, July 1-2nd
, 2008.
31. 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)
32. “Democratizing the electoral process,” Presentation at the Law Society of Kenya
Conference, 27th
-30th
August 2008, Leisure Lodge Resort, Mombasa.
33. “Copyright for non-fiction authors” A presentation for the Kenya Non-Fiction Authors
Association (KENFAA), January 26, 2008, Kenya National Theatre, Nairobi.
34. “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.
35. “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.
36. “Intellectual property in business and development in Kenya,” presentation at workshop
on Anti-Counterfeiting and Intellectual Property Strategies in Kenya, September 19–20,
2006.
37. “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.
38. “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.
39. “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.
40. “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.
32
41. Dr 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).
42. “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.
43. “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.
44. 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.
45. “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,” Working paper presented at the Kenya Law Reform Commission Strategic
Planning Workshop, Whitesands, Mombasa, January 29-30, 2004.
46. “Open sources and access to software and cyberspace in Kenya,” Paper presented at the
Stanford-UC Berkeley (April 2001) Conference on Democratization in Africa.
47. “Copyright‟s fortunes: brought from Britain, copied for Kenya,” Coursework essay under
Prof. Paul Goldstein; obtained distinction; work in progress (2001; 2010).
48. “Intellectual property confronts counterfeiting in Africa: protecting innovators and
consumers in the cybersociety,” Presentation at International Association of Consumer Law
(IACL) Conference, Helsinki (May 1999).
49. “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.
50. “ICT regulation in Kenya: a personal testament” (forthcoming), contribution to the IDRC-
coordinated book on ICT development in Kenya: history and personal experiences.
33
51. 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).
52. 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.
53. 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)
54. “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.
55. “Integrating technology transfer under TRIPs for Africa‟s development,” study for African
Technology Policy Studies (ATPS) network (Oct. 2001).
56. “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).
57. “Innovation, technology transfer and IP: the missing link in Constitution making in
Kenya,” Speech at the Rotary Club of Milimani (Nairobi) lunch (September 2001).
58. “Making TRIPs work for Kenya‟s development,” Speech at the Institute of Economic
Affairs (IEA) public forum, Nairobi (August 15th
, 2001).
59. “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).
60. “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.
61. “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).
62. 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
34
(November-December 1999). (Published as a special issue of the Government of Kenya‟s
Gazette)
63. 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)
64. The Copyright Bill, 1999: Some Comments and Proposals Solicited comments to the
Office of the Attorney General, Nairobi (November 1999).
65. “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).
66. “Developing IT law in Kenya: intellectual property perspectives,” Paper presented at the
Institute of Nuclear Science Workshop on IT, Nairobi, August 17, 1999.
67. Regulating Internet Services in Tanzania Consultancy report for Tanzania
Communications Commission, Dar es Salaam (Jan. 1999).
68. Regulating Payphone Services in Tanzania Consultancy report for Tanzania
Communications Commission, Dar es Salaam (Jan. 1999).
69. 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).
70. “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).
71. “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).
72. “Intellectual property in Kenya: perspectives on Internet and software innovations,”
Consultancy report for Telecom Forum Africa Ltd. (TFA), Nairobi and the Netherlands
(1997).
73. “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).
74. B. Sihanya & L. Mute (1997) Community Broadcasting in Kenya: Policy and Strategic
Considerations Consultancy Report for the Kenya Community Media Network
(KCOMNET), Nairobi, April.
35
75. B. Sihanya & L. Mute (1997) Draft Community Broadcasting Bill Draft Sample Bill for
KCOMNET, Nairobi, April.
76. L. Mute & B. Sihanya (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).
77. “The Draft Telecoms Act, 1996: Critical issues in regulatory policy,” Consultancy report
for Africa Online, Inc., Boston (US) and Nairobi (Oct. 1996).
78. “Efficient regulation of the Internet in Kenya,” Consultancy report for Africa Online,
Nairobi and Boston, US (June 1996).
79. “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.
80. “Pornography in the Internet: addressing regulatory dilemmas in Kenya,” Consultancy
report for Africa Online Inc., Boston (US) and Nairobi (May 1996)
81. “Africa Online, KP&TC and Internet regulation in Kenya,” Consultancy report for Africa
Online, Inc., Boston, US and Nairobi. (April 1996).
82. “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).
83. “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.
84. “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.
85. “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).
86. “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.
36
87. “Publishing agreements and copyright law,” Seminar presentation to African Centre for
Technology Studies (ACTS)/Initiatives Limited Staff (October, 1990)
88. “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.
89. “Environmental ethics,” Policy Outlook Paper for the African Centre for Technology
Studies (ACTS) (October 1990).
N. ACADEMIC PRESENTATIONS AND PROFESSIONAL TRAINING CONDUCTED
1. 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.
2. Presentation to students of Diploma in Communication on Copyright challenges and
prospects for authors in Kenya, St. Paul‟s University, Nairobi, November 8, 2011.
3. Trained on African regional experiences on Trade Related Aspects of Intellectual Property
(TRIPs), University of Swaziland, Trade Policy Training Programme, July 19-21, 2011
4. 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
5. 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.
6. Taught African regional experiences on Trade Related Aspects of Intellectual Property
(TRIPs), University of Swaziland, Trade Policy Training Programme, November 15-17,
2010.
7. 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.
8. “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;
37
abstract available at www.innovativelawyering.com & Sihanya Mentoring, Nairobi &
Siaya, Kenya.
9. 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.
10. Taught African regional experiences on Trade Related Aspects of Intellectual Property
(TRIPs), University of Swaziland, Trade Policy Training Programme, July 16-17, 2009.
11. Taught Comparative Constitutional Law under the Nairobi International Law Institute (of
the University of Nairobi and Widener University, USA), June – July 2009.
12. 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.
13. 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.
14. “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.
15. “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.
16. “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.
17. “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.
18. “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.
19. “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.
38
20. 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.
21. “Democratizing the Kenyan electoral process,” Presentation at the Law Society of Kenya
Annual Conference, Mombasa, 27-30 August, 2008.
22. “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.
23. “Copyright for non-fiction authors,” a presentation for the Kenya Non-Fiction Authors
Association (KENFAA), January 26, 2008.
24. “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.
25. “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.
26. 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).
27. “Copyright and related rights and its 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.
28. “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.
29. “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.
30. 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.
39
31. 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.
32. “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.
33. 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.
34. “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.
35. Intellectual property in society and in the market place: training of members of (University
Law School) Students for Free Enterprise (SIFE), April 28, 2005.
36. “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).
37. “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.
38. “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.
39. “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. 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).
2. Final Draft Basic Education Bill 2012 finalised and tabled in the Cabinet meeting, August
12, 2012.
40
3. National Cohesion and Integration Commission, [Re]Drafting proposals for inclusion in the
Draft Basic Education Bill, 2012.
4. National Cohesion and Integration Commission, [Re]Drafting proposals for inclusion in the
Policy Framework for Education and Training, July 2012.
5. 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).
6. 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).
7. 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.
8. Chairman, Drafting Committee of the Task Force on the Re-alignment of the Education
Sector to the New Constitution (2011)
9. 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.
10. 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.
11. Copyright law reform and enforcement (Attorney-General‟s Office), 1999-
12. 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.
13. 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.
14. 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
41
by the Minister of Education, Science and Technology); Report: Harmonization of the Legal
Framework on Education, Training and Research.
15. 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.
16. 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.
17. 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.
18. Drafting amendments to the Copyright Act, 2001, in the Legal Affairs Committee of the
Kenya Copyright Board to which I belong.
19. 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.
20. 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.
21. Human rights training of Senior Government officials – a project of the Kenya National
Commission on Human Rights (KNCHR), January 2005-2006(?).
22. Ministry of Education Science and Technology, Workshop on Validation of the Report of
the National Education Conference Report of November 2003 (2004).
23. 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.
24. 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.
25. 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 the Legal and Justice Sector Generally, to Facilitate Access to
42
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.
26. Kenya Copyright Board – member, as an expert from 2003-; co-drafted Copyright
Regulations, 2003
27. 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.
28. Constitution of Kenya Review Commission (CKRC) (integrating innovation, technology,
and intellectual property into Kenyan constitutionalism), 2002.
29. Drafted National Economic and Social Council Bill, 2003 (drafted for Government of
Kenya/UNDP), 2003(?).
30. Co-drafted Draft Media Bill on behalf of stakeholders, 1997/8, for the Task Force on Media
Law, appointed by the A-G.
31. 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).
32. Co-drafted Industrial Property Bill (National Council for Science and Technology (NCST)),
1989.
33. Drafted Y2K policy; Y2K Legal Guidelines (National Y2K Committee) (1999).
P. INTERNATIONAL, INTER GOVERNMENTAL, CORPORATE AND OTHER
CONSULTANCIES (1989–)
1. 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). (Month, yr)
2. Sihanya, Ben (2011) “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.
3. Sihanya, Ben (2011 to date) 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.
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4. “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.
5. “Survey on Intellectual Property Rights and Anti-counterfeiting in Kenya,” Insighting
Ideas, Inc., California, USA, September 16, 2009-(2010).
6. “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 (ongoing)
7. “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-
8. 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 Capetown South Africa, Saturday,
31.7.2010).
9. “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.
10. 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.
11. “Exploring cybercrime and security in Kenya: Status and research priorities”
International Development Research Centre (IDRC), Dakar, Senegal, August 20, 2009-
November 10, 2009.
12. 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
13. 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).
14. Appraisal of Agenda 4 as a Way Forward Toward Achieving Accountability and Good
Governance in Kenya, Transparency International - Kenya, February 1 – 28, 2009
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15. “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.
16. 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.
17. Monitoring an eTraining Course on Introduction to the WTO for government officials
from developing countries, World Trade Organization (WTO), Geneva,, 2006-2007.
18. Report on establishing a peer review mechanism for the Institute of Certified Secretaries
(ICPSK), ICPSK, Nairobi, September 2007; February 2009.
19. Review of the Nairobi Metro 2030 Strategy, Kenya Institute for Public Policy Research
and Analysis (KIPPRA), October 2008.
20. 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.
21. Entrenchment of the Pan Africa Christian University (PACU) Charter, PACU, Nairobi,
May 2008.
Q. WORK IN PROGRESS: PROFESSORIAL RESEARCH AGENDA, 2006-2012
My Professorial Research agenda (2006-2012) 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 is organised thematically:
1. Intellectual Property, Innovation and Transfer of Technology (ToT) in Kenya and
Africa
- IP and ToT Administration and Regulation in Kenyan universities and research and
development (R & D) institutions.
- “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.”
- Intellectual Property and Innovation in Kenya Africa: Transferring Technology for
Sustainable Development (draft book; forthcoming).
- Constructing Copyright and Creativity in Kenya: Cultural Politics and the Political Economy
of Transnational Intellectual Property; doctoral dissertation, Stanford Law School
(forthcoming).
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- Copyright law and the cultural industries in Kenya, 1895-2003: political economy and
construction of intellectual property (forthcoming).
- 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).
- Consumer Law in Kenya and Africa (forthcoming).
- Copyright Cases in Kenya, Ben Sihanya and Marisella Ouma, (forthcoming book).
- Trade Mark Cases in Kenya, Ben Sihanya, Marisella Ouma (forthcoming book)
- Copyright law and the cultural industries in Kenya, 1895-2010 : political economy and the
construction of intellectual property (forthcoming)
- 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).
2. Kenyan Cultural Politics and Intellectual History
- Cultural Politics and Intellectual History in Kenya
3. Kenyan and Comparative Constitutionalism – including Political Economy
- Presidency and the Administrative Bureaucracy in Kenya (forthcoming book, 2012).
- “Raila Odinga: Constitutional engineering for the Second Republic in Kenya”
- “Kenyatta, Moi and Kibaki and the dynamics of the Kenyan presidential Constitution and
administration in Kenya.”
- “Kenya 2012: like Ghana or Zimbabwe? The promise of an Obama doctrine”
- “Reforming Kenyan security: policies, laws, institutions, administration and diversity in
personnel”
- Constitutional Process in Kenya: Law, Politics and Methodology (forthcoming book).
- Constitutionalising cultural expression, innovation and copyright in Kenya (forthcoming
book).
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- Constitutionalising innovation, technology and intellectual property in Kenya: copyright,
trade mark and patents (forthcoming book).
- Regulating CSOs and NGOs in Kenya (forthcoming book).
- “Presidential political power play in Kenya: the quest for legality, validity, and legitimacy in
Kenya‟s constitutional review, 1963-2007” (or presidential v. judicial and party politics in
constitutional review), already presented at two ICJ workshops, and at University of
Nairobi Law School staff lunch, 2004, and used in teaching (forthcoming monograph).
4. Education, Training, Research and Mentoring Law in Kenya
- “Dean Law: the administrator, the mentor and the public intellectual”
- “Regulating legal education and training in Kenya: levels, institutions, and accreditation
process (admissions, teaching, exams, student and staff welfare)”
- “IP and quality assurance in Kenyan universities: revisited”
- Education, Training and Research Law in Kenya (forthcoming).
- Education, Training and Research Law in Kenya: cases and materials (forthcoming).
- Cultural Politics and Intellectual History (forthcoming).
5. Information and Communications Technology Law in Kenya
- “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
R. MEDIA APPEARANCES (see also L(v) above:Articles in peer reviewed magazines)
1. 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.
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2. Interview with Kiss FM on Security in universities and related education institutions.
United States International University student kidnapped & killed. (July 2012)
3. Nation/NTVKenya interview – “Kibaki, Mudavadi US Trip fuels speculation,” Sunday
Nation (Nairobi), September 16, 2012 by John Ngirachu at ; quoted in the story.
4. Nation/NTVKenya – “Legal experts differ over suspensions [of two cabinet ministers by
the Prime Minister,]” Monday, February 15, 2011(quoted)
5. Nation/NTVKenya – “ODM wants Annan back,” Monday, February 15 2010 (quoted)
6. Nation/NTVKenya – “Kenya gay demand recognition” by Lucas Barasa and Joy Wanja
Tuesday, May 18, 2010 (quoted)
7. Nation/NTVKenya – “Campaigns now shift from Draft to Succession Politics,” Saturday,
June 26, 2010 by Fred Oluoch (quoted)
8. Nation/NTVKenya – “Parallel degrees faulted at meeting,” Friday, July 6, 2012 by David
Aduda (quoted)
9. Nation/NTVKenya – “Debate over PM‟s power to suspend officials [Ministers]” Sunday,
February 14, 2010 by Walter Menya (quoted)
10. Nation/NTVKenya - Sihanya & Odera: “US ban justified under changing diplomacy
trend,” Saturday, October 31, 2009 by Ben Sihanya & Outa Odera (article; quoted)
11. Nation/NTVKenya – “Obama praises Kenya‟s civil society,” Saturday, July
11, 2009 by Daniel Wesangula & Muchemi Wachira (quoted)
12. Nation/NTVKenya – “Alarm as 15,000 children lured into prostitution,” Saturday, May
23, 2009 by Daniel Wesangula(quoted)
13. Nation/NTVKenya – “Options for immortalising our two departed scholars,” Friday,
May 15, 2009 by Cabral Pinto (quoted)
14. Nation/NTVKenya – “Ogendo was an unrelenting champion of Land Reform,” Friday,
May 8, 2009 by Peter Mwaura (quoted)
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15. Nation/NTVKenya – “Leading law scholar [Prof Okoth-Ogendo] dies in Ethiopian
Hospital,” Saturday, April 25, 2009 by Dave Opiyo (quoted)
16. Nation/NTVKenya – “Leading Kenya law scholar [Prof Okoth-Ogendo] dead,” Saturday,
April 25, 2009 (quoted)
17. Nation/NTVKenya – “Ministries‟ turf battles hurting nurses,” Saturday, March
28, 2009 by Daniel Wesangula (quoted)
18. Nation/NTVKenya – “Book set to spark fresh debate on impact of aid,” Thursday,
February 19, 2009 by Ken Opala (quoted)
19. Nation/NTVKenya – “Disgraced judge goes for top ECK job”, Wednesday, February
11, 2009 by David Mugonyi (quoted)
20. Nation/NTVKenya – “MPs to table list of Law Review Experts,” Monday, February
2, 2009 by Oliver Mathenge and Bernard Namunane (quoted)
21. Nation/NTVKenya “Brain gain, watering Africa‟s desert,” Wednesday, September
24, 2008 by Kenneth Ogosia (quoted)
22. Nation/NTVKenya – “Lawyers want minimum Reforms,” Wednesday, September
3, 2008 by Lucas Barasa & Nazish Dholakia (quoted)
23. Standard – “Year of Decision,” Sunday, Jan 1, 2012 (quoted)
24. 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.
25. 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.
26. November 27, 2008 interview by Citizen TV on the introduction of stringent rules on
political parties under the Political Parties Act.
27. November 20, 2008 interview by KISS FM on political party organs and the political
party structure esp. on the revival of the ODM Pentagon.
28. October 3, 2008 interview by Classic FM on the Kenya National Union of Teachers
(KNUT) strike.
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29. September 15-21, 2008, The EastAfrican, quoted in “Power sharing bad for Africa, says
Kriegler” by Fred Oluoch, p.3.
30. September 13, 2008, National Public Radio (NPR) Constitutional review – Gwen
Thompkins –“ Kenya Struggles to Create New Constitution.”
31. September 2, 2008, British Broadcasting Corporation (BBC), Interview on “Power
sharing in Africa and the Zimbabwe situation,” 8.00-10.00 pm.
32. August 29,2008, Classic FM, interview on Constitutional Reform in Kenya.
33. February 16, 2008, The Standard quoted in “Diplomatic rows blow to economy, experts
warn,” by Oliver Mathenge.
34. Live interview on Intellectual Property Law, Citizen TV, Big Breakfast show, February
2008; Jimmy Gathu.
35. February 1, 2008, McLatchy Newspapers, “How Kenya‟s Elections were Rigged” by
Shashank Benglali, available at www.mclatchynewspapers.com (analytical interview).
36. South Africa Broadcasting Corporation (SABC), interview on “the Post –election
political crisis in Kenya” on January, 2008 at University of Nairobi, Parklands Law
Campus.
37. Interview on “election and transition 2007: Women and Kenyan elections governance”
(KBC TV, Sunday December 2, 2007).
38. BBC – “Satire in African Politics: Nigeria, Kenya, Zimbabwe, 2007.”
39. UASU strike – 2006 – featured in Nation Newspapers and NTV- Court Appearance.
40. 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).
41. Interviewed by NTV (Nation TV) on electoral politics, political wrangles in relation to
the 2007 elections in Kenya (May 23, 2005).
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42. “Impact of US elections on Kenya and Africa,” Nation TV, November 2, 2004.
43. “Copyright law and enforcement,” KBC TV, Saturday April 17, 2004.
44. “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.
45. Consumer protection discussion with Director of Kenya Consumer Organisation (KCO)
(1996) – Kenya Broadcasting Corporation (KBC) TV.
S. PUBLIC INTELLECTUAL, INTEREST LAWYERING AND ADVOCACY
1. 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
2. April 2005-: Gave expert opinion to court in the case of R. v. Joseph Munga on copyright
infringement by digitization, through Mr Kyalo Mbobu, Advocate. The accused was
acquitted. Kaplan & Stratton Advocates advised the prosecution.
3. July/August 2004-: Litigated Gumbe & Mumbi Ng’aru (LDP) v. President Kibaki, Ngilu
(DP, NARC…) regarding the management of the ruling NARC coalition; suing the Chair of
the coalition (who is a sitting President) ….Before Nyamu J.
4. February 2004: Consulted for National Rainbow Coalition (NARC), Kenya‟s ruling
coalition, on coalition building and constitutional process (Nanyuki II).
5. 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.
6. Consulted for African Population Health and Research Centre (APHRC) on intellectual
property law, contract and labour matters.
7. Lead lawyer for the Universities Academic Staff Union (UASU) (2003-). I did the following,
among others:
i. Co-developed the negotiating and litigation strategy for UASU.
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ii. 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.
iii. Acted as legal advisor to the UASU team in negotiating the Recognition Agreement.
iv. Served as Chair of the National UASU Constitution Review Committee.
v. Panelist at the UASU team discussion - “Proposed National Constitution: Gains and
Losses,” Public Debate on Proposed Draft Constitution, invitation by Universities
Academic Staff Union, (UASU) (University of Nairobi), Friday, September 23, 2005.
8. Public Law Institute, a public interest litigation and human rights NGO. Programme Officer,
1993-1998:
9. 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.
10. As the Legal Officer, Public Law Institute (PLI), Mombasa my tasks included:
i. Administrative tasks related to management of the office – as a field administrator of
the Mombasa Legal Aid Scheme for the underrepresented and unrepresented;
ii. Training of pupil and court clerk;
iii. Administered a Paralegal Training Programme in Kwale District (Mwaluphamba and
Mkongani Locations);
iv. Provided legal advice, aid, assistance and intervention in about 350 files and matters;
v. Provided legal advice to about 600 other applicants whose matters did not merit
opening of files;
vi. 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 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.
Conducted public interest cases, including:
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a. 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 Kon Dertu
Ranching Company Limited and the land rights of the indigenous Pokomo and Orma. An
injunction was obtained restraining the Defendants from alienating the suit land and
causing environmental degradation in the suit land.
b. Mkilo Village Welfare Group, Hamisi Nzao Benzao and Iddi Hamisi Mbovu v. Kwale
County Council and 4 Others High Court Civil Case No. 711 of 1993 (Mombasa)
regarding the degradation of the environment caused by the 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.
An injunction was granted restraining the Defendants from alienating the land; evicting
the Plaintiffs; and restraining the operation of the abattoir.
c. 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.
d. 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).
e. 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 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)
T. MENTORING PROGRAMME: INNOVATIVE LAWYERING & SIHANYA
MENTORING
History of the mentoring project
Since 1997, I have been recruiting students from the University of Nairobi Law School 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.
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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
Dr Ben Sihanya and Jaki Wasike-Sihanya.
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 modeling 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.
Pilot Projects in mentoring
Pilot projects in this national programme include:
1. Nyasita Primary School – since 2008
2. Kalkada Mixed Secondary School Siaya – since 2008
3. 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
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)
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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.
U. HONOURS AND AWARDS
1. Appointed as Intellectual Property Law Champion in the University of Nairobi‟s College of
Humanities and Social Sciences (CHSS), 2010.
2. Selected as one of the Top 100 Educators, 2009, published by the International Biographical
Centre (IBC), Cambridge, England, July 2009.
3. Selected as one of the 2000 Outstanding Intellectuals of the 21st Century, 2009/2010,
published by the International Biographical Centre (IBC), Cambridge, England.
4. Profiled in the Who’s Who in the World, 26th
edition, 2009, Marquis Who‟s Who, New
Jersey, USA.
5. 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.
6. 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).
7. Citation for outstanding commitment to the betterment of the Law Society of Kenya (LSK)
(March 19, 2005).
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8. 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.
9. Best Lecturer – voted by Kenya Law Students Society (KLSS), University of Nairobi Law
School, July 2, 2004
10. Fulbright Scholar: 2000-2003 (Stanford); doctoral studies in copyright and cultural
creativity.
11. Gerald J. Lieberman Fellowship for excellence in research and teaching, 2000-2001 (at
Stanford Law School).
12. Overseas Development Association Shared Scholarship Scheme (ODASSS) (1994/5)
13. Warwick University Scholarship to study for LLM (1994/5).
V. FELLOWSHIPS AND MEMBERSHIPS
1. Law Society of Kenya - Civic Education Committee 2010
2. African Research and Resources Forum (ARRF),- Associate Fellow (2010-)
3. Law Society of Kenya - Constitutional Review Committee (2009-2010)
4. Maseno (School) Old Boys Association – Member (2006-)
5. Stanford Alumni Association (2003-)
6. Law Society of Kenya – Advocate and member (1993- )
7. African Studies Association (ASA), USA (2001-)
8. Kenya Industrial Property Institute (KIPI) – Patent Attorney (Intellectual Property
Advocate)
9. Institute of Certified Public Secretaries of Kenya (ICPSK) – CPS (K) and life member No.
71 (1996-); member of the Research and Development Committee
10. Institute of Economic Affairs (IEA), Kenya
11. International Association of Consumer Law (IACL); forum of consumer law teachers and
researchers (HQs in Canada; Board Member for Africa (1999-)
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12. Kenyan Section of the International Commission of Jurists (ICJ) – member, and co-editor,
Judiciary Watch Programme (1990-)
13. Women and Law in East Africa (WLEA) – Research Associate (1999-2003)
W. COMPUTER AND INTERNET SKILLS
Word processing, Internet research, power-point, e-mail use, etc.
X. LANGUAGE PROFICIENCY (SPOKEN AND WRITTEN)
English – Excellent
Kiswahili – Excellent
Dholuo – Excellent (Native speaker)
Y. TAUGHT, RESEARCHED, PRESENTED AND STUDIED IN AT LEAST 18
COUNTRIES
1. Africa: Kenya (all provinces), Tanzania, Uganda, South Africa, Ghana, Swaziland,
Namibia, Zimbabwe, Egypt, Seychelles, Nigeria.
2. Europe: Switzerland, United Kingdom (UK), Sweden, Belgium, Finland.
3. North America: USA (Washington, DC, California, Maryland, Massachusetts…).
4. South America: Chile.
Prof Ben Sihanya, JSD (Stanford)
Cell: +254-722897825, +737897825
email: [email protected]; [email protected];
[email protected]; [email protected];
url: www.innovativelawyering.com