EDUCATION, TRAINING, RESEARCH AND MENTORING LAW

The Education, Training and Research Law Programme carries out research, practice, training, publishing, consulting and mentoring in Education, Training, Research, Innovation and Mentoring (ETRIM) Law. The Programme undertakes constitutional, legislative and policy research and analysis in ETRIM. Our main areas of focus are the development of Standards and, Quality Assurance; Competencies, Qualifications and National Qualification Frameworks (NQF); and administration or governance in Education, Training, Research and Mentoring (ETRIM). We aim to establish Innovative Lawyering and Sihanya Mentoring as a regional and international research authority in Education, Training, Research and Mentoring (ETRIM) Law.


The Programme and its associates at IL have consulted for National and International organizations on Education, Training and Research Law including the Kenya National Commission for Human Rights (KNCHR), the United Nations Educational Scientific and Cultural Organization (UNESCO), and the United Nations Developmental Programme (UNDP), among others. The consultancies have included monitoring and evaluation of Education Law and Policies in Kenya. In addition, associates of IL have also been appointed to various government Task Forces on education law and policy in Kenya.

Publications under the Education, Training, and Research Law Programme

Articles in refereed journals

Ben Sihanya (forthcoming) “Intellectual Property, Innovation and Technology Transfer Administration in Kenyan Universities” (forthcoming) Moi University Law Journal; Innovative Lawyering & Sihanya Mentoring working paper series (refereed).

Ben Sihanya (2008) “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 (refereed).

Ben Sihanya (2009) “Intellectual property and mentoring for innovation and industrialization in Kenya,” Law Society of Kenya Journal, Vol. 5, 2009 No. 1, pp. 29-57, eds: Prof Albert Mumma, Dr Ekuru Aukot, Mumbi Ngugi, Betty Nyabuto, et al, Editor-in-Chief: George O. Otieno Ochich (refereed).

Ben Sihanya (2008) “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 (refereed).

Ben Sihanya (2004) “Intellectual property and innovation in Kenya: legal and regulatory issues in business incubation,” in Prof Bernard Aduda (ed) Science and Technology Park Development for Sustainable Industrial Growth, Jomo Kenyatta University of Agriculture and Technology, Proceedings of the National Workshop in Commemoration of the Scientific Revival Day of Africa, June 2004, Kenya National Academy of Sciences (KNAS), Nairobi, pp. 41-58. (refereed).

Ben Sihanya (2007) “Intellectual property for innovation and industrialization in Kenya,” in Proceedings of 2006 JKUAT Scientific, Technological and Industrialization Conference, Harnessing Scientific and Technological Synergies for Innovation and Industrialization, Jomo Kenyatta University of Agriculture and Technology, Nairobi, October 26-27, 2006 (published 2007), pp. 38-58 (refereed).

Ben Sihanya (2004) “Regulating education and training in Kenya,” Setting Standards: Education for All EFA News A Newsletter Journal of UNESCO Nairobi Office 2004 Issue VI, p. 10; also translated into French at p.11 (refereed).

    Book chapters


    Ouma, Dr Marisella and Prof Ben Sihanya (2010) “[Access to Knowledge in Africa: The Role of Copyright: ‘Kenya’]” (2010) 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) (peer reviewed).

    Sihanya, Ben (2008) “The IMF and policy making in Kenya,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi, Part III, pp. 45-64 (peer reviewed).

    Sihanya, Ben (2008) “How IMF policies constrain policy space in Kenya’s education sector,” in Ben Sihanya (ed) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi, Part V, pp. 95-122 (peer reviewed).

    Books and monographs on Education, Training, Research, Innovation and Mentoring Law


    1. Sihanya, Ben (ed) (2008) The Impact of IMF Policies on Education, Health and Women’s Rights in Kenya, Action Aid International Kenya, Nairobi (peer reviewed).


    2. Ben Sihanya (forthcoming) “Copyright law, teaching and research in Kenya,” chapter in Jayashree Wattal, et al (forthcoming) Intellectual Property Research and Training paper edited from my presentation at the WIPO/WTO Colloquium for Teachers of Intellectual Property.


    3. Ben Sihanya (2002) “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 (peer reviewed).


    4. Ben Sihanya (2004) “Regulating education and training in Kenya,” Setting Standards: Education for All EFA News A Newsletter of UNESCO Nairobi Office 2004 Issue VI, p. 10


    5. Ben Sihanya (2003) “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 H.W.O. Okoth-Ogendo), Presentation at the National Conference on Education and Training: Meeting the challenges for Education Training in Kenya in the 21st century, Kenyatta International Conference Centre (KICC), November 27-29, 2003


    6. Ann Kyalo and Ben 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; peer reviewed by Dr Oki Ooko-Ombaka, JSD (Harvard), etc.

    Articles in peer reviewed magazines, newsletters and newspapers


    Ben Sihanya (2004) “Lecturers await pay boom – or gloom”, Opinion: University Crisis: Daily Nation (Nairobi), Friday, February 20, 2004, at 9.

    Ben Sihanya (2004) “Lecturers’ strike: the options available,” Opinion: Higher Education: Daily Nation (Nairobi), Thursday, January 16, 2004, at 9

    Ben Sihanya (2004) "Saitoti’s Forum has no legal mandate,” Opinion: Lecturers’ Strike: Daily Nation (Nairobi), Thursday, January 8, 2004, at 9

    Ben Sihanya (2003) “Legal points ignored in lecturers’ strike,” Opinion: Trade Dispute, Daily Nation (Nairobi), Tuesday, Dec 9, 2003, at 9.

    Ben Sihanya (2003) “How to curtail the brain drain affecting Kenyan universities,” News Analysis, solicited report for Sunday Nation (Nairobi), Nov 16, 2003, at 6-7.

    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)

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

    Ben Sihanya (2009) “Mentoring 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.

    Ben Sihanya (2009) “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.

    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.

    Ben Sihanya (2007) “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 Organization (UNESCO), Zimbabwe Cluster Office, in Dar es Salaam, Tanzania, September 17-19, 2007.

    Ben Sihanya (2007) “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.“

    Ben Sihanya (2003) “Regulating education and training in Kenya: production and distribution of teaching and learning materials, intellectual property, ICT and governance,” A discussant’s perspective on “The legal framework of education in Kenya” (A presentation by Prof HWO Okoth-Ogendo), Presentation at the National Conference on Education and Training: Meeting the challenges for Education Training in Kenya in the 21st century, Kenyatta International Conference Centre (KICC), November 27-29, 2003.

    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).

    WORK IN PROGRESS: ARTICLES AND BOOKS

    Education, Training, Research, Innovation and Mentoring

    Ben Sihanya (forthcoming) “Dean Law: the administrator, the mentor and the public intellectual”

    Ben Sihanya (forthcoming) “Regulating legal education and training in Kenya: levels, institutions, and accreditation process (admissions, teaching, exams, student and staff welfare)

    Ben Sihanya (forthcoming) “Intellectual Property and Quality Assurance in Kenyan Universities: revisited”

    Ben Sihanya (forthcoming) “Education, Training, Research and Mentoring Law in Kenya”

    Ben Sihanya (forthcoming) ”Education, Training, Research and Mentoring Law in Kenya: Cases and Materials”

    Ben Sihanya (forthcoming) “Cultural Politics and Intellectual History”

    Poetry writing: in the quest of identity; mentoring and education for leadership and innovation


    1. Poems on identity and identity politics
    2. Poems to promote innovation, creativity, mentoring and intellectual property
    3. Poems to promote leadership, and constitutional government