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PROF BEN SIHANYA

CURRICULUM VITAE

1989 to Thursday, June 27, 2019

Prof Ben Sihanya, JSD & JSM (Stanford), LLM (Warwick), LLB (Nairobi), PGD Law (KSL) IP and Constitutional Professor, Mentor & Public Interest Advocate Constitutional Democracy, ©, TM, IP, ICT, Education Law & Public Interest Lawyering University of Nairobi Law School & Scholar, Public Intellectual & Poet Sihanya Mentoring & Innovative Lawyering

Research Interests

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

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

and Africa

Objective

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

Intellectual Property, Industrialisation, and Integration for sustainable development in Kenya and

Africa.

Focus 2010-2020: copyright, trade mark, utiliy model, trade secret, unfair competition;

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

in Kenya and Africa

Perspective

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

constitutional democracy and governance are crucial parameters for Kenya’s and Africa’s

sustainable socio-economic, cultural, technological and political development

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

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Prof Ben Sihanya, JSD & JSM (Stanford), LLM (Warwick), LLB (Nairobi), PGD Law (KSL) IP and Constitutional Professor, Mentor & Public Interest Advocate Constitutional Democracy, ©, TM, IP, ICT, Education Law & Public Interest Lawyering University of Nairobi Law School & Scholar, Public Intellectual & Poet Sihanya Mentoring & Innovative Lawyering

Curriculum Vitae, 1989 to Thursday, June 27, 2019

TABLE OF CONTENTS

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

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

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

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

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

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

F. Masters Research Supervision and Mentoring ...........................................................................9

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

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

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

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

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

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

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

(i) Articles in refereed and peer reviewed journals

(ii) Book chapters

(iii) Books edited

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

Agenda)

(v) Articles in peer reviewed magazines, newsletters

(vi) Book reviews

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

(viii) Journals and journal articles edited

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

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

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

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

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

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

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

R. Work in Progress: Professorial Research Agenda, 2006-2018 ...............................................58

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Prof Ben Sihanya, JSD & JSM (Stanford), LLM (Warwick), LLB (Nairobi), PGD (KSL) IP and Constitutional Professor, Mentor & Public Interest Advocate Constitutional Democracy, ©, TM, IP, ICT, Education Law & Public Interest Lawyering University of Nairobi Law School &Scholar, Public Intellectual & Poet Sihanya Mentoring & Innovative Lawyering

Curriculum Vitae, 1989 to Thursday, June 27, 2019

A. PERSONAL DETAILS, PERMANENT ADDRESS; WEBSITE

Name: Prof Bernard Murumbi Sihanya

Date of Birth: November 23, 1965

Marital Status: Married to Jaki Emmanuela Wasike-Sihanya

Children: Kennedy Wasike Sihanya and Atieno Agnes Ayieko Alexandria Sihanya

PERMANENT ADDRESS; WEBSITE

Univ. of Nairobi Law School & Innovative Lawyering & Sihanya Mentoring

Parklands Law Campus, Room B3

Box 1313, Sarit Centre, 00606 Nairobi, Kenya

Tel: +254737173963; 726020082 ;

email: sihanyamentoring@gmail.com; sihanya@sihanyamentoring.com;

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);

- 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).

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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 the Inaugural Behavioural Economics Conference on August 8, 2014

organised by Busara Center for Behavioural Economics and held at Strathmore Business

School.

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

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

“Empowering Authors through copyright in Kenya: Alternative Publishing under Open

Scholarship.”

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

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

Systems, consultants engaged by University of Nairobi management.

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

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

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

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

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

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

2007.

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

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

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

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

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

Related Aspects of Intellectual Property Rights, (TRIPs) and General Agreement on Trade in

Services ( GATS).

10. World Intellectual Property Organisation (WIPO) and World Trade Organisation (WTO)

Colloquium for Teachers of Intellectual Property, Geneva, May; May 1–3, 2006; June 26-

July 8, 2005.

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

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

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

- Certificate course in European Community Consumer Law, 1999.

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

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

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

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

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

General’s Office, Nairobi, Kenya

- Certificate course in copyright and related rights, 1992

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

of Law, University of Nairobi)

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

18. Innovative Lawyering and © Africa, Nairobi, Kenya

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

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

communications law(1989-)

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

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1. Intellectual Property (IP) and Innovation – Research focus (2007–2019): Kenyan and African

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

Competition, Traditional Cultural Expression, Technology Transfer, Intellectual Property

Regulation, Management and Administration in Kenyan Universities and Research and

Development Institutions. Others include Patent, Geographical Indication and Traditional

Knowledge.

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

the Administrative Bureaucracy in Kenya; Constitutional Design, Review and

Implementation. Others include Kenyan Political Economy.

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

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

Innovation, Constitutionalism, Education Law, and Communications Law, as well as:

Research Methodology, Jurisprudence and Social Theory.

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

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

Mentoring; A National Qualification Framework (NQF) and National Assessment System

(NAS) for Kenya.

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

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

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

Public Administration, since 1963-.

E. PROFESSORIAL ASSESMENTS, DOCTORAL RESEARCH SUPERVISION

EXAMINATION AND DEVELOPMENT

1. Professorial Assessments

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

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

following candidates (2018)

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

the Uganda Christian University Law School (2018)

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

University Law School (2018)

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

2. Doctoral supervisees

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

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

University of Nairobi and leading European universities. My supervisees include the

following students:

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1 Ms Zubeda Mucheke (2017) Challenges facing Implementation of Electronic Conceyancing

in Kenya: Case Study Ministry of Land, Open University of Tanzania (November 2017).

2 Mr Hezekiel Oira (2018) University of Zululand, Impact of Copyright on Access to Football

in Kenya and South Africa, University of Cape Town (completion 2018).

3 Ms Julia Wanja Muriithi (completion 2018): Compensating Musical Creativity through

Copyright in Kenya, University of Nairobi School of Journalism and Mass Communication

(SOJMC) (completing 2018).

4 Mr Charles Oyaya (2013) Towards Constitutional Legitimacy: A Study of Constitutional

Developments and Participatory Constitution Making in Kenya from Colonial Times to 2010

(Co-Supervisor and Supervisor of Corrections).

5 Marisella Nabongo Ouma (2009): Enforcement of Copyright in Sub-Saharan Africa: A

Theoretical Perspective, Queen Mary University of London.

6 Mr Teddy J. O. Musiga (2018) Reassessing States’ Extra-Territorial Obligations during

Cases of Presidential Election Fallout in Africa, University of Nairobi Law School (due

2020)

7. Mr Leonard Aloo (2018) Addresing Legal Fragmentation of Sale of Goods Law in East

African Community: Harmony, Approximation, or Status Quo- Evidence Based decision

Making, University of Nairobi Law School (due 2020)

8. Ms Cynthia Akeyo (2018) The Plight of Women Refugees in Kenya: An Assessment of

Procedures and Strategies for the International Protection of Human Rights and the

Promotion of Sustainable Human Development, University of Nairobi Law School (due

2020).

9. Ms Elizabeth Muthoni Warrick (2018) Citizen Science: The Participation of Lay People in

Scientific Research, University of Maryland (due 2018).

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

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

numerous doctoral theses including:

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

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

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

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

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

Town, South Africa.

3. Developing a system and processes for doctoral research

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

the University of Nairobi:

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

- Provided a secretariat for the Doctoral Research Programme.

- Chaired Doctoral Research committees.

- Initiated and supported doctoral research colloquia.

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

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

status of doctoral research.

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

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

4. Mentoring and inspiring doctoral research

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

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

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

Marisella Ouma, Muthoni Warrick, among others.

F. MASTER’S RESEARCH SUPERVISION

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

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

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

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

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

(SM)]:

1. Shirley Arlentrice Gulenywa (2018) Regulating Ringtone Technology in Kenya

(Supervisor of Corrections).

2. Karanu Nancy Wangari (due 2018) Conflict between Intellectual Property Rights and

Public Access Rights.

3. Ambrose Weda (due 2018) Finding the Delicate Balance between the Rights of Persons

with Disabilities against Intellectual Property Rights under the Constitution of Kenya,

2010. A Case for Accommodating Persons with Audio and Visual Sensory Disabilities in

the Kenyan Copyright Law.

4. Stella Munyi Muthoni (due 2018) Awareness and Utilization of Intellectual Property

Rights Regime by the Education Sector within the Kenyan Universities (A Case Study of

Jomo Kenyatta University College of Science and Technology)

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5. Francis Ang’ila Aywa (due 2018) The Effectiveness of Criminal Law in Regulating

Electoral Competition in Kenya.

6. Anne Kopingor (due 2018) Enforcement of Computer Software Copyright in Kenya in

Kenya: Challenges and Prospects.

7. Lilian Abishai (due 2018) Alternative Electoral Dispute Resolution for a Sustainable

Democratic Government in Kenya:

8. Wambui Kamau (due 2018) Civic Education in Kenya: The Gap in Democracy.

9. Elias Ngugi Mwenda (due 2018) Conceptual Analysis of the Contemporary Kenyan

Jurisprudence on Ethnicity.

10. Abdihakim Aden Abdi (due 2018) Devolution in Kenya: An Appraisal of the Legal

Accountability Frameworks.

11. George Gilbert Otieno (due 2018) WTO-TRIPs Public Health Flexibilities in EAC:

Panacea or Pandoras Box.

12. Ndungi David Munyao (due 2018) Critical Analysis of the Constitution of Kenya, 2010

as an Instrument of Democracy and Good Governance.

13. Mikinyango Mary Asha (2017) Importance of Creation, Protection and Enforcement of

Sports Image Rights to Kenya’s Sports their Agents Clubs and Sponsors.

14. Ongola Bracxides Shaluma (2014) Analytical Discourse on Efficacy of Anti-Counterfeit

Law in Kenya.

15. Jeremmy Okonjo (2013) Convergence of Telecommunication, Media and Information

Technology in Kenya: Implications for Regulation of Mobile Telephony.Joan Ndune (due

2018) Copyright Law in Kenya: The Challenges and Prospects of Foreign Music

16. Maurice Okumu (2013) Financial Devolution under the Kenya Constitution: The Quest

for Equitable Distribution of Resources

17. Francis Kaburu (2010) Branchless Banking: Towards a Principle-based Regulatory

System.

18. Eva W. Kiiru (2010) New Media and the Creative Sector in Kenya: Intellectual Property

Challenges and Implications, MA, School of Journalism & Mass Communication.

19. Paul Kipkosgei Rotich (2009) An Audit of Kenya’s Anti-counterfeiting Laws: Do They

Embrace International Trade Law Standards?

20. Boniface Mutinda Kabaka (2009) Regulating Electronic Trading of Securities in the

Nairobi Stock Exchange.

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21. Idah Gatwiri (2009) Evaluating Communication Methods for Disaster Management in

Kenya, University of Nairobi, School of Journalism and Mass Communications (SOJMC)

22. Cosima Apeles Wetende (2008): Integrating Mediation into Kenya’s Civil Justice

Process: A Survey of Advocates in Nairobi

23. Colletah Sigilai (2007) Enhancing Equitable Access to Quality University Education in

Kenya: A critical appraisal of the legal framework on financing University Education in

Kenya.

24. Julia Wanja Muriithi (2007) The Impact of Piracy on Gospel Music Industry in Kenya,

MA, School of Journalism and Mass Communication.

25. Rose Akinyi Osiemo (2007) Trade Marks as a Feature in Kenya’s Competitive Economy

26. Charles Orinda Dulo (2006) Telecommunication Regulation in Kenya: A Case for

Generic Reforms due to ICT.

27. Joseph Kuira (2007) Copyright Law vis-à-vis Freedom of Expression as a Paradox for

Journalists Working in Kenya: A Case Study of the Standard and the Daily Nation

Newspapers, 2000-2004, MA, School of Journalism and Mass Communication.

28. Irene Ndegwa (2007) The Commercial Exploitation of Personality: Challenges Facing

the Kenyan Celebrity.

29. Moses Wang’oo (2007) The East African Federation and the Supremacy of the Kenyan

Constitution

30. Hezekiel Oira (2006) Addressing the Controversies of Neighbouring Rights of

Broadcasting Organisations under Kenyan and International Law.

31. Richard Kuloba (2006) Expeditious and Effective Civil Remedies and Procedures against

Infringement of Copyright in Kenya.

32. Peter Pete (2006) New Regulatory Typology in the Age of Technological Convergence: A

Case of Telecommunication Licensing in Kenya.

LLM defence panels

1. Served as the Chair of LLM Thesis Defence for Mr Willis Evans Otieno (2016) Judicial

Scrutiny and Recount of Votes as a Means of Enhancing Electoral Justice.

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

Anti-counterfeit Laws in Kenya.

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

Towards Free and Fair Presidential Elections in Kenya: A Critique of the Constitutional

Framework.

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

between Mobile Telecommunication & Financial Services Implications for Regulations of

Mobile Telecommunications in Kenya.

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

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

National Security Exception under the Constitution of Kenya 2010.

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

Analyzing the Principle of Progressive Realization of Human Rights in the Basic Education

Sector in Kenya.

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

the Ringtone Technology in Kenya.

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

Political Parties and Ethnicity in Kenya: Towards Meeting Constitutional Ideals

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

G. LLB SUPERVISION

1. LLB dissertations and research projects supervised since February 1, 2011

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

property, constitutionalism, education law and ICT law, University of Nairobi. I have supervised

more than 160 students since 1997. Some of the LLB students are Annex 1

1. Javas Bigambo (2019) Accountability Through Ethics, Public Participation, and Good

Governance in Law Enforcement in Devolved Governments in Kenya (Research paper).

2. Kamunu Eric Njuguna (2019) Constitution without constitutionalism in Kenya and Africa

(Research paper).

3. Paul Okonyo (2019) Realizing the 1/3 Gender Rule in the National Assembly in Kenya

(Research paper).

4. Ruth Masese (2019) Intellectual Property Rights for Fashion Designers in Kenya and

Ghana (Research paper).

5. Gandi Gertrude Jumwa (2019) Seccession v. Devolution: A critical Analysis of Counties

in Kenya and the Biafran State in Nigeria (Research paper).

6. Wandela Philip Wasilwa (2018) Devolution of Public Finance and the Challenge of

Corruption in Kenya (Research paper).

7. Mwangi Leonne Wahome (2018) The Efficacy of the EACC in Combatting Corruption

within the Executive in Kenya (Research paper).

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8. Allan Otieno Ogongo (2018) Criminalizing Consensual Sexual Activities Between Minors

in Kenya: A Review of the Sexual Offences Act and the Emerging Jurisprudence

(Research paper).

9. Watuka Alex Mbondo (2018) Case Backlog in Kenyan Courts and the Right to Access to

Justice: A Case for Arbitration (Research paper).

10. Antony Carlos Onyango (2018) Copyright in the Audiovisual Industry in Kenya and

Nigeria (Research paper).

11. Lumatete Emmanuel Walubengo (2018) Regulatory Inadequacies of Mobile Money

Transfer System in Kenya (Research paper).

12. Mburu Margaret Nyambura (2018) Implementing Universal Health Under the Kenyan

Constitution 2010 (Research paper).

13. Kimani Anndona Muthoni (2017) Devolution of Health Services Under the Kenya’s

Constitution 2010.

14. Muli Loise Mutuli (2017) Constitutional Implementation of Kenya’s One Third Gender

Rule Treating Unequals Equally Leading to Inequality.

15. Mathenge William Mathenge (2017) Reforming the Judicial Framework to Secure

Investments of Artistic Creators in Kenya.

16. Mataga Cynthia Amutete (2016) Limitations of Copyright in Digital Broadcasting in

Kenya: Analysis of Royal Media Service Case (Digital Migration)

17. Ngoriakou Benson Loktari (2016) Role of the Supreme Court in the interpretation and

development of Constitutional law in kenya

18. Eric Naibei (2015) NGO’s and Checks and Balances in Kenya’s Governance.

19. Mary Njeri (2015) The Law and Political Economy of Alcoholism in Kenya

20. Victoria Kirinya Gatwiri (2015) Internet Service Providers and Copyright Protection in

Kenya

21. Teresia Karanja (2015) Administrative Bureaucracy in Kenya’s Police Service.

22. Winfred Odali (2015) Service Delivery under the Devolved Government in Kenya

Challenges and Prospects.

23. Edna Kasichana Kabaillah (2015) Copyright Protection of Online Musical Works in

Kenya.

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24. Kevin Mathenge (2015) Protection of Trade Secrets in Kenya Through Non-Disclosure

Agreements.

25. Isaac Muuo (2015) Combating Software Piracy in Kenya.

26. Karegi Judy Waithera (2015) “Devolution as an Institutional Design Meant to Manage

Ethnic Conflict in Kenya”

27. Maroncha Edward Mwenda (2014) Constitutionalism in Presidential Elections in Kenya

28. Ahmed Ibrahim Ogle (2014) The Role of the Senate in a Bicameral Parliament under

Kenya’s 2010 and 1963 Constitutions.

29. Gathiga George Kinyua (2014) Democratising Ethnically Divided Kenya, Zimbabwe and

Ghana

30. Kimathi Jackline Kendi (2014) Copyright Law: Musical Copyright in the Digital Context

in Kenya

31. Mohamud Sheikh Muhumed (2014) Presidential Election Disputes and Electoral Justice

in Kenya: Interrogating Legal Framework and Courts’ Jurisprudence

32. Njeri James Mbugua (2014) Promoting Kenya’s Intellectual Property in the East Africa

Community

33. Ojwang Okuku Gabriel (2014) Securing Accurate Accountable Verifiable free and Fair

Presidential Elections in Kenya..

34. Adede John Ouma (2014) Assessing Kenya’s Presidential Election Petition (2013).

35. Maryanne Wairimu Kamau (2014) Unconstitutional changes of Governent in Kenya and

Africa Assessing the Efficacy of Power sharing Agreements

36. Calistus Nyegenye (2013) Parliament and Promotion of Checks and Balances and Good

Governace in Kenya: A Comparative Analysis Bicameral Legislature and Unicameral

Legislature.

37. Babra Nkirote Murithi (2013) A Critique on the Kenya Free Primary Education L egal

Framework: A comparative analysis on the laws regulating free primary education in

Kenya.

38. Otto Fabian (2013) Embracing Innovation in through Patent.

39. Edward Muhoro Ndung’u (2013) Patents v. Trade Secrets: Protection of Inventions and

Innovative Business Ideas in Kenya.

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40. Kevin J. Kwasa (2012) Innovative Methods for Enforcing Contacts in the Music Industry

in Kenya.

41. Gilbert Omware Mitullah (2012) The Case Personal Service Contracts, Reforming

Kenyan Education Law and Policy: Focus on Gifted and Talented Pupils in Primary and

Secondary Schools.

42. Timothy Mugoh (2011) Information Technology and the Law: The Intervention of Law in

the Field of Information Technology in Kenya

43. Sheila Nyayieka (2011) Protecting sports through Intellectual Property

44. Caroline Mwende (2011) Challenges faced by Journalists in Kenya in dissemination of

information

45. Judith Omollo (2011) Effects of media regulation on media freedom in Kenya.

46. Florence Karimi Gakungi (2010) Restitution for Atrocities Committed against Mau Mau:

From the Rhetoric to Redress of Gross Human Rights Violations.

47. Caroline Lichuma Omari (2010) The Mau Forest Debate with Specific Emphasis on the

Right to Property as Enshrined in the Current Constitution.

48. Zembi Odera (2010): Regulation of Internet Costs by the Kenyan Government

49. Japheth Odhiambo (2009) Rural Renewal as a Right to Sustainable Development in

Kenya Integrating Land Use and Agrarian Policy Reforms into Rural Development

50. Wilson Mwihuri (2009) Consolidating the Regulatory Framework for Financial Services

in Kenya.

51. Aliahmed Hassanali (2008) Securitisation of Intellectual Property in Kenya: Prospects

for Commercially Exploiting Intellectual Property.

52. Angela Waweru (2008) Kenyan Higher Education Law in a Global Context: Assessing

International Initiatives to Promote Access and Trade in Education

53. Jeremmy Okonjo (2008) Digital Signature Legislation in Kenya: The Quest for a Public

Key Infrastructure for E-commerce.

54. Culent Lunyolo (2008) The Constitutional Powers of the Attorney General in Kenya.

55. Sang Kipyego (2008) Historical Injustices in Public Service Appointments: 1963-2008

and Beyond.

56. Aron Ambia (2007) Constitutionalizing and Legislating Good Corporate Governance in

Kenya: The Challenges and Prospects.

16

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

2. Undergraduate court attachment (Clinical Law or 4th

term programme) – supervision:

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

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

Nairobi, Busia and Homabay.

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

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

1. Training, Supervising and Mentoring trainee advocates, bar candidates, or pupils

including: Ms Martha Ndung’u, Ms Lydia Kemunto, Mr Jumah Daniel, Mr Erick Naibei and

Mr Abraham Mumo.

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

University of Nairobi Law School since 1997.

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

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

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

Nairobi.

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

Developing and Applying a Constitutional Framework for Public Participation, University

of Cape Town, South Africa.

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

2014/2015 (Moderated exam scripts and results).

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

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

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

of Forest Resources in Uganda: A Study of Mabira Forest

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

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

17

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

Prospects in Tax Administration in Uganda.

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

Law: Balancing Between the Rights of Plant Breeders and the Community.

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

Case Study of the Uganda Wildlife Authority.

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

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

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

and dissertations; PhD dissertations).

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

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

LLB and LLM exams and dissertations in August 2011.

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

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

LLB and LLM exams and dissertations in August 2011.

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

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

(Examined LLM theses)

J. SCHOOL ADMINISTRATION AND UNIVERSITY GOVERNANCE, & NATION

BUILDING

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

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

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

Chancellor on February 21, 2015.

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

University of Nairobi.

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

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

18

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

University (SONU) Constitution Review Commission.

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

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

Constitution, CCU, University of Nairobi.

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

workshop on patent drafting organized by the University of Nairobi and facilitated by the

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

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

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

examined Comparative Constitutional Law (June-July).

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

Senate.

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

date.

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

the University of Nairobi Senate.

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

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

University of Nairobi Law School, School Board Meeting, the Great Rift Valley Lodge,

Naivasha, July 12-15, 2012.

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

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

representing the Chief Justice).

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

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

of Strathmore Law School).

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

16. Dean Law and Related Administrative Roles

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

and Council).

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

of Examiners, University of Nairobi School of Law.

19

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

Committees, and Coordinators of Programmes, University of Nairobi Law School.

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

Postgraduate; Mentoring, Moot courts and Internship, etc.

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

Academic Affairs (AA).

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

18. Dean Law in Regulating Legal Education

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

- Member of the Academic Affairs Committee

- Member, Finance and General Purposes Committee

19. Dean Law in Tender and Procurement Committees

- Member, University of Nairobi Tender Committee.

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

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

20. Dean Law in University and National Boards and Councils

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

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

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

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

(CHSS).

21. Member, University Senate Committees, 2004-

- Member of the Senate Committee on ICT - under the auspices of University of

Nairobi ICT Centre: reviewed and co-drafted Draft UoN ICT policy.

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

Policy; took part in interviewing short-listed applicants for the post of Intellectual

Property Officer for the University, 2007; reviewed plant based innovation for IP protection;

both chaired by DVC (A&F).

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

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

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

by CMB).

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

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

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

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

20

February 9, 2006 – February 3, 2009.

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

Commercial Law.

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

University of Nairobi, November 2005 – 2016.

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

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

University and University of Namibia) 2005 and 2009-

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

February 2009.

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

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

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

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

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

exchange programme in Intellectual Property between the University of Nairobi Law School

and Vanderbilt University School of Law, January 2006.

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

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

for being fair.

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

School, Nairobi, Kenya.

35. Appointed External Examiner, Strathmore University, Kenya;

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

exam processing;

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

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

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

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

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

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

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

Law, Science and Technology for the newly Senate-approved thematic LLM courses in these

21

programmes, and to co-draft materials for the core course of Law in Development: August 7,

2003.

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

Committee. (2003-2009).

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

Technology.

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

Constitutionalism, and Information and Communication Technology (ICT).

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

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

K. DEAN LAW As the Dean Law since January 29, 2009, I initiated or overseen the following developments

in the School of Law, among others:

1. Established and streamlined processes and systems

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

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

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

Postgraduate Studies Committee; Mentoring, Internship and Moot Courts; publishing and

communication of research; the ICT system. We also restructured the Examinations and

Evaluations Committee, and empowered the Academic Programmes Committee (APC).

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

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

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

payments including payment to lecturers and top-up to non-teaching staff and management (a

credible data base has been developed; there is no deficit unlike in the past...); a new students’

computer lab has been completed, hot spots are being established, and more lecturers have

computers. The School has greater web presence to communicate research and operational

information.

2. Mombasa and Kisumu Law campuses

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

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

for recruitment of lecturers; appointing coordinators and liaison officers; as well as

consulting with coordinators as well as School and University officials on the long term,

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

3. PhD Research Programme

(See Doctoral Research supervision above)

22

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 April 24, 2009.

iv. Ben Sihanya (2009) “Prof HWO Okoth-Ogendo, July 1, 1944 – April 24, 2009: Tribute to

the Guru of Land Law and Kenyan and African Constitutionalism,” presented at the funeral

and burial services; at www.innovativelawyering.com (this forms a Law, Natural Resources

Law, and Constitutional Reforms in Kenya in memory and as part of the legacy of Prof

Okoth-Ogendo; also archived in JKM Library)

7. Direct Service Provider (DSP) Committee

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

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

L. PUBLICATIONS

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

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

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

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

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

commercialisation in Kenya,” University of Nairobi Innovation Research Symposium

held on March 6, 2018 at the University of Nairobi.

23

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

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

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

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

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

for a book on Emerging Electoral Jurisprudence in Kenya, following presentations at

International Conference on Emerging Electoral Jurisprudence in Africa in Nigeria)

6. Zubeda Mucheke, Damas Ndumbaro and Ben Sihanya (forthcoming 2019) “Challenges

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

of Tanzania Law Journal

7. “Imitative innovation and innovative imitation in the age of bling in Kenya: the case of

hip hop music University of Nairobi Law Journal,” (forthcoming 2019).

8. Ben Sihanya (forthcoming 2019) “Copyright in audio-visual works in Kenya.”

9. Ben Sihanya (2017) “Electoral Justice in Kenya under the 2010 Constitution

implementation, enforcement, reversals and reforms,” Vol 13 Issue 1, Law Society of

Kenya Journal 1-30.

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

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

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

public-officers-in-unmaking-public-policy-rules-and-regulations-in-kenya/ (accessed

23/1/2018).

11. Ben Sihanya (2017) “Conduct of IEBC Commissioners key to just 2017 General

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

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

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

and Extension (RPE) University of Nairobi

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

Kenya,” Vol. 12, 2016 No. 2 Law Society of Kenya Journal 1-38.

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

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

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

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

16. “Mandate, institution, militarisation, misuse, trade and of the National Youth Service in

Kenya” (December 2015) in Advocate magazine, the Law Society of Kenya, 26-27.

24

17. “Executive must trust their choice of security CS and IG to deliver” (Original title:

Constitutional Questions in Kenya: Security, Liberty, Criminal Justice, and Governance)

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

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

in the Utafiti News, Issue No. 3, a publication of the Office of the Deputy Vice-

Chancellor (Research Production and Extension), University of Nairobi.”

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

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

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

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

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

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

of Nairobi

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

publication for Media Council of Kenya, July-September 2014

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

Council of Kenya, January-March 2014,

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

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

8).

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

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

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

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

on Elections Preparation and the Law Society of Kenya.

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

Kenya Journal at 59-90.

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

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

25

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

Media Observer a publication for Media Council of Kenya.

30. “Public participation and public interest lawyering under the Kenyan Constitution:

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

31. “Folkolore: “Copyright made in Kenya” (2013) NIALS Journal of Intellectual Property

[NJIP].

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

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

33. “Character merchandising, endorsement and sponsorship in Kenya and Africa” (2015)

Vol 8 Issue 1 University of Nairobi Law Journal. Eds Eva Kimani, Leon Ndekei Eds in

chief Smith Otieno pp 1-20.

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

Journal of Intellectual Property [NJIP].

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

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

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

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

=8&ved=0ahUKEwiZ0OCIq8nRAhUEuBQKHWFtDYgQFggbMAA&url=http%3A%2

F%2Flibrary.fes.de%2Fpdf-

files%2Fbueros%2Fkenia%2F09857.pdf&usg=AFQjCNGZ8OHbDDVORrkKA4ycuSv

GrjWGLA&sig2=mcQjlD9mOPcIp2Jez2Y88g (accessed 17/1/17)

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

100.

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

Reforming compensation under copyright,” 24:2 Journal of African Cultural Studies

171-183 (Routledge; SOAS, London). Prof Wasamba is a Professor, Department of

Literature and Associate Dean, Faculty of Arts, University of Nairobi.

38. “Digital copyright in Kenya (2012)” Vol 8 2012 No.1 Law Society of Kenya Journal

119-148.

39. “Public participation and public interest litigation under the Kenyan Constitution: theory,

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

26

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

Society of Kenya (LSK) Journal.

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

(2016) Moi University Law Journal; Innovative Lawyering & Sihanya Mentoring

Working Paper Series

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

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

Competition and Tax Law, Munich, Germany, Vol. 41 No. 8, pp. 926-947 (2010) edited

by Prof William Cornish, Prof Paul Goldstein et al.

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

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

(released 18.8.2010)

44. “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

45. “Kikoy and the commercial exploitation of geographical indications and traditional

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

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

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

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

47. “Intellectual property for innovation and industrialisation in Kenya,” Convergence, Vol

4. No. 2. October 2008, 185-213, Journal of the International Bar Association, London.

48. “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.

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

Competition Law, Volume 38, 6/2007, pp. 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.

27

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

2006 JKUAT Scientific, Technological and Industrialization Conference, Harnessing

Scientific and Technological Synergies for Innovation and Industrialization, Jomo

Kenyatta University of Agriculture and Technology, Nairobi, October 26-27, 2006

(published 2007), 38-58.

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

African Law Journal, (published 2006) (SOJ/EALJ/123/06). Advisory Board: Prof

H.W.O. Okoth-Ogendo, Prof Patricia Kameri-Mbote, Justice Prof J.B. Ojwang.

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

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

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

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

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

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

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

translated into French, at 11.

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

8 [Institute of Economic Affairs (IEA)].

55. “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).

56. “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).

57. 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.

58. “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

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

The Netherlands, p. 11 (1992?)

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

of Nairobi Law Journal No 1, 1991.

L. (ii) Book chapters 1. Ben Sihanya (2013) “Reflections of open scholarship modalities and the copyright

environment in Kenya,” in Jeremy De Beer, Chris Armstrong, Chidi Oguamanam &Tobias

Schonwett, et al (eds) (2013) Innovation & Intellectual Property Collaborative Dynamics in

Africa.UCT Press, Cape Town (chapter 9).

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

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

Town, Cape Town; Innovative Lawyering & Sihanya Mentoring, Nairobi & Siaya.

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

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

Elections preparation and the Law Society of Kenya, Nairobi.

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

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

Working Committee on Election Preparations, Nairobi, Kenya.

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

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

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

Copyright:] ‘Kenya,’” a study under the auspices of the African Copyright and Access to

Knowledge (ACA2K) project and International Development Research Centre (IDRC)

Acacia Initiative for Africa and Shuttleworth Foundation Intellectual Property Rights

programme in C. Armstrong, J. De Beer, D Kawooya, A Prabhala, T Schonwetter (eds) (This

book was launched on Saturday, July 31, 2010 at the University of Cape town, South Africa

July 31, 2010).

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

Politics and Limits of Power Sharing Agreement,” in Dr Karuti Kanyinga and Duncan Okello

(eds) Tensions and Reversals in Democratic Transitions: The Kenya 2007 General

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

International Development (SID) Eastern & Central Africa, Nairobi.

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

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

133-176. Printed on October 23, 2009 and launched on November 10, 2009, at Panafric

Hotel, Nairobi.

29

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

Intellectual Property Rights in Kenya, Konrad-Adeneur-Stiftung, Nairobi, pp 207-266.

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

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

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

Society in Kenya, African Research and Resource Forum (ARRF), Nairobi, Section I,

Chapter V, pp. 40-64.

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

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

Kenya, Nairobi, Part III, pp. 45-64.

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

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

Action Aid International Kenya, Nairobi, Part IV, pp. 65-95.

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

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

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

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

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

Dr Florence Etta (eds) Mainstreaming ICT in Kenya: Research Perspectives from Kenya,

IDRC and Mvule Africa.

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

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

Chapter in Peter Gallagher, Patrick Low, and Andrew L. Stoler (eds) Managing the

Challenges of WTO Participation, Cambridge University Press, London (2005).

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

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

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

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

Consumer Law in the Information Society Kluwer Law International, London; pp. 329-364;

peer reviewed by International Association of Consumer Law (IACL) members – Consumer

Law experts in five continents and other experts.

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

Rachagan (ed.) Consumer Protection in the WTO Era International Association of Consumer

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

by IACL members - Consumer law professors in five continents and other experts.

30

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

Werner (eds.) (1997) Telecommunications for Business in Africa IOS Press, Amsterdam,

pp.125-42.

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

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

Resources for Sustainable Development World Resources Institute (WRI), et al. Washington,

DC, pp.199-221.

L. (iii) Books and Journals edited

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

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

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

10, 2009, at Panafric Hotel, Nairobi.

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

International Kenya, Nairobi (editor; 2008)

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

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

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

Jurists (ICJ), Nairobi (April 2004)

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

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

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

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

Sustainable Development (2016).

1. Education Law Cases and Materials in Kenya (forthcoming 2019).

2. Presidency and Administrative Bureaucracy in Kenya (forthcoming 2019).

3. Communication Law and Policy in Kenya (forthcoming 2019).

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

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

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

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

Economy of Transnational Intellectual Property (due 2012); doctoral dissertation, Stanford

Law School (being converted into a book).

31

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

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

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

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

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

African Technology Policy Studies (ATPS) Technology Brief No. 2 (Nairobi) (February

2002); peer reviewed by ATPS (Dr Osita Ogbu, etc.) being used to teach MSc and BA/BSc

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

and Kenyatta University (KU), by Prof Henry Bwisa and Prof. G. Msangi, respectively,

among others.

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

International Kenya, Nairobi (editor; 2008)

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

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

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

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

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

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

Lecturer, University of Nairobi Law School, Dr Oki Ooko-Ombaka, SJD (PhD) (Harvard)

and Director PLI; Class text book used by Mr Yash Vyas in Consumer Protection class,

University of Nairobi Law School .

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

the Model Law to African Consumer Leaders Conference, Harare, Zimbabwe (April 28-May

2, 1996). Peer reviewed and published as such by Consumers International Regional Office

for Africa (CI-ROAF); also published by the United Nations, New York.

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

(1998).

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

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

1998).

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

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

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

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

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

32

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

technology.(Consulted Prof JB Ojwang, Dr Ben Majisu).

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

the Industrial Property Act, 1989 (December 1989).

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

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

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

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

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

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

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

Long-term Strategic Approaches Monograph Prepared for the United Nations Development

Programme (UNDP), Nairobi, 1992.

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

NGO Laws and Regulations conducted by the International Center for Not-for profit Laws

(ICNL) and the World Bank, Washington, DC. It was also one of the background reports for

the Johannesburg Conference on An Enabling Environment for Civil Society (September 16-

20, 1996); Prof Karla Simon of ICNL & Columbus University, Dr Edward A. Yansah of

Oxford University, etc.

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

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

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

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

L. (v) Articles in peer reviewed magazines, newsletters and newspapers 1. Ben Sihanya (2016) “Key issues to secure electoral justice in Kenya in 2017” Daily

Standard, Nairobi, August 11, 2016 at

http://www.standardmedia.co.ke/article/2000211577/key-issues-that-must-be-in-place-for-

kenya-to-secure-electoral-justice-in-the-2017-polls; also at www.innovativelawyering.com

(accessed 11/9/2016)

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

2016, at

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

&ved=0ahUKEwiUh_zCnOvOAhVLvhQKHfhDCLsQFggeMAA&url=http%3A%2F%2F

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

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

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

33

3. Ben Sihanya (2015) “Ruto should stop rallies, try due process route,” The Standard,

Nairobi, October 31, 2015.

4. Ben Sihanya (2015) “Kenya’s confrontation with the ICC counterproductive” The Standard,

Nairobi, November 30, 2015.

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

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

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

(accessed 18/9/2012).

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

Standard (Nairobi) January 22, 2012.

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

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

(Nairobi) March 25, 2011.

10. “Evolving nature of Presidency and what we should expect in the future,” Daily Nation

(Nairobi) March 8, 2011.

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

February 27, 2011.

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

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

13. “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).

14. Dr Ben Sihanya & Dr George Odera Outa (2009) “US ban justified under changing

diplomacy trend” Sunday Review, Sunday Nation Newspaper, November 1, 2009, at 26.

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

International, March 2009.

16. “Kikoi and the commercial exploitation of geographical indications and traditional

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

34

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

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

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

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

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

1997, 16-17.

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

Friday, February 20, 2004, at 9.

20. “Lecturers’ strike: the options available,” Opinion: Higher Education: Daily Nation

(Nairobi), Thursday, January 16, 2004, at 9.

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

Thursday, January 8, 2004, at 9.

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

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

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

Wednesday, Dec 17, 2003, at 9.

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

Tuesday Dec 9, 2003, at 9.

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

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

26. “Sustainable democracy and institutional development in Kenya: An assessment of the

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

Freedom of Expression, Assembly and Association, Safari Beach Hotel, Mombasa, May 6-

10, 1992. Published in Vol. 1, No. 3, June, pp. 22-25 Kenya Jurist, (Journal of the ICJ

(Kenya Chapter).

27. “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.

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

1992.

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

1992.

35

30. 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).

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

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

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

(A student’s law magazine).

L (vi) Book reviews

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

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

p. 11 (June 1993).

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

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

(eds.), VU University Press, Amsterdam, 1992, in Vol.2 No. 8 May 13, 1993 EcoNews

Africa, Circular on Environment and Development (Nairobi).

3. 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, at 4.

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

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

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

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

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

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

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

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

(Nairobi), May 1990.

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

Trade Related Intellectual Property and Innovation Law in Kenya and Africa

(TRIPILKA)

1. This book may be cited as Ben Sihanya (2016) Intellectual Property and Innovation Law

in Kenya and Africa: Transferring Technology for Sustainable Development, Sihanya

Mentoring & Innovative Lawyering, Nairobi & Siaya

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

Technology Transfer 1989-2015

36

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

4. Copyright in Kenya and Africa: Cases and Materials

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

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

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

USA)

7. TRIPs Agreement in Kenya and Africa

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

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

LLM) Thesis, Stanford)

9. Regulating and Transferring Telecommunication Technology in Kenya: Corporate

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

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

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

and Chants.

Constitutional Democracy in Kenya and Africa (CODEKA)

1. Constitutional Democracy in Kenya and Africa Vol. 1: Elections, Governance, Human

Rights, the Rule of Law, and Due Process in Kenya and Africa: Ben Sihanya’s Essays,

1989-2016

2. Constitutional Democracy in Kenya and Africa Vol. 2: Presidency, Bureaucracy and

Administrative Justice in Kenya (Revised Teaching Notes on Constitutional Law and

Comparative Constitutional Law by Ben Sihanya 2004-2016

3. Constitutional Democracy in Kenya and Africa Vol. 3: Opposition, NGOs, Academics,

Clerics, and the Media in Governance

4. Constitutional Democracy in Kenya and Africa Vol 4: Constitutional Democracy Cases

and Materials

Education and Communication Law and Policy in Kenya and Africa

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

2. Communication Law and Policy in Kenya and Africa.

Legal Research Methodology, Thesis and Academic Writing Guidelines

37

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

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

Corrections, Submission and Marking Scheme

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

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

Marking Scheme

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

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

Scheme

L (viii) Journals and journal articles edited

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

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

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

onto Kenya’s Criminal Justice System: A Commentary on Lenchura and Mohamed

Abdow cases”

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

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

2017)

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

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

(forthcoming 2017)

6. Dr Yash Vyash (2016) “Criminal liability of state corporations” Law Society of Kenya

Journal

M. DISCUSSION PAPERS, CONFERENCE PAPERS AND RELATED RESEARCHES

(INCLUDING REPORTS)

1. “Contextualizing the discourse and interdisciplinarity in interpretation of law, lawyering

and literature in Kenya and Africa,” at the 10Th

Annual African Languages in Disciplines

and Professions Conference held at the University of Nairobi Law School between June

19-20, 2019.

2. “Copyright and public sector information in Kenya and Africa: Contextualizing copyright

and limitations and exceptions in galleries, libraries, archives and museums (GLAM) at

the WIPO International Conference held in Nairobi on June 14, 2019 at the Boma Hotel,

Nairobi.

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

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

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

38

4. Presentation on “Interdisciplinarity in law teaching and research methodology in

curriculum review, delivery and evaluation in Kenya,” during the University of Nairobi

Law School LLB Curriculum Review Workshop held on 19-22/11/ 2018.

5. Presentation on “Constitutional amendment and the referendum debate,” during the

University of Nairobi Students Association Debate on Constitutional Amendment held on

19/11/ 2018.

6. Presentation on “Intellectual property and innovation in the value chain in Kenya and

Africa: a case for interdisciplinarity in university research and development in health,

natural resources, food, education and governance,” during the 8Th

International

Interdisciplinarity Conference held at the University of Nairobi, 27-30/6/2018.

7. Presentation on “Intellectual property and innovation for sustainable development of the

blue economy in Kenya and Africa,” during the Sustainable Blue Economy Conference

held at Nairobi on November 26-28, 2018.

8. Presentation on “University contribution to intellectual property and research, science,

technology and innovation in Kenya’s socioeconomic transformation,” at the 2ND

Biennial Conference on the State of University Education held at Utalii Hotel on October

30- November 2, 2018.

9. Presentation on “Creating tangible sustainable socio-economic impact in Africa:

Intellectual property and economic development,” at the Canadian High Commission

Trade Chat in Nairobi on August 30, 2018.

10. Presentation on “Is it time to talk constitutional amendments” at the Conference on

Constitutional Amendment held at the University of Nairobi on June 8, 2018.

11. Presentation on “Intellectual property and innovation audit, valuation, and

commercialisation in Kenya,” at the University of Nairobi Innovation Research

Symposium held on March 6, 2018 at the University of Nairobi.

12. International expert in the “Patent, trade mark, copyright and related rights” during the

Train-the-Trainer program for judges in Abuja Nigeria from July 17-19, 2018.

13. Presentation on “Scholarship in IP, innovation and transfer of technology law in Kenya

and Africa,” at WIPO-WTO Regional Colloquium for IP Teachers and Researchers at the

University of South Africa in Pretoria, South Africa from April 9-12, 2018 and the IP

Scholars Africa Conference on April 13, 2018.

14. Guest Speaker on “Role of Academia in Kenya’s Electoral Process,” at Consultative

meeting for the 2017 General Elections at Safari Park Hotel, Nairobi on June 7, 2016, A

meeting organised by the Council of Governors.

39

15. Presentation on “Effective Risk Management in Kenyan and African Organisations” at

the General Counsel Africa Summit on April 14, 2016 at the Intercontinental Hotel,

Nairobi.

16. Presentation on “Case Management and Administrative Review Procedure on

Procurement” at the workshop training of the public procurement administrative review

board members and secretariat on June 10, 2015 at Fairmount Mt. Kenya Safari Club

17. Presentation during the Seminar on Commercial and Intellectual Property Law:

Intellectual Property, Innovation and Technology: Audit, Valuation, Commercialisation ,

Securitisation and Taxation organised by Law Society of Kenya at Panari Hotel, Nairobi

on April 24, 2015.

18. Presented at the Tanganyika Law Society (TLS) Conference under the theme The

Constitutional Review Process in Tanzania: Reflections on the Constituent Assembly,

Referendum Monitoring and Experience from neighbouring Countries, at Arusha

International Conference Centre, Tanzania, February 22, 2014.

19. “Background, status, operational mechanisms and enhancing quality delegated legislation

in Kenya,” presentation during the retreat of the Senate Committee on Delegated

Legislation and chairpersons of the Committees on delegated Legislation of the County

assemblies, at Serena Beach Hotel, Mombasa, Kenya, February 21, 2014.

20. “Limitations and exceptions to copyright in Kenya in the context of the creative

commons” presentation at the Global Congress Conference, South Africa, December 9-

13, 2013

21. Nagla Rizk - Ben Sihanya debate & interview on Reflections of open scholarship

modalities and the copyright environment in Africa debate at the open air conference on

the launch of South African Intellectual Property Law Journal (IPLJ), L. Tong and C.

Ncube (eds) 2013,Juta Co Ltd based on Nagla Rizk “From de facto commons to digital

commons? The case of Egypt’s independent music” 171-202 (chapter 8) and Ben Sihanya

“Rights in a performance in Kenya” 203-330 (Chapter 9).

22. “The United Nations Convention Against Corruption Implementation: Review on

Kenya,” (2013) a presentation at the civil society retreat on the United Nations

Convention Against Corruption review; November 6-9, 2013 at Brakenhurst Hotel,

Limuru.

23. “Emerging jurisprudence on Article 24 of Kenya Constitution relating to balancing of

competing human rights,” a presentation to the Kituo cha Sheria“ Legal Advice Centre”

4th

Annual Public Interest Litigation Colloquium on Thursday, December 5, 2013,

Panafric Hotel, Nairobi.

40

24. “Technology in Kenya’s Supreme Court presidential Petition in Raila Odinga:

Technophobia, Dynamic Digital Tyranny (DDT) and the Future of presidential electoral

justice” (2013) a presentation at the Symposium on the Supreme Court decision in Raila

Odinga v. Independent Electoral and Boundaries Commission and Others on November

19, 2013 at the University of Nairobi.

25. “Copyrighting film-production and distribution in Kenya” (2013) Presentation at Hot

Sun Foundation, Kibera on November 21-22, 2013.

26. “Constitutional Commissions in Kenya: Experiences, Challenges and Lessons” (2013) A

study under the auspices of the Friedrich Ebert Stiftung (FES) presented at the

Conference on State of Implementation of Constitution since 2010 on November 20,

2013 at Laico Regency.

27. “Promoting Intellectual Property at the University of Nairobi” (2017) article for the

newsletter, University of Nairobi office of the Deputy Vice-Chancellor Research,

Production and Extension (RPE).

28. “Overview and objects of the Constitution: Why the Constitution of Kenya 2010?,” paper

presented three times at the University of Nairobi (RRI) sensitization community, CCU

building on Tuesday 3/9/2013; Friday 6/9/2013 and Monday 16/9/2013 CCU building.

29. “HIV/AIDS law and ethics in Kenya,” paper presented at the (GCCD) workshop on

HIV/AIDS Peer Education, Life Skills & VCT on August 8, 2013, at the Boma Hotel Red

Cross HQ, Nairobi.

30. Presented at the Workshop on Support in Trade Negotiations for Professional Regulatory

Bodies and Professional Associations: Building the capacity of professional regulatory

bodies and professional associations to negotiate Mutual Recognition Agreements under

the East African Community, 2012, Greenhills Hotel, Nyeri, October 28-November 2,

2012.

31. Contributed to ARTICLE 19’s expert meeting on Freedom of Expression and

Copyright, 7 December 2012, London (only contributor invited from Africa).

32. “Comments on the LLB and LLM curricula after the Naivasha Board Retreat,”

September 25, 2012.

33. “Regulations on eligibility for admission into Doctor of Philosophy (Law) Degree

Programme,” contributions to the curriculum review, University of Nairobi Law School,

September 25, 2012.

34. “Administering security and integrity in Kenya’s presidential elections,” presentation to

the Law Society of Kenya (LSK) Annual Conference, Leisure Lodge Beach & Golf

41

Resort, 15-19 August, 2012, Mombasa, on Integrity & Leadership: Managing the

Electoral Process.

35. “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.

36. “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.

37. “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.

38. “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.

39. “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.

40. “Administering and regulating education for national integration in Kenya,” presentation

to the National Cohesion and Integration Commission (NCIC) People’s Conference on

Diversity, Ethnicity and Race, Kenyatta International Convention Centre (KICC),

Nairobi, March 12-13, 2012.

41. “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.

42. “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.

43. “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.

44. “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.

42

45. “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.

46. “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 .

47. “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.

48. “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.

49. “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.

50. “Exploring Cyber criminality and Security in Kenya and Africa Inventory and Research

Priorities,” presentation of research findings to International Development Research

Centre (IDRC), Dakar, Senegal (2010).

51. “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.

52. “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.

53. “The Historical Context of the Interim Independent Constitutional Dispute Resolution

Court (IICDRC) in Kenya,” Talking points for a presentation to a judicial retreat

organized by the Ministry of Justice and Constitutional Affairs in collaboration with the

United Nations Development Programme (UNDP) at the Naivasha Simba Lodge on

February 15, 2010.

54. “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.

43

55. “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.

56. “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.

57. “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.

58. “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.

59. “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.

60. “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.

61. “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.

62. 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.

63. “Business modernization of IP institutions in Kenya and Africa: use of information

technology in IP management,” presentation at the Inter-regional forum on Development

and Service oriented IP administration held at the World Intellectual Property

Organisation (WIPO) headquarters in Geneva, July 1-2nd

, 2008.

64. 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)

44

65. “Democratizing the electoral process,” Presentation at the Law Society of Kenya

Conference, 27th

-30th

August 2008, Leisure Lodge Resort, Mombasa.

66. “Copyright for non-fiction authors” A presentation for the Kenya Non-Fiction Authors

Association (KENFAA), January 26, 2008, Kenya National Theatre, Nairobi.

67. “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.

68. “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.

69. “Intellectual property in business and development in Kenya,” presentation at workshop

on Anti-Counterfeiting and Intellectual Property Strategies in Kenya, September 19–20,

2006.

70. “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.

71. “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.

72. “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.

73. “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.

74. Prof Ben Sihanya & Dr Osita Ogbu, On technology transfer: TRIPS leaves Africa in the

cold study under African Technology Policy Studies Network (ATPS) Technology Brief

(Nairobi) (December 2003).

75. “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-

45

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.

76. “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.

77. 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.

78. “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.

79. “Open sources and access to software and cyberspace in Kenya,” Paper presented at the

Stanford-UC Berkeley (April 2001) Conference on Democratization in Africa.

80. “Copyright’s fortunes: brought from Britain, copied for Kenya,” Coursework essay under

Prof. Paul Goldstein; obtained distinction; work in progress (2001; 2010).

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

consumers in the cyber society,” Presentation at International Association of Consumer

Law (IACL) Conference, Helsinki (May 1999).

82. “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.

83. 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).

84. 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.

46

85. 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)

86. “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.

87. “Integrating technology transfer under TRIPs for Africa’s development,” study for

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

88. “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).

89. “Innovation, technology transfer and IP: the missing link in Constitution making in

Kenya,” Speech at the Rotary Club of Milimani (Nairobi) lunch (September 2001).

90. “Making TRIPs work for Kenya’s development,” Speech at the Institute of Economic

Affairs (IEA) public forum, Nairobi (August 15th

, 2001).

91. “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).

92. “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.

93. “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).

94. Y2K Legal Guidelines for Kenya; and Elements of Kenya’s Policy on Y2K Report to the

national Y2K Steering Committee and National Y2K Co-ordination Centre, Nairobi

(November-December 1999). (Published as a special issue of the Government of Kenya’s

Gazette)

95. 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)

96. The Copyright Bill, 1999: Some Comments and Proposals Solicited comments to the

Office of the Attorney General, Nairobi (November 1999).

97. “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).

47

98. “Developing IT law in Kenya: intellectual property perspectives,” Paper presented at the

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

99. Regulating Internet Services in Tanzania Consultancy report for Tanzania

Communications Commission, Dar es Salaam (Jan. 1999).

100. Regulating Payphone Services in Tanzania Consultancy report for Tanzania

Communications Commission, Dar es Salaam (Jan. 1999).

101. 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).

102. “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).

103. “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).

104. “Intellectual property in Kenya: perspectives on Internet and software

innovations,” Consultancy report for Telecom Forum Africa Ltd. (TFA), Nairobi and the

Netherlands (1997).

105. “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).

106. Ben Sihanya & Lawrence Mute (1997) Community Broadcasting in Kenya: Policy

and Strategic Considerations Consultancy Report for the Kenya Community Media

Network (KCOMNET), Nairobi, April.

107. Ben Sihanya & Lawrence Mute (1997) Draft Community Broadcasting Bill Draft

Sample Bill for KCOMNET, Nairobi, April.

108. Ben Sihanya & Lawrence Mute (1997) Code of Conduct for Community

Broadcasting Sample Code of Conduct for KCOMNET, Nairobi, April; Presented (with

Lawrence Mute) the policy document, Code of Conduct, and the Bill on Community

Broadcasting to the national Task Force on Media Law (prepared as consultancy reports

for KCOMNET) (April 24, 1997).

109. “The Draft Telecoms Act, 1996: Critical issues in regulatory policy,” Consultancy

report for Africa Online, Inc., Boston (US) and Nairobi (Oct. 1996).

110. “Efficient regulation of the Internet in Kenya,” Consultancy report for Africa Online,

Nairobi and Boston, US (June 1996).

48

111. “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.

112. “Pornography in the Internet: addressing regulatory dilemmas in Kenya,” Consultancy

report for Africa Online Inc., Boston (US) and Nairobi (May 1996)

113. “Africa Online, KP&TC and Internet regulation in Kenya,” Consultancy report for

Africa Online, Inc., Boston, US and Nairobi. (April 1996).

114. “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).

115. “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.

116. “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.

117. “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).

118. “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.

119. “Publishing agreements and copyright law,” Seminar presentation to African Centre for

Technology Studies (ACTS)/Initiatives Limited Staff (October, 1990)

120. “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.

121. “Environmental ethics,” Policy Outlook Paper for the African Centre for Technology

Studies (ACTS) (October 1990).

N. ACADEMIC PRESENTATIONS AND PROFESSIONAL TRAINING CONDUCTED

KEYNOTE SPEECHES

49

1. “Intellectual property and innovation audit, valuation, and commercialisation in Kenya,” at

the University of Nairobi Innovation Research Symposium held on March 6, 2018 at the

University of Nairobi.

2. “Patent, Trade Mark, Copyright and related rights” during the Train-the-Trainer program for

judges in Abuja Nigeria from July 17-19, 2018.

3. “Innovation, Intellectual Property and Sustainable Economic Development in Kenya” a

presentation made at Konan University on January 29, 2016.

4. “Traditional Knowledge and Intellectual Property Rights management in Kenya” a

presentation made at the Intellectual Property Workshop in Kansai University, Japan on

January 30, 2016.

5. Moderator during the “Trade and Public Health in the context of ending AIDS” conference

organised by the World Trade Organisation held at Serena Hotel on December 15, 2015.

6. “Improving Service Delivery Through ICT and management Revitalisation” a key note

speech delivered at the2nd Annual International Conference on Technology and Management

2015 (ICTM-2015), 2nd-4th August, 2015 at Hotel Africana Kampala

7. Trained on African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), Regional Trade Policy Course, University of Botswana, Gaborone, Botswana, June

28 - July 4, 2015

8. Moderated and presented on “Copyright and Broadcasting in the Digital Environment:

Challenges and Opportunities” at the ARIPO National Roving Seminar on Making Better

Use of Intellectual Property for Business Competitiveness and Development in Africa:

Protection and Promotion of Copyright and Related Rights, organised by the African

Regional Industrial Property Organisation & the Kenya Copyright Board held on March 16

2015 to March 17, 2015 at Sarova Stanley Hotel, Nairobi Kenya.

9. National and County Government Legislative process in Kenya” at FIDA-Kenya on March 3,

2015.

10. “Continuity of Constitutional Implementation in Kenya” Presented at Conference on

Continuity of Constitutional Implementation in Kenya at Strathmore Law School, January

27, 2015.

11. Presentation on managing Intellectual Property in the Advertising Industry, organised by the

World Intellectual Property Organisation (WIPO), Geneva at Silver Springs Hotel on Friday,

November 28, 2014.

12. Presentation on “Emerging Electoral Jurisprudence in Africa” at the International Conference

organized by The Electoral Institute (TEI) of the Independent national Electoral Commission

(INEC) and the Ford Foundation, held in Abuja Nigeria, on Monday, January 19, 2015.

50

13. “Rationale, Policy, and Legislative Road Map on Kenya’s Access to Information Bill 2014”,

a presentation to the Editors’ Guild on the nexus between media freedom, freedom of

expression and freedom of information, organized by the International Commission for

Jurists (ICJ) Kenya and Media Council, at Simba Lodge, Naivasha on October 11, 2014.

14. “Devolution in Kenya National Government vis-à-vis County Government and the Legal

Effect of Transition” Presented at the State Counsel Workshop, September 11, 2014, at

Great Rift Valley Lodge in Naivasha.

15. “The history and transition of the Auditor-General from a Department in the Ministry of

Finance to and an Independent Office” at the Media Workshop Organised by the Office of

the Auditor-General on June 27, 2014, at Lukenya.

16. “Constitutional questions on Security Governance in Kenya, 1963-2014,” at a Joint

Symposium between the University of Nairobi and USIU at the United International

University - Africa (USIU) on the Government Approach to Security from a Constitutional

Perspective, Nairobi on June 20, 2014. Presenter and Co-ordinator.

17. “Applying and enforcing fourth generation rights under the Constitution of Kenya” Presented

at the State Counsel Workshop at Great Rift Valley Bridge, Naivasha, September 12, 2014..

18. Presented findings of the LSK Committee to Review the Electoral Process (CREP) report on

“Securing Electoral Justice after 2013 Kenya General Elections” organized by the Electoral

Institute for Sustainable Elections in Africa (EISA)and the Law Society of Kenya (LSK) held

on 18th – 20th September 2014, Simba Lodge, Naivasha.

19. “Copyright challenges and prospects for authors in Kenya,” working paper presented to

students of Diploma in Communication and the public at St. Paul’s University, Nairobi, July

23, 2013.

20. “Quality assurance in Kenya’s basic education,” draft paper presented at Riara University on

July 19, 2013 during the first annual international conference on education.

21. “Emerging issues in intellectual property (IP), defamation, privacy, data protection,” working

paper presented on Intellectual Property Laws & Practices, on June 14, 2013, at the Panari

Hotel, Nairobi organized by Law Society of Kenya’s (LSK’s) Committee on Continuing

Legal Education (CLE).

22. “Copyright law and Government policy for the creative industry in Kenya,” working paper

presented on Friday, July 5, 2013 at Strathmore Law School Open African Innovation

Research &Training(workshop)

51

23. Appointed by the Kenya Revenue Authority (KRA) to be an intellectual property consultant

in two cases, Samson Ngengi Njuguna v Kenya Revenue Authority (Nairobi HC Civil Suit

No. 730 of 2012) and Arbitration Proceedings between Samson Ngengi Njuguna and Kenya

Revenue Authority, approved by the Attorney–General.

24. Lead Consultant, drafting of Kenya Institute of Curriculum Development (KICD)

Regulations 2013, KICD, Nairobi.

25. Lead Consultant, drafting of Kenya National Examination Council (KNEC) Rules 2013.

26. “Overview of the effect of the Constitution 2010, KNEC Act No 29 of 2012, Basic Education

Act No. 14 of 2013, TIVETA Act No. 29 of 2013 and other relevant values and regulations

on KNEC functions and activities,” presentation to KNEC Top Management, North Coast

Hotel, Kikambala (Mombasa).

27. Judge for the International Rounds of the Price Media Law Moot Court Competition 2013 at

the University of Oxford, United Kingdom, April 10-12, 2013.

28. Expert Panellist at a forum on hate speech at Oxford University, presenting “Hate speech

versus freedom of expression in the context of the Kenyan presidential elections 2013,” April

9, 2013.

29. “Devolution and Education,” a presentation at validation meeting of experts aimed at

critiquing KHRC publication on devolution and human rights on Thursday, April 4, 2013 at

the Palacina.

30. 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.

31. Presentation to students of Diploma in Communication on Copyright challenges and

prospects for authors in Kenya, St. Paul’s University, Nairobi, November 8, 2011.

32. Trained on African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), University of Swaziland, Trade Policy Training Programme, July 19-21, 2011

33. 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.

34. 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.

35. Taught African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), University of Swaziland, Trade Policy Training Programme, November 15-17,

2010.

52

36. 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.

37. “Intellectual Property and Transfer of Technology Regulation, Management and

Administration in Kenyan Universities,” paper to be presented at Moi University’s 6th

Annual International Conference on Knowledge Management and Applied Technological

Innovations for Sustainable Development at Moi University from September 7-11, 2010;

abstract available at www.innovativelawyering.com& Sihanya Mentoring, Nairobi &Siaya,

Kenya.

38. 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.

39. Taught African regional experiences on Trade Related Aspects of Intellectual Property

(TRIPs), University of Swaziland, Trade Policy Training Programme, July 16-17, 2009.

40. Taught Comparative Constitutional Law under the Nairobi International Law Institute (of the

University of Nairobi and Widener University, USA), June – July 2009.

41. 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.

42. 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.

43. “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.

44. “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.

45. “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.

53

46. “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.

47. “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.

48. “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.

49. 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.

50. “Democratizing the Kenyan electoral process,” Presentation at the Law Society of Kenya

Annual Conference, Mombasa, 27-30 August, 2008.

51. “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.

52. “Copyright for non-fiction authors,” a presentation for the Kenya Non-Fiction Authors

Association (KENFAA), January 26, 2008.

53. “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.

54. “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.

55. 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).

56. “Copyright and related rights economic potential to performing artists,” paper presented to

the Training workshop for performing artists organized by the Kenya Copyright Board and

the Society for Performing Artists of Kenya (SPAK), The Kenya National Theatre, April 20,

2006.

57. “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.

54

58. “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.

59. 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.

60. 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.

61. “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.

62. 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.

63. “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.

64. Intellectual property in society and in the market place: training of members of (University

Law School) Students for Free Enterprise (SIFE), April 28, 2005.

65. “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).

66. “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.

67. “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.

68. “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)

55

1. “The Constitution of Kenya,” Paralegals Training on behalf of the International

Organization for Migration (IOM) in Homa Bay, Homa Bay County, 2016; Nairobi,

1/11/2016.

2. Participated in the Kenya Industrial Property Institute (KIPI) Board Induction organised by

the State Corporations Advisory Committee (SCAC) on November 5–6, 2015 Mombasa.

3. Participated in the Kenya Industrial Property Institute (KIPI) Board Induction organised by

the State Corporations Advisory Committee (SCAC) on 5/11/ 2015, Mombasa.

4. Consultancy on the “Development of Content on Civic Education on Devolution” under the

Ministry of Devolution, 15/1/ 2015.

5. Election observer under the auspices of the Law Society of Kenya for the Kenyan

Presidential Elections of December 27, 2007 and March 4, 2013; observer of the voting,

counting, tallying and related processes (tallying at KICC in 2007; at the Bomas of Kenya in

2013).

6. Consultant Specialist in Intellectual Property Law in the case Samson Ngengi Njuguna v.

Kenya Revenue Authority, High Court Civil Suit No. 30 of 2012 and the Arbitration

Proceedings between Samson Ngengi Njuguna and Kenya Revenue Authority (KRA)

(appointed by KRA).

7. Appointed Head of the Westlands Constituency Transition Team and Lead Consultant, by the

MP Hon Tim Wanyonyi Wetangula, March 2013.

8. Consultant and Author, Law Society of Kenya (LSK) and Judicial Working Committee on

Election Preparations, Handbook on Elections “Equipping the justice and legal sector with

essential skills, appropriate attitudes and necessary knowledge to participate in electoral

disputes,” April 2013.

9. Appointed by the Law Society of Kenya as one of a nine-member committee conducting an

audit of the March 4, 2013 General Election, on March 27, 2013.

10. 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).

11. 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.

12. 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.

56

13. 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.

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

15. 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.

16. 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.

17. Vice Chair, and Member of the National Task Force on the Review and Harmonisation on

Education, Training and Research Law in Kenya, January 2006–November 2008; Appointed

by the Minister of Education, Science and Technology); Report: Harmonization of the Legal

Framework on Education, Training and Research.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. Human rights training of Senior Government officials – a project of the Kenya National

Commission on Human Rights (KNCHR), January 2005-2006(?).

57

24. Ministry of Education Science and Technology, Workshop on Validation of the Report of the

National Education Conference Report of November 2003 (2004).

25. 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.

26. 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.

27. 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

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.

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

Regulations, 2003.

29. 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.

30. Constitution of Kenya Review Commission (CKRC) (integrating innovation, technology, and

intellectual property into Kenyan constitutionalism), 2002.

P. FUNDRAISING AND RESOURCE MOBILISATION: INTERNATIONAL, INTER

GOVERNMENTAL, CORPORATE AND OTHER CONSULTANCIES, (1989–) (See

also K, L, M, O and X)

1. “E-transaction policy and practise in Kenya” (2017) a consultancy done for International

Telecommunications Union (ITU) and Communications Authority (CA) of Kenya, May 2-

5, 2017.

2. Community Paralegal Training in Kenya: Participant’s Handbook, Chapter 5 on “The

Constitution,” consultancy for the International Organization for Migration (IOM),

November – December, 2016.

3. Community Paralegal Training in Kenya: Participant’s Handbook, Chapter 23 on

“Migration,” consultancy for the International Organization for Migration (IOM),

November – December, 2016.

58

4. Legal consultant in collaboration with Sumit Strategies for Ketraco “Provision of fibre optic

cable commercialization consultancy.” – July 18, 2016 to December, 2016.

5. Consultancy bid for Kenya Association of Manufacturers (KAM) on “Study on the East

Africa Community (EAC) region Intellectual Property Regime and trade mark registration

legal framework.”

6. Development of County Revenue Laws in Kenya a consultancy done for the Commission for

Revenue Allocation (CRA) and Kenya Association of Manufacturers (KAM) 2014-2015.

(Bid and won the consultancy).

7. Engaged as a project coordinator, through the Faculty of Law, University of Nairobi to

develop the bachelor of Laws Curriculum for South Eastern Kenya University.

8. “Conceptual framework, methodology and strategy on public interest litigation (PIL) in

Kenya,” (2013) a consultancy done for GIZ Good Governance Programme, December 6,

2013.

9. Legal opinion on the characteristics of and distinction between the French Bureau de Liaison

and the English “Branch Office,” Consultancy for Danone Baby Nutrition Africa Overseas

(DBNAO), Kenya Branch, November 13-14, 2012.

10. Reviewed Intellectual Property Rights: Review of Patents Regulations in Kenya, Paper by

Ms Anne Gitonga of Kenya Institute for Public Policy Research and Analysis (KIPPRA).

(KIPPRA Working Paper Series No. 18, 2011)

11. “Constitutional Implementation in Kenya: Challenges and Prospects,” A study under the

auspices of the Friedrich Ebert Stiftung (FES) and University of Nairobi’s Department of

Political Science & Public Administration, Occasional Paper Series, Nairobi (2011).

12. Empowering Authors in Kenya Copyright and Alternative Publishing under Open

Scholarship: Research for the African Innovation Research on Intellectual Property’s Role in

Open Development, University of Cape Town, South Africa. (2011-2013)

13. “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.

14. “Survey on Intellectual Property Rights and Anti-counterfeiting in Kenya,” Insighting Ideas,

Inc., California, USA, September 16, 2009-(2010).

15. “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.

59

16. “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-

17. Africa Copyright and Access to Knowledge (ACA2K) under the auspices of IDRC,

University of Witwatersrand LINKS centre and Shuttleworth Foundation. Draft Kenya

Country Review and Executive Policy Brief on the ACA2K, October 1, 2007 – January 31,

2010 (book launched at the University of Cape Town South Africa, Saturday, 31.7.2010).

18. “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.

19. 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.

20. “Exploring cybercrime and security in Kenya: Status and research priorities” International

Development Research Centre (IDRC), Dakar, Senegal, August 20, 2009- November 10,

2009.

21. 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.

22. 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).

23. Appraisal of Agenda 4 as a Way Forward Toward Achieving Accountability and Good

Governance in Kenya, Transparency International - Kenya, February 1 – 28, 2009.

24. “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.

25. 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.

26. Monitoring an eTraining Course on Introduction to the WTO for government officials from

developing countries, World Trade Organization (WTO), Geneva, 2006-2007.

27. Report on establishing a peer review mechanism for the Institute of Certified Secretaries

(ICPSK), ICPSK, Nairobi, September 2007; February 2009.

60

28. Review of the Nairobi Metro 2030 Strategy, Kenya Institute for Public Policy Research and

Analysis (KIPPRA), October 2008.

29. 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.

30. Entrenchment of the Pan Africa Christian University (PACU) Charter, PACU, Nairobi, May

2008.

Q. DRAFTING LEGISLATION, BY-LAWS, RULES, REGULATIONS AND

CONTRACTS

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.

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. 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).

6. Chairman, Drafting Committee of the Task Force on the Re-alignment of the Education

Sector to the New Constitution (2011).

7. Drafting Rules and Regulations under Kenya’s Copyright Act, 2001, as part of the Legal

Affairs Committee of the Kenya Copyright Board (KECOBO).

8. Drafting Amendments to the Copyright Act, 2001, in the Legal Affairs Committee of the

Kenya Copyright Board to which I belong.

9. Drafted National Economic and Social Council Bill, 2003 (drafted for Government of

Kenya/UNDP), 2003(?).

10. Co-drafted Draft Media Bill on behalf of stakeholders, 1997/8, for the Task Force on

Media Law, appointed by the A-G.

61

11. 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).

12. Co-reviewer and Co-drafter, Industrial Property Act, 1989.

13. Co-drafted Industrial Property Bill (under the auspice of the National Council for Science

and Technology (NCST), 1989.

14. Drafted Y2K Policy (year 2000 Millenium Bang) published as Kenya Gazette No. 7560

of 1999.

15. Drafted Y2KLegal Guidelines (under the auspice of the National Y2K Committee)

(1999).

R. WORK IN PROGRESS: PROFESSORIAL RESEARCH AGENDA, 2006-2020

My Professorial Research agenda (2006-2020) has already spawned books, articles, PhD

dissertations, Masters theses and projects, LLB dissertations, consultancies and related reports,

Newspaper articles and the Sihanya Mentoring Programme. The agenda (was reviewed to cover

2010-2020) and is organised thematically:

1. Intellectual Property, Innovation and Transfer of Technology (ToT) in Kenya and

Africa

a. Member of the Committee on the development of the University of Nairobi Incubation

Policy (2014-2015).

b. “Copyright in Musical works in Kenya” (forthcoming 2017).

c. “Artistic works, visual arts and design Copyright in Kenya” (forthcoming 2017).

d. IP, Innovation and ToT Administration and Regulation in Kenyan universities and research

and development (R & D) institutions.

e. “Copyright’s commons and balance in Kenya: the significance of Prof Paul Goldstein and

Stanford Law School on the debate on rights, limitations and exceptions.”

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

of Transnational Intellectual Property; doctoral dissertation, Stanford Law School

(forthcoming book, 2019).

g. “Copyright Law and the Cultural Industries in Kenya Since 1895-2003: Political economy

and construction of intellectual property (forthcoming 2017).

h. Opening Sources for Kenya’s Development: The Discourse on Intellectual Property and

Technology Transfer in Access to Software and Cyberspace JSM thesis Stanford

Programme of International Legal Studies (SPILS), Stanford Law School (August 2001)

(draft book).

i. Consumer Law in Kenya and Africa (forthcoming 2020).

j. Copyright Cases in Kenya, Ben Sihanya (forthcoming book 2020).

k. Trade Mark Cases in Kenya, (forthcoming book 2020).

l. Intellectual Property, Innovation and Technology Transfer in Kenya and Africa: Cases and

Materials (draft book due 2019).

m. “Folklore – ‘copyright’ made in Kenya and Africa?” (2015).

62

n. “Trade mark law and practice in Kenya.” (2014).

o. “Copyright in education, research, administration and governance,” (forthcoming 2018)

presentation for the first multidisciplinary research conference on the Relevance of Applied

Research to Society, USIU, November 12-14, 2013.

p. “ICT regulation in Kenya: a personal testament” (forthcoming 2018), contribution to the

IDRC-coordinated book on ICT development in Kenya: history and personal experiences.

2. Kenyan and African Cultural Politics and Intellectual History a. Ben Sihanya et al., Law and Development in Kenya and Africa: Concepts, Theories,

Histories and Themes (forthcoming 2018).

b. Cultural Politics and Intellectual History in Kenya

c. “Reforming social and economic justice under the Kenyan Constitution,” (forthcoming 2017)

in Anthony Munene et al. (eds) (2013) Implementing the Bill of Rights: Essays From Kenya

d. Dr Adams Oloo & Prof Ben Sihanya (eds) The Kenyan Electoral Law and Process after

2007 (forthcoming 2018).

e. Review book chapter, “Party primaries and ‘free and fair’ elections in Kenya” in

Constitutional and Legal Regulation of Party Primaries for free, fair and accountable

elections in Kenya (forthcoming 2018).

3. Kenyan and African Comparative Constitutional Democracy – including Political

Economy

a. “Reforming, Implementing and Enforcing the Constitution of Kenya 2010: interests,

rationales, themes, theory, history, process, structure and outcomes”

b. Presidency, Premier, Bureaucracy and Administrative Justice in Kenya (forthcoming

book, 2018).

c. “Raila Odinga: Constitutional engineering for the Second and Third Republic in Kenya.”

d. “Kenyatta, Moi and Kibaki and the dynamics of the Kenyan presidential Constitution and

administration in Kenya.” Chapter in Constitutional Democracy in Kenya and Africa

(CODEKA) 2.

e. “Kenya 2013: like Ghana or Zimbabwe? The promise of an Obama doctrine.” Chapter in

CODEKA 1 & 2.

f. “Reforming Kenyan security: policies, laws, institutions, administration and diversity in

personnel.”

g. Constitutional Process in Kenya and Africa: Law, Politics and Methodology (forthcoming

book). Chapter in CODEKA 2.

63

h. Constitutionalising cultural expression, innovation and copyright in Kenya (forthcoming

book).

i. Constitutionalising innovation, technology and intellectual property in Kenya: copyright,

trade mark and patent (forthcoming book).

j. Regulating CSOs and NGOs in Kenya (forthcoming book). Chapter in CODEKA 1 & 2.

k. “Presidential political power play in Kenya: the quest for legality, validity, and legitimacy

in Kenya’s constitutional review, since 1963” (or presidential v. judicial and party politics

in constitutional review), already presented at two ICJ Kenya workshops, and at University

of Nairobi Law School staff lunch, 2004, and used in teaching (forthcoming monograph).

4. Education, Training, Research and Mentoring Law in Kenya and Africa

a. George Otieno Odhiambo & Ben Sihanya, Brain Drain in Kenya’s Higher Education

in the Context of Globalization (forthcoming).

b. Regulating Media Training under the Constitution of Kenya [or under Kenya’s

Constitution], The Media Observer, a publication for Media Council of Kenya

(forthcoming).

c. “Dean Law: the academia, administrator, mentor and public intellectual” (forthcoming

2018)

d. “Regulating legal education and training in Kenya: levels, institutions, and

accreditation process (admissions, teaching, exams, student and staff welfare)”

e. “IP and quality assurance in Kenyan universities: revisited”

f. Education, Training and Research Law in Kenya (forthcoming 2018).

g. Education, Training and Research Law in Kenya: Cases and Materials (forthcoming

2018).

h. Cultural Politics and Intellectual History (forthcoming).

5. Information and Communication Technology Law in Kenya and Africa

- “ICT regulation in Kenya: a personal testament” (forthcoming), contribution to the IDRC

coordinated book on ICT development in Kenya: history and personal experiences.

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

innovation

- Poems on identity and identity politics

- Poems to promote innovation, creativity and intellectual property

64

- Poems to promote leadership, constitutional government

S. MEDIA APPEARANCES (see also L (v) above: Articles in peer reviewed magazines)

I have contributed to live debates in the print, electronic and social media through personal

presence or being quoted among others. Some of the media appearances are listed in Annex 2.

1. Quoted in Fred Oluoch and Erick Oduor (2017) “Last ditch efforts for compromise ahead

of October 26 elections,” The East African, Nairobi, October 23, 2017 at

http://www.theeastafrican.co.ke/news/Kenya-elections-dialogue-Kenyatta-Odinga/2558-

4149974-ihpbpwz/index.html

2. Quoted in Olive Burrows (2017) “Forms 34A, B back in focus as court rules on

Chebukati role,” Capital News, Nairobi, October 17, 2017, at

https://www.capitalfm.co.ke/news/2017/10/forms-34a-b-back-focus-court-rules-

chebukati-role/

3. Part of the team of University academics and intellectuals who visited to honour and

consult Prof Bethwell Allan Ogot at his Yala home on 28/12/2016; John Oywa (2017)

“At 88, historian Ogot not prepared to write his last word yet,” The Standard, Nairobi,

January 8, 2017.

4. Quoted in Lilian Aluanga (2016) “The Government is oppressive and unfair on treatment

of bloggers,” The Standard Newspaper , Nairobi, January 30, 2016, at

https://www.standardmedia.co.ke/m/story.php?id=2000189825&pageNo=2

5. Emcee (MC) for the June 6, 2016, for Council of Governors’ former CJ Willy Mutunga

farewell dinner.

6. Quoted in Nzau Musau (2016) “Why deeper reforms are needed now at besieged IEBC”

Sunday Standard, Nairobi, May 22, 2016, at

http://www.standardmedia.co.ke/article/2000202656/why-deeper-reforms-are-needed-

now-at-besieged-iebc/?pageNo=2.

7. Quoted in Justus Wanga (2016) “Kenya: Governors face contests in 15 battleground

counties” Daily Nation, May 1, 2016, at

http://www.nation.co.ke/news/politics/Governors-face-stiff-contests-in-15-battleground-

counties/1064-3183808-dnll29/index.html

8. Quoted in Nzau Musau (2014) “Parliamentary vetting of public officials in Kenya:

opinion split on effectivity,” at

http://www.standardmedia.co.ke/worldcup/article/2000136409/parliamentary-vetting-of-

public-officials-in-kenya-opinion-split-on

65

effectivity?articleID=2000136409&story_title=parliamentary-vetting-of-public-officials-

in-kenya-opinion-split-on-effectivity&pageNo=3.

9. In court during the Supreme Court hearing of petitions No. 11 and 12 of 2016.

10. Kenya Broadcasting Corporation (KBC), National Aids Control Council, World Trade

Organisation, Serena Hotel, Ben Sihanya was the moderator (2015)

11. Interviewed live by Citizen TV, Cheche Show, on Access to Information on October

27, 2014.

12. Quoted in Nzau Musau (2014) “Parliamentary vetting of public officials in Kenya:

Opinion split on effectivity, ” at

http://www.standardmedia.co.ke/worldcup/article/2000136409/parliamentary-vetting-of-

public-officials-in-kenya-opinion-split-on

effectivity?articleID=2000136409&story_title=parliamentary-vetting-of-public-officials-

in-kenya-opinion-split-on-effectivity&pageNo=3 (accessed 12/5/2017)

13. Quoted in Justus Wanga (2014) “Too many interests stand in the way of the

Constitution”, at http://www.nation.co.ke/news/politics/Too-many-interests-stand-in-the-

way-of-the-Constitution/-/1064/2428978/-/13iuyu9z/-/index.html.

14. Quoted in Nzau Musau (2014) “Lawyers fault Mutunga's proposal to bring in

commonwealth judges” at

http://www.standardmedia.co.ke/m/story.php?articleID=2000133318&story_title=Lawye

rs-fault-Mutunga-s-proposal-to-bring-in-Commonwealth-judges.

15. Quoted in Kevine Omollo (2013) “‘NaombaSirkal’ mom wants phone companies to

pay her,” The Standard, December 12, 2014 at

http://www.standardmedia.co.ke/mobile/?articleID=2000095420&story_title=naomba-

sirkal-mom-wants-phone-companies-to-pay-her&pageNo=1 (accessed 8/2/2014).

16. Quoted in John Ngirachu (2014) “Wambora probe begins tomorrow,” Sunday Nation,

February 9, 2014, at 26.

17. Quoted in George Magoha (2014) “Professors pay glowing tribute to ‘academic

doyen,” Sunday Nation: Lifestyle, February 9, 2014, at 5 (Tribute to Prof David P.S

Wasawo by Prof Magoha, VC, University of Nairobi).

18. Interview with Radio Maisha on the Constitutional, juridical and jurisprudential

perspectives and analyses of the Government’s handling of the West gate attack in Kenya

(2013), on 6/2/2014.

66

19. Quoted in Faith Ronoh (2014) “Constitutional implications of recent appointments,” The

Standard on Saturday, January 18, 2014 at 3.

20. Quoted in Fred Oluoch (2013) “Egypt’s lack of systems creates more turmoil,” The

East African, Nairobi (weekly), August 17-23, 2013, at 13.

21. Interview with KISS FM on accommodation of university students on September 2,

2013.

22. Quoted in Jacob Ng’etich (2013) “Intrigues that almost marred Uhuru swearing-in

ceremony” The Standard on Sunday, July 14, 2013 at 4.

23. Quoted by Nation Reporter (2013) “LSK warns legislators over changes of Law” Daily

Nation (Nairobi), Friday, June 21, 2013, National News, at 2

24. Expert Panelist in an aired debate on “The land question in Kenya” in The Panel, weekly

programme filmed by GBS TV, Friday, aired on April 12, 2013 on GBS from 8 pm to

8.50pm.

25. Interview with Carol of Taifa Leo, on “Ambivalence by the international community on

Uhuru Kenyatta,” Saturday, March 30, 2013.

26. Quoted in Mangoa Mosota (2013) “LSK to probe poll electronic failure,” The Standard,

Education, March 28, 2013, at p 17.

27. Quoted in Jacob Ng’etich (2013) “Uhuru trips abroad pointer to what shade foreign

policy will take” The Standard on Sunday, Nairobi May 12, 2013, Power & Politics at p

20.

28. Interviewed three times at Kass TV on the land question; transition and criminal justice in

Kenya.

29. Interview with Fred Oluoch on consequentialist arguments regarding the Presidential

Election Petition, Friday, March 29, 2013. (consequences of invalidation)

30. Interview with Swedish National Broadcasting Station, Sveriges Television (SVT) on the

March 4, 2013 presidential elections verdict, aired on Saturday, March 30, 2013 through

the United Nations (UN) News system.

31. Interview with Fred Oluoch, The East African on the ICC question, the rule of law, and

the Uhuru Kenyatta question in national governance and international relations, March

2013.

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32. Interview with Joanne Wanjala of Standard Media Group on University Education today,

March 20, 2013.

33. Panelist on presidential elections of 4/13/2013 and role of IEBC with Martin Oloo,

interviewed by Yvonne Okwara of KTN, Saturday 9/3/2013.

34. Interviewed on land, KTN, Newsline with Louis Otieno on Land and Poverty, Feb 13,

2013, at,

http://www.youtube.com/watch?v=HIaYTs4hb5A&list=UUKVsdeoHExltrWMuK0hOW

mg&index=1 (accessed 25/3/2013).

35. “Kenyans have a chance of launching a second republic,” comprehensive interview with

Nzau Musau, The Star, Nairobi, March 5, 2013, also at, http://www.the-

star.co.ke/news/article-110540/kenyans-have-chance-launching-second-republic

(accessed 22/3/2013).

36. Quoted in Augustine Oduor (2013) “High enrolment rate to blame for dismal showing,”

The Standard, KCPE Results, 30/1/2013, at 4.

37. Quoted in Daniel Kibor, Michael Chepkwony & Osinde Obare (2013) “Blame-game as

schools and candidates ponder dismal results in KCSE: Fate of those with low marks in

doubt as quality queried,” The Standard, 31/1/2013 at 6.

38. Quoted in Augustine Oduor (2013) “High enrolment rate to blame for dismal showing,”

The Standard, KCPE Results, 30/1/2013, at p. 4.

39. Quoted in Daniel Kibor, Michael Chepkwony &Osinde Obare (2013) “Blame-game as

schools and candidates ponder dismal results in KCSE: Fate of those with low marks in

doubt as quality queried,” The Standard, 31/1/2013 at p. 6.

40. Quoted in Nzau Musau (2012) “Parties coalition pacts face legitimacy test,” the Star

7/12/2012, at, http://www.the-star.co.ke/news/article-98649/parties-coalition-pacts-face-

legitimacy-test (accessed 30/1/2013).

41. Interview with Deutschewelle Kiswahili Radio on political developments in Kenya in the

run-up to the 2013 General Elections (Interview by Bruce Amani; conducted in

Kiswahili), September 27, 2012.

42. 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.

43. Nation/NTVKenya interview – “Kibaki, Mudavadi US Trip fuels speculation,” Sunday

Nation (Nairobi), September 16, 2012 by John Ngirachu at; quoted in the story.

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44. Interview with Kiss FM on Security in universities and related education institutions.

United States International University student kidnapped & killed. (July 2012).

45. Nation/NTVKenya – “Legal experts differ over suspensions [of two cabinet ministers by

the Prime Minister,]” Monday, February 15, 2011(quoted)

46. Nation/NTVKenya – “ODM wants Annan back,” Monday, February 15 2010 (quoted)

47. Nation/NTVKenya – “Kenya gay demand recognition” by Lucas Barasa and Joy Wanja

Tuesday, May 18, 2010 (quoted)

48. Nation/NTVKenya – “Campaigns now shift from Draft to Succession Politics,” Saturday,

June 26, 2010 by Fred Oluoch (quoted)

49. Nation/NTVKenya – “Parallel degrees faulted at meeting,” Friday, July 6, 2012 by David

Aduda (quoted)

50. Nation/NTV Kenya – “Debate over PM’s power to suspend officials

[Ministers]” Sunday, February 14, 2010 by Walter Menya (quoted)

51. Nation/NTVKenya–Sihanya & Odera: “US ban justified under changing diplomacy

trend,” Saturday, October 31, 2009 by Ben Sihanya& Outa Odera (article; quoted).

52. Nation/NTVKenya – “Obama praises Kenya’s civil society,” Saturday, July

11, 2009 by Daniel Wesangula & Muchemi Wachira (quoted)

53. Nation/NTVKenya – “Alarm as 15,000 children lured into prostitution,” Saturday, May

23, 2009 by Daniel Wesangula (quoted)

54. Nation/NTVKenya – “Options for immortalising our two departed scholars,” Friday,

May 15, 2009 by Cabral Pinto (quoted)

55. Nation/NTVKenya – “Ogendo was an unrelenting champion of Land Reform,” Friday,

May 8, 2009 by Peter Mwaura (quoted)

56. Nation/NTVKenya – “Leading law scholar [Prof Okoth-Ogendo] dies in Ethiopian

Hospital,” Saturday, April 25, 2009 by Dave Opiyo (quoted)

57. Nation/NTVKenya – “Leading Kenya law scholar [Prof Okoth-Ogendo] dead,” Saturday,

April 25, 2009 (quoted)

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58. Nation/NTVKenya – “Ministries’ turf battles hurting nurses,” Saturday, March

28, 2009 by Daniel Wesangula (quoted)

59. Nation/NTVKenya – “Book set to spark fresh debate on impact of aid,” Thursday,

February 19, 2009 by Ken Opala (quoted)

60. Nation/NTVKenya – “Disgraced judge goes for top ECK job,” Wednesday, February

11, 2009 by David Mugonyi (quoted)

61. Nation/NTVKenya – “MPs to table list of Law Review Experts,” Monday, February

2, 2009 by Oliver Mathenge and Bernard Namunane (quoted)

62. Nation/NTVKenya “Brain gain, watering Africa’s desert,” Wednesday, September

24, 2008 by Kenneth Ogosia (quoted)

63. Nation/NTVKenya – “Lawyers want minimum reforms,” Wednesday, September

3, 2008 by Lucas Barasa & Nazish Dholakia (quoted)

64. Standard – “Year of Decision,” Sunday, Jan 1, 2012 (quoted)

65. 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.

66. 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.

67. November 27, 2008 interview by Citizen TV on the introduction of stringent rules on

political parties under the Political Parties Act.

68. November 20, 2008 interview by KISS FM on political party organs and the political

party structure esp. on the revival of the ODM Pentagon.

69. October 3, 2008 interview by Classic FM on the Kenya National Union of Teachers

(KNUT) strike.

70. September 15-21, 2008, The EastAfrican, quoted in “Power sharing bad for Africa, says

Kriegler” by Fred Oluoch, p.3.

71. September 13, 2008, National Public Radio (NPR) Constitutional review – Gwen

Thompkins –“ Kenya Struggles to Create New Constitution.”

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72. September 2, 2008, British Broadcasting Corporation (BBC), Interview on “Power

sharing in Africa and the Zimbabwe situation,” 8.00-10.00 pm.

73. August 29, 2008, Classic FM, interview on Constitutional Reform in Kenya.

74. February 16, 2008, The Standard quoted in “Diplomatic rows blow to economy, experts

warn,” by Oliver Mathenge.

75. Live interview on Intellectual Property Law, Citizen TV, Big Breakfast show, February

2008; Jimmy Gathu.

76. February 1, 2008, McLatchy Newspapers, “How Kenya’s Elections were Rigged” by

Shashank Benglali, available at www.mclatchynewspapers.com (analytical interview).

77. South Africa Broadcasting Corporation (SABC), interview on “the Post–election political

crisis in Kenya” on January, 2008 at University of Nairobi, Parklands Law Campus.

78. Interview on “election and transition 2007: Women and Kenyan elections governance”

a. (KBC TV, Sunday December 2, 2007).

79. BBC – “Satire in African Politics: Nigeria, Kenya, Zimbabwe, 2007.”

80. UASU strike – 2006 – featured in Nation Newspapers and NTV- Court Appearance.

81. 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).

82. Interviewed by NTV (Nation TV) on electoral politics, political wrangles in relation to

the 2007 elections in Kenya (May 23, 2005).

83. “Impact of US elections on Kenya and Africa,” Nation TV, November 2, 2004.

84. “Copyright law and enforcement,” KBC TV, Saturday April 17, 2004.

85. “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.

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86. Consumer protection discussion with Director of Kenya Consumer Organisation (KCO)

(1996) – Kenya Broadcasting Corporation (KBC) TV.

87. Interviewed by NTV on the Supreme Court decisions regarding elections on JunE4, 2014.

88. “Siaya lagging” The Weekly Review, Nairobi, May 25 1984; letter to the editor.

T. PUBLIC INTELLECTUAL, PUBLIC INTEREST LAWYERING AND ADVOCACY

1. Editor-in-Chief and Chair or Convener, LSK Editorial Committee- editing LSK Journal,

Advocate (LSK magazines) (2018-)

2. Member, Law Society of Kenya Editorial Committee, 2014 –. Co-Editor and Co-Convener

2017-2018.

3. Member, Law Society of Kenya (LSK) Committee on Protection and Ideal Implementation

of the Constitution (2015)

4. Member, Committee for Review of Electoral Process (CREP); an eight member committee

launched by LSK on July 3, 2013 to review March 4, 2013 General Elections.

5. Lead Consultant, Westlands – Leading in strategy; in development of strategic plan,

programmes; operationalization of strategy; chairing meetings of Transition and Technical

Committee; contracting; initiating and responding to correspondence; also Ag. Office

Manager (Strategic director and general office operations).

6. 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.

7. 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.

8. February 2004: Consulted for National Rainbow Coalition (NARC), Kenya’s ruling

coalition, on coalition building and constitutional process (Nanyuki II).

9. 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.

10. Consulted for African Population Health and Research Centre (APHRC) on intellectual

property law, contract and labour matters.

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11. Lead lawyer for the Universities’ Academic Staff Union (UASU) (2003-). I did the

following, among others:

a. Co-developed the negotiating and litigation strategy for UASU.

b. Acted as legal advisor to the UASU negotiating team, while negotiating the terms and

conditions of service with the Inter Public Universities Consultative Forum (IPUCF). This

led to the Collective Bargaining Agreement (CBA) and a return to work formula.

c. Acted as legal advisor to the UASU team in negotiating the Recognition Agreement.

d. Served as Chair of the National UASU Constitution Review Committee.

e. Panelist at the UASU team discussion - “Proposed National Constitution: Gains and

Losses,” Public Debate on Proposed Draft Constitution, invitation by Universities

Academic Staff Union, (UASU) (University of Nairobi), Friday, September 23, 2005.

12. Public Law Institute, a public interest litigation and human rights NGO. Programme

Officer, 1993-1998:

13. 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.

14. As the Legal Officer, Public Law Institute (PLI), Mombasa my tasks included:

a. Administrative tasks related to management of the office – as a field administrator of the

Mombasa Legal Aid Scheme for the underrepresented and unrepresented;

b. Training of pupil and court clerk;

c. Administered a Paralegal Training Programme in Kwale District (Mwaluphamba and

Mkongani Locations);

d. Provided legal advice, aid, assistance and intervention in about 350 files and matters;

e. Provided legal advice to about 600 other applicants whose matters did not merit opening of

files;

i. Offered advice and technical assistance on proposal drafting, institutional formation,

regulation and development, to the Legal Awareness Programme, Mombasa (LAP) and

Self Employed Women’s Association of Kenya (SEWAKE). LAP was formed from the

Legal Advice Centre’s Workshop at Likoni, Mombasa (April, 1993) from members of

consumer cooperatives, women groups and men’s groups for the advancement of legal

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awareness in Mombasa and coastal Kenya; provided legal advice on the formation and

operation of LAP and SEWAKE.

U. COURT APPEARANCE AND EXPERT LEGAL OPINIONS

Ben Sihanya has given expert opinions and appeared in court as amicus curiae on intellectual

property and innovation law and constitutional democracy matters that are of public interest. The

public interest cases include:

(vi) Supreme Court cases argued or co-prepared

a. Hon Raila Odinga & Hon Stephen Kalonzo Musyoka v. Independent Electoral &

Boundaries Commisssion & 2 Others, Presidential Election Petition No. 1of 2017

(Appeared for the Petitioner as part of the National Super Alliance (NASA) Legal

Team. The case challenged the validity of the August 2017 Presidential

Elections).

b. Hon Raila Amolo Odinga & Hon Stephen Kalonzo Musyoka v. Independent

Electoral and Boundaries Commission Chairman (IEBC) & Another, Election

Petition No. 1 of 2017 (Being an application under certificate of urgency by the

2nd respondent (IEBC Chairman) by way of Notice of Motion seeking Orders for

the Honourable Court to correct/or clarify its Judgment delivered on 20/9/2017.

Sihanya appeared for the Petitioner as part of the National Super Alliance

(NASA) Legal Team.)

c. John Harun Mwau & 2 Others v. Independent Electoral and Boundaries

Commission & 3 others Presidential Election Petition 2 & 4 of 2017

(Consolidated) (Appeared for the National Super Alliance as part of the NASA

legal team. The case challenged the validity of the October 26, 2017 Presidential

Elections).

d. Gatirau Peter Munya v. Dickson Mwenda Kithinji & 2 Others, Petition No. 2b of

2014 (Co-argued the respondents case before the Supreme Court of Kenya in the

gubernatorial election petition).

(vii) Court of Appeal cases argued or co-prepared

a. Independent Electoral & Boundaries Commission v. Maina Kiai, Khelef Khalifa,

Tirop Kitur, Attorney-General, Katiba Institute & Coalition for Reforms &

Democracy, Court of Appeal (CA) No. 105 of 2017 (This was an appeal by IEBC

against the High Court ruling on declaration of election results at the 290

constituencies as opposed to the National Tallying Centre).

b. Independent Electoral & Boundaries Commission v. National Supper Alliance &

6 Others, Court of Appeal (CA) 224 of 2017 (This was an appeal against the High

Court ruling in Petition No. 378 of 2017).

c. Independent Electoral & Boundaries Commission v. National Supper Alliance &

6 Others, Court of Appeal (CA) 224 of 2017 (This was an appeal against the High

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Court ruling in Petition No. 378 of 2017 on the award of ballot paper printing

tender to Al Ghurair Printing and Publishing Llc).

d. Noah Akala Oduwo v. Independent Electoral and Boundaries Commission and 4

Others, Election Petition Appeal No. 3 of 2018 (Appeal from the decision of the

High Court of Kenya at Nairobi (Honourable Justice Msagha Mbogholi)

delivered on January, 9, 2018 in Election Petition No. 23 of 2017)

(viii) High Court cases argued or co-prepared

a. Dr Ekuru Aukot v. Independent Electoral & Boundaries Commission & 3 Others,

Petition No. 471 of 2017 (Appearing for Orange Democratic Movement (ODM),

4th

Respondent. The case challenged the validity of the gazettement of two

presidential candidates for the purposes of fresh elections as ordered by the

Supreme Court in Presidential Petition No. 1 of 2017)

b. Maina Kiai, Khelef Khalifa and Tirop Kitur v. IEBC and the Attorney General,

Petition No. 207 of 2016. (This was a case concerning the declaration of election

results at the constituency level)

c. R. v. Independent Electoral & Boundaries Commission & 6 Others, ex parte

National Super Alliance, Judicial Review Application 378 of 2017 (The award of

ballot paper printing tender to Al Ghurair Printing and Publishing Llc)

d. National Supper Alliance v. Independent Electoral & Boundaries Commission,

Petition No. 328 of 2017 (Appearing for the Petitioners, the Petitioner sought

declarations that the identification of voters and transmission of results for the

election to be held on 8th August 2017 be exclusively electronic)

e. Michael E. Bocha and Solomon G. Yako v. Coastal Aquaculture and 10 Others

High Court Civil Case No. 320 of 1993 (Mombasa) (regarding the environmental

conservation of the Tana River Delta Wetlands and the land rights of the members

of KonDertu Ranching Company Limited and the land rights of the indigenous

Pokomo and Orma)

f. 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)

g. Nelson Havi v. Law Society of Kenya & Attorney General High Court Petition

No. 607 of 2017 (regarding age limit on candidates for the position of LSK

president).

h. 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

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or intended/threatened lease. Licence and change of user of the public

utility/facility and to restrain Council meeting to deliberate on the subject matter

of the suit. The matter went before Mr Justice A. Mbogholi Msagha while Mr.

Ben Ochieng Okore and I appeared for Plaintiffs who sued in a representative

capacity.

(ix) Magistrate’s Court cases argued or co-prepared

a. R v. Mathew Lempurkel, Crim. Case No. 1896 of 2017 (Appearing for the

accused who was charged with hate speech) (November 2017, February 2018).

Successfully argued for bail.

b. Mathew Lempurkel v. Director of Public Prosecutions & the Inspector General of

Police, Petition No 241 of 2017 (This was an application for bail on behalf of the

Petitioner).

c. LSK & 3 Others v. AG & 3 Others (2016) eKLR This was a habeas corpus

application after the disappearance of Lawyer Willy Kimani Kinuthia, his client

Joseph Muiruri and the taxi man Josephat Mwenda.

d. Republic v. Frederick ole Leliman alias Masai & 3 Others (2016) eKLR. This is a

criminal trial for the murder of Lawyer Willy Kimani, Mr Josephat Muiruri and

Mr Joseph Mwenda where Prof Ben Sihanya represented the victims including the

Law Society of Kenya (LSK) and Willy Kimani’s family as lawyers for the

complainants.

e. R v. Jared Oteino Criminal Case No 241 of 2017. This is an ongoing criminal

case where Prof Sihanya successfully secured bail for the accused

(x) Expert witness, testimony in cases, arbitration & appearance before tribunals

a. Drafted an expert opinion and appeared in court as an expert witness on Trade

Mark Registration and use in Kenya in Lords Healthcare Ltd v. CIPLA Ltd and

Surgipharm Ltd High Court of Kenya Civil Suit No. 305 of 2015, at Nairobi.

b. Drafted an expert opinion on Eliab Muturi Mwangi v. LSG Lufthansa & LSG Sky

Chefs Kenya Limited High Court Civil Case No. 154 of 2014.

c. Appointed by the Kenya Revenue Authority (KRA) to be an intellectual property

consultant and expert in two cases, Samson Ngengi Njuguna v Kenya Revenue

Authority (Nairobi HC Civil Suit No. 730 of 2012) and Arbitration Proceedings

between Samson Ngengi Njuguna and Kenya Revenue Authority, approved by the

Attorney–General.

d. R. v. Joseph Munga (2009): Sihanya gave an expert opinion on copyright

infringement by digitization to the court in the case through Mr Kyalo Mbobu,

Advocate.

(xi) Drafted a legal opinion on the Institutional and Technological Strategies in the Criminal

Justice System in Kenya for the Task Force on the Reform of Penal Laws and Procedures, a

Task Force established by the Attorney General under the auspices of the Kenya Law

Reform Commission (KLRC)

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(xii) Helped in the disengagement of PLI from the Legal Aid Scheme in Mombasa and Paralegal

Training Project in Kwale. Consultant: 1991 October-August 1992: Researched the study,

Women in the Criminal Justice System funded by the Swedish International Development

Agency (SIDA) and conducted under the auspices of the International Federation of Women

Lawyers (FIDA)

V. MENTORING PROGRAMME: INNOVATIVE LAWYERING & SIHANYA

MENTORING

1. Professional, Doctoral, Master’s and Judicial Mentoring, References and Vetting

a) Reviewing and vetting articles and publications of applicants for professional

appointments including sitting on interview panels.

b) References for candidates for professional appointments.

c) References and mentoring of doctoral candidates.

d) References for applicants for appointment as judges.

2. History of the mentoring project

Since 1997, I have been recruiting students from the University of Nairobi Law School and

other accredited law schools to work as mentees or interns in my academic office and at the

legal, research and consultancy firm, Innovative Lawyering and Sihanya Mentoring of which

I am the founder and CEO.

Innovative Lawyering later expanded the Mentoring Programme and renamed it “Sihanya

Mentoring.” Sihanya Mentoring is a programme under Innovative Lawyering and was

formally launched on December 13, 2008 at Villa Sihanya, Nyachwinya, Alego, Siaya. The

founders are Prof Ben Sihanya and Mrs. Jaki Wasike-Sihanya.

3. Objectives and outcomes of the mentoring project

Sihanya Mentoring has three main interrelated objectives: first, to provide inspiration or

motivation to pupils and students, and recent graduates at primary, secondary, tertiary and

university levels; second, to provide opportunities through mentoring, guidance and

counselling and role modelling on education, innovation; and third, to provide mentoring

services on careers in the Kenya through a community of mentors and mentees. The Sihanya

Mentoring programme is greatly improving the lives of young Kenyans many of whom do

not have role models or career guidance.

We endeavour to inspire and motivate students from all parts of Kenya and help them to

develop the necessary skills, knowledge, attitudes and values (SKAVs) to excel. The project

is also intended to bring Kenyans together and to provide opportunities, incentives and

rewards to young Kenyans who are diligent but have no or limited opportunities or resources.

4. Pilot Projects in mentoring

Pilot projects in this national programme include:

a. Nyasita Primary School – 2008 - 2014

b. Kalkada Mixed Secondary School Siaya – 2008 - 2014

c. University of Nairobi Law School – since 1997 (being consolidated and rolled out).

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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)

The Jaki and Ben Sihanya Award for Excellence – Family Edition was formally launched on

August 15, 2010. The purpose is to recognize and reward exceptional academic achievement

among the families of Fred & Agnes Sihanya and Andrew & Leonora Wasike, respectively.

c. Annual Mentoring and Scholarship Lectures Sihanya Mentoring organizes motivational and informative lectures or talks to pupils,

students and other mentees on various topics that focus on our key objective, which is to

provide inspiration, career guidance, counselling and role modelling. This is to promote self-

motivation, self-reliance, self-sustenance among pupils and students so that they increasingly

take personal responsibility for their future with the help of parents and teachers.

Sihanya Mentoring seeks to mentor and inspire pupils, students and other mentees while

taking diversity or national cohesion into consideration.

Through this initiative I have established a community of mentees and mentors and I have

mentored, trained and refereed numerous students who have succeeded in the various

educational and career paths they have taken. Most of them are in Kenya or have gone

overseas to pursue their PhD or masters in Universities such as Stanford, Harvard, Warwick

and the London School of Economics (LSE). Numerous mentees are working in Kenya,

African countries, or in the US and Europe.

W. HONOURS, AWARDS, FELLOWSHIPS, AND MEMBERSHIP OF

ORGANIZATIONS AND PROFESSIONAL BODIES

W1: HONOURS AND AWARDS

(1) Awarded certificate as a “Distinguished Mentor” upon presenting and mentoring as a

keynote speaker, Education Annual Mentorship Academy, for their 500 secondary and

university students, Nairobi High School, August 12, 2013.

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(2) Appointed as Intellectual Property Law Champion in the University of Nairobi’s College

of Humanities and Social Sciences (CHSS), 2010.

(3) Selected as one of the Top 100 Educators, 2009, published by the International

Biographical Centre (IBC), Cambridge, England, July 2009.

(4) Selected as one of the 2000 Outstanding Intellectuals of the 21st Century, 2009/2010,

published by the International Biographical Centre (IBC), Cambridge, England.

(5) Profiled in the Who’s Who in the World, 26th

edition, 2009, Marquis Who’s Who, New

Jersey, USA.

(6) 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.

(7) 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).

(8) Citation for outstanding commitment to the betterment of the Law Society of Kenya

(LSK) (March 19, 2005).

(9) 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.

(10) Best Lecturer – voted by Kenya Law Students Society (KLSS), University of Nairobi

Law School, July 2, 2004

(11) Fulbright Scholar: 2000-2003 (Stanford); doctoral studies in copyright and cultural

creativity.

(12) Gerald J. Lieberman Fellowship for excellence in research and teaching, 2000-2001 (at

Stanford Law School).

(13) Overseas Development Association Shared Scholarship Scheme (ODASSS) (1994/5)

(14) Warwick University Scholarship to study for LLM (1994/5).

W2: FELLOWSHIPS AND MEMBERSHIPS

1. Appointed as a World Intellectual Property Organisation (WIPO) Academy IP Expert, 2018-

2. Law Society of Kenya (LSK) – Editor-in-Chief and Convenor, Editorial Committee, 2018-

3. Law Society of Kenya (LSK) – Co-Convenor, Editorial Committee, 2017-2018

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4. Law Society of Kenya (LSK) – member, Editorial Committee, 2016-

5. Patron – Mahero Primary School; Alego-Usonga, Siaya County (2013-)

6. Law Society of Kenya (LSK) – member, Editorial Committee, 2011-

7. Law Society of Kenya - Civic Education Committee 2010

8. African Research and Resources Forum (ARRF)- Associate Fellow (2010-)

9. Law Society of Kenya - Constitutional Review Committee (2009-2010)

10. Maseno (School) Old Boys Association – Member (2006-)

11. Stanford Alumni Association (2003-)

12. Law Society of Kenya – Advocate and member (1993- )

13. African Studies Association (ASA), USA (2001-)

14. Kenya Industrial Property Institute (KIPI) – Patent Attorney (Intellectual Property

Advocate)

15. Institute of Certified Public Secretaries of Kenya (ICPSK) – CPS (K) and life member No.

71 (1996-); member of the Research and Development Committee

16. Institute of Economic Affairs (IEA), Kenya

17. International Association of Consumer Law (IACL); forum of consumer law teachers and

researchers (HQs in Canada; Board Member for Africa (1999-)

18. Kenyan Section of the International Commission of Jurists (ICJ) – member, and co-editor,

Judiciary Watch Programme (1990-)

19. Women and Law in East Africa (WLEA) – Research Associate (1999-2003)

X. COMPUTER, INTERNET AND SOCIAL MEDIA SKILLS

Word processing, Internet research, power-point, e-mail use, use of Facebook (FB),

WhatsApp, LinkedIn, Messenger and other social media platforms etc.

Y. LANGUAGE PROFICIENCY (SPOKEN AND WRITTEN) English – Excellent

Kiswahili – Excellent

Dholuo – Excellent (Native speaker)

80

Z. TAUGHT, RESEARCHED, PRESENTED AND STUDIED IN AT LEAST 17

COUNTRIES

1. Africa: Kenya (most of the 47 counties & all regions or “provinces”), Tanzania (Univ. of

Dar es Salaam), Zanzibar, Uganda (Makerere Univ., Uganda Technology and

Management Univ. (UTAMU)), South Africa (Univ of Cape Town (UCT)), Nigeria,

Ghana, Botswana (Univ. of Botswana), Swaziland (Univ. of Swaziland), Namibia (Univ.

of Namibia), Zimbabwe, Egypt, Seychelles.

2. Europe: United Kingdom (UK) (Universities: Warwick, Oxford, Cambridge, Leeds, ...;

cities: London, Birmingham, Coventry, Oxford, Cambridge, Leeds, Manchester....),

Germany, Switzerland, Sweden, Belgium, Italy, The Vatican, France, Finland, Spain.

3. North America: USA (Universities: Stanford, Harvard, Maryland, UC Davis, UC

Berkeley); states: California, New York, Washington DC, Massachusetts; cities: New

York, San Francisco, Los Angeles, Sacramento, Boston, ....

4. South America: Chile.

5. Asia: Japan (Tokyo: University of Kansai and Konan University)

Prof Ben Sihanya, JSD, JSM (Stanford), LLM (Warwick), LLB (Nairobi), PG Dip Law (KSL)

IP and Constitutional Professor, Mentor & Public Interest Advocate

Constitutional Democracy, ©, TM, IP and Innovation Law, ICT law, Education Law & Public

Interest Lawyering

University of Nairobi Law School &

Scholar, Public Intellectual & Poet

Sihanya Mentoring & Innovative Lawyering

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

Development Vol 1 & 2 (2016; due 2018); Constitutional Democracy in Kenya and Africa Vol. 1

& 2 (due 2018)

sihanyamentoring@gmail.com; sihanya@innovativelawyering.com

url: www.innovativelawyering.com ; blogspot:www.sihanya@innovativelawyering.com/blogs