Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant University of Nairobi Law School ...

70 Pages·2016·1.04 MB·English

Prof Ben SIHANYA, JSD (Stanford)
Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant
University of Nairobi Law School
Scholar-in-residence & Public Intellectual, Innovative Lawyering & Sihanya Mentoring

Curriculum Vitae, 1989 – Monday January 4, 2016

Research Interests
Intellectual Property, Constitutional Democracy, Education Law and ICT Law
for Sustainable Development
focus 2010-16: copyright, presidency and administrative bureaucracy in Kenya

Perspective
Appropriate competencies (skills, knowledge, attitudes and values (SKAV)), innovation, and
constitutional governance are critical parameters for Kenya’s and Africa’s sustainable socio-
economic and political development

Ambition: academic, career, entrepreneurship and leadership mentor

Prof Ben SIHANYA, JSD (Stanford)
Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant
University of Nairobi Law School
Scholar-in-residence & Public Intellectual, Innovative Lawyering & Sihanya Mentoring
1
Curriculum Vitae, 1989 – Monday January 4, 2016

TABLE OF CONTENTS

A. Personal Details; Permanent Address; Website

B. Education

C. Relevant Training Undertaken

D. Teaching and Research Interests

E. Doctoral Research Supervision and Development

F. Masters Research Supervision

G. Undergraduate Supervision

H. Mentoring and Supervision of Interns

I. External Examination and Internal Moderation

J. School Administration and University Governance, & Nation Building

K. Achievements as Dean Law

L. Publications
(i) Articles in refereed and peer reviewed journals
(ii) Book chapters
(iii) Books edited
(iv) Books and monographs (see also Work in Progress: Professorial Research Agenda)
(v) Articles in refereed magazines, newsletters
(vi) Book reviews
(vii) Research and Mentoring Agenda Towards a Library & School

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

N. Academic Presentations and Professional Training Conducted

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

P. International, Inter-Governmental, Corporate and other Consultancies (Consultancies include some items under
K, L, M, O, P and X)

Q. Work in Progress: Professorial Research Agenda, 2006-2012

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

S. Public Interest Lawyering and Advocacy
2
T. Mentoring Programme: Innovative Lawyering & Sihanya Mentoring

U. Honours and Awards

V. Fellowships and Memberships

W. Computer and Internet Skills

X. Language Proficiency (spoken and written)

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

3
Prof Ben SIHANYA, JSD (Stanford)
Scholar, Author, Advocate, IP Attorney, CPS (K), and Consultant
University of Nairobi Law School
Scholar-in-residence & Public Intellectual, Innovative Lawyering & Sihanya Mentoring

Curriculum Vitae, 1989 – Monday, January 4, 2016

A. PERSONAL DETAILS, PERMANENT ADDRESS; WEBSITE

Name: Prof Bernard Murumbi Sihanya
Date of Birth: November 23, 1965
Marital Status: Married to Jaki Emmanuela Wasike-Sihanya
Children: Kennedy Wasike Sihanya and Atieno Agnes Ayieko Sihanya

PERMANENT ADDRESS; WEBSITE

Univ. of Nairobi Law School & Innovative Lawyering, Sihanya Mentoring & ©opyright Africa
Parklands Law Campus, Room B10
Box 1313, Sarit Centre, 00606 Nairobi, Kenya
Telefax ([phone]; ([phone]; [phone] (O); 3522224(H);
Cell: [phone], [phone]
email: [email protected]; [email protected];
[email protected]; [email protected];
url: www.innovativelawyering.com

B. EDUCATION

1. Juridical Science Doctor (JSD) (PhD) 2003; Stanford Law School, Stanford, CA, USA
- Doctoral research on copyright and cultural creativity in Kenya within the (trans)national political economy; also
addresses the role of intellectual property, communications law and constitutionalism in promoting innovation for
sustainable development, particularly innovations in technology, industry, commerce or business, culture, traditional
cultural expressions (TCEs) (folklore), literature, music, software and the Internet.

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

- Coursework focused on: Copyright; Advanced Copyright; US African and Comparative
Intellectual Property; International Intellectual Property; Constitutionalism, governance, law in
society; ICT Law, Cyber Law, Open Sources, Law in the Virtual World (cyber gaming).

2. Juridical Science Master (JSM) (research and taught LLM), 2001 under the Stanford
Program in International Legal Studies (SPILS); attained distinction aggregate;
- Coursework focused on Intellectual Property and Communications Law (ICT, Cyber and
Media and Entertainment Law);
- 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).
4
3. Certified Public Secretary (Kenya), 1997, under the Institute of Certified Public
Secretaries of Kenya (ICPSK).

4. Master of Laws (LLM), 1995University 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 BusaraCenter
for Behavioral 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)
and University of Swaziland (2009-2010).

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

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

5
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 ©opyright Africa, Nairobi, Kenya
- Founder CEO, on-the-job training and short-term courses on computing, using e-mail, and the Internet in
research on intellectual property, constitutionalism, education law, and communications law(1989-);

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

1. Intellectual Property (IP) and Innovation – Research focus (2007–2012): Kenyan and African Copyright and
Related Rights; Kenyan and African Trade Mark and Related Doctrines; Intellectual Property Regulation,
Management and Administration in Kenyan Universities and Research and Development Institutions. Others
include Patent, Geographical Indication, Trade Secret and Technology Transfer.

6
2. Kenyan and Comparative Constitutionalism - Research focus (2007–2012): Presidentialism and the
Administrative Bureaucracy in Kenya; Constitutional Design, Review and Implementation. Others include
Kenyan Political Economy.

3. Doctoral Research Methodology, Supervision and Mentoring; Publishing Books and Articles; Project Design
and Implementation, in the context of Intellectual Property (IP) and Innovation, Constitutionalism, Education
Law, and Communications Law, as well as: Research Methodology, Jurisprudence and Social Theory.

4. Education and Mentoring Law (2007-2012): Administration and Governance in Kenyan Universities;
Standards, Quality and Relevance in Education, Training, Research and Mentoring; A National Qualification
Framework (NQF) and National Assessment System (NAS) for Kenya.

5. Communications Law – including Cyber Law, Media and Entertainment Law (2007-2012): Copyright and
Trade Mark in ODeL in Kenyan Universities.

6. Kenyan Cultural Politics and Intellectual History (2007-2012): Kenyan Academics and Public Administration,
1963-2010.

E. DOCTORAL RESEARCH SUPERVISION AND DEVELOPMENT

1. Doctoral supervisees

Supervision of students enrolled for doctoral research in intellectual property, constitutionalism, and ICT law,
University of Nairobi and leading European universities. My supervisees include the following students:

1 Marisella Nabongo Ouma (2009): Enforcement of Copyright in Sub-Saharan
Africa: A Theoretical Perspective, Queen Mary Intellectual Property Research Institute,
University of London.

2 Charles Oyaya (2013) Towards Constitutional Legitimacy: A Study of Constitutional
Developments and Participatory Constitution Making in Kenya from Colonial Times to 2010
(Supervisor of Corrections).

3 Hezekiel Oira (2015) Impact of Copyright on Access to Football in Kenya and South Africa,
University of Cape Town (continuing).

4 Julia Wanja Muriithi: Compensating Musical Creativity through Copyright in Kenya,
University of Nairobi Law School of Journalism and Mass Communication (SOJMC)
(continuing).

5 Ms Zubeda Mucheke (2015) Challenges facing Implementation of Electronic Conceyancing
in Kenya: Case Study Ministry of Land (Continuing).

6 Elizabeth Muthoni Warrick (2015) Citizen Science: The Participation of Lay People in
Scientific Research, University of Maryland (continuing).

2. Developing a system and processes for doctoral research

7
Elected as Dean Law on January 29, 2009. I did the following to promote doctoral research at
the University of Nairobi:
- Appointed the Chair, Postgraduate Studies Committee (confirmed by the Board).
- Provided a secretariat for the Doctoral Research Programme.
- Chaired Doctoral Research committees.
- Initiated and supported doctoral research colloquia.
- Consulted and communicated regularly with the School’s Postgraduate (Doctoral) Studies
Committee, the Board of Postgraduate Studies (BPS) and doctoral students on progress and
status of doctoral research.
- Facilitated completion of doctoral research by at least 3 candidates awaiting final defence
(only one candidate had graduated from the Law School in its 40 years – 1970-2010).

3. Mentoring and inspiring doctoral research

My work in Intellectual Property (IP), Constitutionalism, Communications and Education
Law has already inspired master’s and doctoral research in Kenya and elsewhere, e.g. Dr
Marisella Ouma, Peter Pete, Julia Wanja Muriithi, Gideon Marete, Jan Schmidt and Eva
Kiiru, among others.

F. MASTER’S RESEARCH SUPERVISION

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

Supervised at least 28 Master’s Theses or projects in Intellectual Property, Constitutionalism, Education and
Mentoring Law, and ICT Law, University of Nairobi. Some of the Master’s theses since January 26, 2006
include the following [the full list of supervisees since 1997 is available at Innovative Lawyering (IL) and
Sihanya Mentoring (SM)]:

1. Jeremmy Okonjo (2009/2010) Convergence of Telecommunication, Media and
Information Technology in Kenya: Implications for Regulation of Mobile Telephony.

2. Colletah Sigilai (2009/10) The Legal Framework on Financing University
Education in Kenya Enhancing Equitable Access to Quality University Education.

3. Francis Kaburu (2009/10) Branchless Banking: Towards a Principle-based
Regulatory System.

4. Eva W. Kiiru (2009) New Media and the Creative Sector in Kenya: Intellectual
Property Challenges and Implications, MA, School of Journalism & Mass
Communication.

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

6. Boniface Mutinda Kabaka (2009) Regulating Electronic Trading of Securities in
the Nairobi Stock Exchange.

8
7. Idah Gatwiri (2009) Evaluating Communication Methods for Disaster
Management in Kenya, University of Nairobi, School of Journalism and Mass
Communications (SOJMC)

8. Julia Wanja Muriithi (2008) The Impact of Piracy on Gospel Music Industry in
Kenya, MA, School of Journalism and Mass Communication.

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

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

11. Charles Orinda Dulo (2007) Telecommunication Regulation in Kenya: A Case for
Generic Reforms due to ICT.

12. 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.

13. Irene Ndegwa (2007) The Commercial Exploitation of Personality: Challenges
Facing the Kenyan Celebrity.

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

15. Hezekiel Oira (2006) Addressing the Controversies of Neighbouring Rights of
Broadcasting Organisations under Kenyan and International Law.

16. Richard Kuloba (2006) Expeditious and Effective Civil Remedies and Procedures
against Infringement of Copyright in Kenya.

17. Peter Pete (2006) New Regulatory Typology in the Age of Technological
Convergence: A Case of Telecommunication Licensing in Kenya.

2. Master’s theses and projects (selected)

Some of the Master’s Theses and projects I am currently supervising (2015) include the
following:

1 Mikinyago Mary Asha (2013/2014) Importance of creation, Protection and Enforcement
of Sports Image Rights to Kenya’s Sports their Agents Clubs and Sponsors.

2 Ambrose Weda (2014/2015) Finding the Delicate Balance between the Rights of Persons
with Disabilities against Intellectual Property Rights under the Constitution f Kenya,
9
2010. A Case for Accomodating Persons with Audio and Visual Sensory Disabilities in
the Kenyan Copyright Law.

3 George Gilbert Otieno (2014/2015) WTO-TRIPs Public Health Flexibilities in EAC:
Panacea or Pandoras Box.

4 Elias Ngugi Mwenda (2014) Conceptual Analysis of the Contemporary Kenyan
Jurisprudence on Ethnicity.

5 Abdihakim Aden Abdi (2014) Devolution in Kenya: An Appraisal of the Legal
Accountability Frameworks.

6 Maurice Okumu (2010/11) Financial Devolution under the Kenya Constitution:The
Quest for Equitable Distribution of Resources.

7 Shirley Arlentrice Gulenywa (2012) Regulating Ringtone Technology in Kenya(Supervisor of Corrections).

8 Stella Munyi Muthoni (2013/2014) 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)

9 Francis Ang’ilaAywa (2009/10) The Effectiveness of Criminal Law in Regulating
Electoral Competition in Kenya.

10 Ndungi David Munyao (2009/2010) Critical Analysis of the Constitution of Kenya, 2010
as anInstrument of Democracy and Good Governance.

11 Anne Kopingor (2009/2010) Enforcement of Computer Software Copyright in Kenya in
Kenya: Challenges and Prospects.

12 Lilian Abishai (2009/10) Alternative Electoral Dispute Resolution for a Sustainable
Democratic Government in Kenya:

13 Wambui Kamau (2010/11) Civic Education in Kenya: The Gap in Democracy.

14 Ongola Bracxides Shaluma (2013) Analytical Discourse on Efficacy of Anti-Counterfeit
Law in Kenya.

15 Joan Ndune (2009/10) Copyright Law in Kenya: The challenges and Prospects of
Foreign Music

16 Karanu Nancy Wangari (2012) Conflict between Intellectual Property Rights and Public
Access Rights.

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

G. LLB SUPERVISION

10