Bio and Academic Qualifications

Kipkoech Nicholas Cheruiyot is a Graduate Assistant at Strathmore University School of Law. Cheruiyot is also a research and a technical assistant as Strathmore Dispute Resolution Centre (SDRC). He holds a Bachelor of Laws (LLB Hons) Degree from Moi University, Annex Town Campus. Cheruiyot has an inherent passion in academia, and has engaged in academic scholarship in different fronts. He has written a number of ground-breaking papers, which have shaped both the Kenyan and international jurisprudence. In recognition and appreciation of his scholarly work, he was awarded Justice C.B. Madan award (Student Category) by the Platform for Law, Justice and Society on 7th December 2021. This is an award given annually in memory of one of Kenya’s best Chief Justices to have served in the Kenyan judiciary. 

Cheruiyot is also a leader, and has previously served in different leadership positions. As an LLB student, he was among others the Chairperson of Outreach, VUKA-FIT (Market orientation program by FOCUS-Kenya) and Bible Study Sub-Committees of the Christian Union. Cheruiyot also chaired the Law Students Association of Moi University (LSAMU) Constitutional Review Commission, a commission that amended the Constitution of Law students of 1996. He was also the chairperson of Moi University Annex Campus Christian Union (MUACCU) Constitutional Review Commission, a commission that amended the Union’s Constitution of 2005. He later on chaired MUACCU’s Constitutional transition commission, a commission that aided in an effective harmonization, leadership transition and full implementation of the constitutional changes. Cheruiyot has also written a Constitution for Kamara Educational, Motivational and Welfare Association (KEMWA). This is a non-profit organization based in Nakuru County aimed at soliciting assistance for students with financial and such other challenges and mentoring them towards academic excellence. 

Cheruiyot has an ardent passion for among others Constitutional Law and Constitutionalism, Human Rights and Democratisation, Property Law, International Humanitarian Law and Health Law. 

 

Publications

  • Corruption in The Procurement of Medical Facilities in The National and County Governments in Kenya: How Effective Is the Law? (forthcoming). 
  • The Place and the State of Crowdfunding in the Kenyan Legal Framework (forthcoming). 
  • The Place of Informed Consent to Medical Treatment in Kenya (forthcoming). 
  • Medical Paternalism Vis-à-vis Patient Autonomy in Medical Treatment; The Kenyan Context (With Agnes Mugi) (forthcoming). 
  • The Right to Industrial Action for Medical Practitioners Vis-À-Vis the Right to Life and Quality Health in Kenya; A Balancing Act? (Forthcoming).
  • The Fight Against Corruption and Economic Crimes in Kenya: The Plight of EACC and Its Lack of Prosecutorial Powers (The Platform for Law, Justice and Society (Issue no. 78 of July, 2022)).
  • Solving the Jigsaw Puzzle: The Jurisdiction of IEBC Dispute Resolution Committee and the Political Parties Dispute Resolution Tribunal in the Resolution of Electoral Disputes and Malpractices in Kenya (The Platform for Law, Justice and Society (Issue no. 77 of June, 2022)).
  • Continuous Disobedience of Court Orders and Its Effect on Constitutionalism and the Rule of Law in Kenya: A Critical Analysis of Lawyer Miguna Miguna and DCI George Kinoti Fiasco (With RickCard Bett) (The Platform for Law, Justice and Society (Issue no. 75 of April, 2022)).
  • Forced Evictions in Informal Settlements and the Role of the Courts in the Protection Socio-Economic Rights in Kenya: A Case-Study of Demolition of Homes and Eviction of Kibos Community (The Platform for Law, Justice and Society (Issue no. 53 of February, 2022)). 
  • The Place of Gender Equality in African Continental Free Trade Area Implementation and Operationalization.
  • The Impact of a waiver of Intellectual Property Rights to the Guarantee and Preservation of the Fundamental Human Rights in the Global South (2021).
  • Judicial Activism, Judicial Restraint and Constitutional Interpretation in Kenya: The Post-2010 Era (The Platform for Law, Justice and Society (Issue number 68 of September, 2021)). 
  • The Multiplicity of Non-State Armed Groups and The Protection of Civilians Under Their Care (2021).
  • MW v AN: An Analysis of Judicial Redress of Institutional Inequalities Within the Family Set-Up in Kenya (2021)
  • Judicial and Institutional Independence in Kenya Under Siege? Inside President Kenyatta’s Refusal to Appoint Judges to the Higher Courts as Recommended by the Judicial Service Commission (2021).
  • The Basic Structure Doctrine Vis-à-vis the Constituent Power of the People in a Constitutional Amendment Process in Kenya: An Appraisal of the2020 BBI Ruling (The Platform for Law, Justice and Society (Issue number 69 of October 2021)).
  • Statelessness, Citizenship Status and What It Means in a Democratic State: An Appraisal of the Formal Recognition of the Shona Community as Kenyan Citizens (The Platform for Law, Justice and Society (Issue number 69 of October 2021)).
  • The Mental Health Crisis in Kenya in the Wake of the COVID-19 Pandemic (2021).
  • Police Brutality in the new Constitutional Order in Kenya: A Force or Service? (The Platform for Law, Justice and Society (Issue number 58 of October 2020)).
  • Administration Offering a Breathing Space for Insolvent Companies Under the New Insolvency Laws in Kenya: The Better Option for Tusker Mattresses (Tuskys) Limited (2020).
  • Proliferation of Standardisation as an Arsenal in The Fight Against Corruption (2019).