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Tuesday, October 8, 2019

Using an extended example critically examine whether the sector matrix Essay

Using an extended example critically examine whether the sector matrix framework gives a better strategic understanding of product markets than the concepts of product or commodity chains - Essay Example This has given rise to the concept of commodity chain. Different firms with heterogeneous geographical distribution engaged in production activities of a commodity is said to constitute a global commodity chain. This is known as the Global Commodity Chain (GCC) model. (Dicken P., 2003) According to Hopkins and Wallerstein a commodity chain is defined as â€Å"a network of labor and production processes whose end result is a finished commodity†. The process of production of a commodity is of main importance in the commodity chain. The entire process can be thought of being comprised of a network of points where each point is related to its preceding one in terms of procuring raw material, production, distribution and consumption. These interorganaisational points are technically defined as ‘nodes’. The geographical location of the nodes is generally different from one another. This explanation provides an innovative view for explaining the global inequalities in development. The nodes that are located at the periphery of the network are open to more competition than the nodes at the centre. As a result, central nodes are subject to more aggregate wealth than the peripheral nodes. This distribution is augmented by competitive pressures of innovat ion that flows from the centre to the periphery. It is natural that the core areas will enjoy better support facilities like infrastructure than the peripheral area. (Birch K., April 2006) The Value Chain Analysis developed by Michael Porter is an important tool in the hands of business managers that help to increase the value of the offering by a firm.. The generic value chain model suggests of breaking the entire set of activities undertaken by a firm into primary activities and support activities. The primary value chain activities include inbound logistics, operations, outbound logistics, marketing and after sales

Monday, October 7, 2019

Intellectual Property Rights in Media Applications Essay

Intellectual Property Rights in Media Applications - Essay Example A "dramatic work" includes a work of dance or mime; while a "musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music. Section 5(1) of the Act provides that "sound recording" means - (a) a recording of sounds, from which the sounds may be reproduced, or (b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced. In the given problem, copyright subsists in the lyrics of the song 'Harlequin', the musical composition (musical notes) of the same song, and the sound recording of the song. Copyright protection therefore subsists on the foregoing works such that any infringement thereof gives the copyright owner or author of the works a claim or cause of action against the Guys. Under Section 9 of the Act, the "author" means the person who creates the work and in case of a sound recording, that person (the author) shall be taken to be the person by whom the arrangements necessary for the making of the recording or film are undertaken. Thus, in the case of the lyrics of the song 'Harlequin', the writer of the song is the author of the literary work while the composer is the author of the musical work. In the given problem, therefore, Jones is the author of the lyrics of 'Harlequin' as a literary work while at the same time he, as composer of the song, is also the author of the musical work. The author of the sound recording of the song on the other hand is Arcadia, Jones' music publishing company. Parenthetically, if the Guys does not have a license from Arcadia to use the sound recording, then the Guys may also be liable for copyright infringement of Arcadia's sound recording. Nevertheless, Jones will therefore be advised that as copyright owner of both the lyrics and musical composition of the song, being the sole author of the said lyrics and musical composition, he may have a cause of action against the Guys for infringement of his copyright over in the literary and/or musical work. As copyright owner, I will advise Jones that under Section 16 of the Act, the owner of the copyright in a work has the exclusive right to do the following acts in the United Kingdom - (a) to copy the work; (b) to issue copies of the work to the public; (c) to perform, show or play the work in public; (d) to broadcast the work or include it in a cable programme service; and (e) to make an adaptation of the work or do any of the above in relation to an adaptation. Those acts are the "acts restricted by the copyright". Furthermore, under the same Section, copyright in a work is "infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright" "in relation to the work as a whole or any substantial part of it" "either directly or indirectly". In view of the foregoing provisions, I will advise Jones that the Guys will only be guilty of copyright infringement if the 6-second music sample from Jones's 'Harlequin' used by

Sunday, October 6, 2019

Role of Employees is Formulating Organizational Culture Research Paper

Role of Employees is Formulating Organizational Culture - Research Paper Example The organizational culture of an organization can be defined as the values which contribute to the creation of a conducive psychological and social environment within which to work. These values are based on the previous and existing knowledge of the organization which forms the philosophies that hold the organization together. There may however be many different conflicting cultures within an organization, especially the large ones, due to the different characteristics displayed by the various management teams that work in the organization. Organizational culture may have both positive and negative effects on the individuals involved and these among others will be discussed in this paper. While the management of an organization plays a major role in the formulation of organizational culture, the employees of such an organization also have a role to play in its formulation. According to the book Changing Organizational Culture: The Change Agent's Guidebook by Marc Schabracq, the orga nizational culture involves the social expectations and standards which determine the values and beliefs which hold the people working within an organization together. ... Organizational culture is the single most important thing that determines whether and organist ion will be successful or not. There are four major elements of culture which determine the success of an organization: the values which define the beliefs at the heart of corporate culture; the individuals within the organization who embody its values; the routine interactions between members of an organization which are full of strong symbolic qualities to make them feel like part of a family; and finally, the informal communication system within the organization. Although it is a very difficult thing to happen, the culture of a particular organization is subject to change. This does not come easily and may require a very competent person or people to succeed in changing it. In order to change organizational culture, one has to be aware of what exactly it takes to change the existing culture. Moreover, the ability to change the culture is in the hands of the top management of the organiza tion and it is they who are responsible for the institution of such change. Lastly, organizational structure helps to resolve the dilemma of bureaucracy because although formal procedures are necessary for business integrity, bureaucracy also ends up stifling autonomy and creativity. The organizational culture consists of many subcultures which interact with one another for the sake of the running of the organization. It can be said that this culture is not as homogenous as one would expect and may, in fact, consist of many coexisting cultures which work hand in hand out of necessity.  

Saturday, October 5, 2019

Critically appraise the contribution of Le Grand's knights, knaves, Essay - 1

Critically appraise the contribution of Le Grand's knights, knaves, pawns and queens framework to our understanding of r - Essay Example Those who were offered these services (and who were beneficiaries of welfare) became known as pawns, primarily because they were seen as passive participants in the whole process. They did not actively influence any happenings, and instead sat and waited for the knights to do everything for them. With time, however, (Le Grand mentions the period after 1979) this scenario changed after pawns realized that there were some knights who were not really knights at all (Le Grand 1995, pg. 151). They were more focused on their self-interests than the benefit of pawns, and, therefore, morphed into knaves. In addition to this, there was little that was knightly about paying taxes and supporting the less fortunate in the society. On the other hand, pawns came to be viewed as â€Å"queens†; they were supposed to be treated better, since in any market consumers are usually kings. In this paper, I will discuss and dissect Le Grand’s concept and weigh it against arguments which have b een against it by the likes of Welshman and others. I will also explore the influence that Le Grand’s framework has had on relationships between public authorities and organizations which provide public services paid for under contract or by vouchers. Key words: Knights, knaves, pawns, queens, Le Grand, Welshman. Analysis Welshman presented an argument that fell a little short of being labeled as an attack on Le Grand’s ideas. He (Welshman) argued that the concept of a cycle of deprivation (or transmitted deprivation) provided sufficient foundation for a demolition job on the knights, knave, pawns and queens notion. In his article, he presented important researches by Joseph, Coffield and others that supported his propositions. In truth, the whole point of Welshman’s argument was a firm grounding in the ability to provide viable alternate arguments against Le Grand’s ideas. For example, using Coffield’s research, a new concept of web deprivation wa s coined as a replacement for cycle of deprivation (Coffield, Robinson & Sarsby 1980, pg. 48). In essence, Welshman used the loopholes he identified in Le Grand’s arguments to develop an entirely new concept. A closer look at his article also reveals that he viewed Le Grand’s definition of people under welfare was too shallow and simplistic (although Le Grand had also suggested this in his proposition) (Welshman 2007, pg. 95) It is important to note that the knights, knaves, pawns and queens framework borrowed heavily from theories about public management (or organization studies, or political science, or indeed social science quite generally). In a traditional sense, public management was seen as more of calling than just a normal activity with the exception of being directly involved in public affairs. In the past, public servants were held in very high regard, and this is because they were considered to be custodians and trustees of public interests. This thought wa s supported by a reliance on the scholarly approaches to organizational studies, social science and political science. Over the years, this traditional perspective has been overtaken by other feasible approaches that have proved to be more than just alternatives (Berthoud 1976, pg. 103). These new approaches have supplanted the

Friday, October 4, 2019

Written analysis of Enron Essay Example | Topics and Well Written Essays - 750 words

Written analysis of Enron - Essay Example lves a recent decision by Fair Work Australia (FWA) that the termination of the employment of an employee who has served for long in a firm as a result of breach of the golden safety rules was not harsh, unjust and unreasonable. Karratha Gas Plant site conducted activities in potentially hazardous conditions and had a system to mitigate these risks which require permits as part of the Golden Rules of the company. Mr. Chadwick was employed for 15 years by Woodside Energy Limited at this plant and was working as a maintenance technician. The plant operated with a work permit which formed part of the Golden Safety Rules and Chadwick had been issued with work permit for 7 days to perform hot work which required him to liaise with the control panel before commencing work at any time to ensure that work was done safely. Hours before the expiry of the permit, Mr. Chadwick and another employee arrived at the site before the opening of the permit hut and without consulting the higher management or the panel operator as was the requirement of the permit. They knew the permit hut would open in two hours’ time and thus he obtained a further permit later that day. He claimed that he knew the condition of the relevant permit and he had worked on the same LNG tank on previous occasions and therefore felt that he could meet the conditions without exposing himself or other people to danger. His employment was terminated for breaching the Golden Rule and this action was contested by Chadwick as being harsh, unjust and unreasonable in all contexts. The Deputy President McCarthy held that the Golden Rule had been obtained from standards which had been developed in the oil and gas industry back in 1988 after the Piper Alpha disaster in the North Sea that had led to the death of165 people. This disaster had involved an accumulation of management error and a failure of the permit to work that had not ensured good system of communication. In considering whether the termination was

Thursday, October 3, 2019

Texting While Driving Essay Example for Free

Texting While Driving Essay Texting while driving is one of the most common causes of accidents on roads. This is because texting while driving results in physical, visual and cognitive distraction. It greatly increases the amount of time a driver spends not looking at the road. It is a very serious distraction that can cost you your life or the lives of other people. According to recent research by Queensland’s RACQ, using a mobile phone in general can relay reaction time as much as having a blood alcohol content of 0. 08% which is well over the legal limit of 0.05% in Australia. It reduces your reaction time by 35%, even when using hands-free, so texting is obviously going to be even worse because you are effectively driving blind for however long you look at your phone. In fact, every second you spend texting, you double your chances of being in a crash, so why take the chance? If you are ever driving a car and are about to send a text message or use your phone, think about how important it really is. Is it really worth risking your life to tell someone â€Å"lunch was nice† or â€Å"I’ll be home soon†? Is it worth leaving a child fatherless and asking questions like â€Å"Mum, who will look after me if you go to heaven like dad?† as was the case for 5 year-old Harry Stortz after his Dad Jason was killed by an under-age, unlicensed texting driver? Harry will never get to see his Dad again just so someone could make arrangements to pick a girl up and go to his mate’s house. This is just one horrible example of the vast number of deaths caused by texting while driving. We are all disgusted by drink driving, and for good reason, and using a mobile while driving has been proven in many studies to be just as bad, if not worse. Despite this, around 40% of drivers between 18-24 routinely admit to sending or reading texts while driving. This shows that there is an urgent need for greater fines and punishments for drivers who use their mobiles while driving. Texting while driving is one of the most common causes of accidents on roads. This is because texting while driving results in physical, visual and cognitive distraction. It greatly increases the amount of time a driver  spends not looking at the road. It is a very serious distraction that can cost you your life or the lives of other people. According to recent research by Queensland’s RACQ, using a mobile phone in general can relay reaction time as much as having a blood alcohol content of 0.08% which is well over the legal limit of 0.05% in Australia. It reduces your reaction time by 35%, even when using hands-free, so texting is obviously going to be even worse because you are effectively driving blind for however long you look at your phone. In fact, every second you spend texting, you double your chances of being in a crash, so why take the chance? If you are ever driving a car and are about to send a text message or use your phone, think about how important it really is. Is it really worth risking your life to tell someone â€Å"lunch was nice† or â€Å"I’ll be home soon†? Is it worth leaving a child fatherless and asking questions like â€Å"Mum, who will look after me if you go to heaven like dad?† as was the case for 5 year-old Harry Stortz after his Dad Jason was killed by an under-age, unlicensed texting driver? Harry will never get to see his Dad again just so someone could make arrangements to pick a girl up and go to his mate’s house. This is just one horrible example of the vast number of deaths caused by texting while driving. We are all disgusted by drink driving, and for good reason, and using a mobile while driving has been proven in many studies to be just as bad, if not worse. Despite this, around 40% of drivers between 18-24 routinely admit to sending or reading texts while driving. This shows that there is an urgent need for greater fines and punishments for drivers who use their mobiles while driving. Texting while driving is one of the most common causes of accidents on roads. This is because texting while driving results in physical, visual and cognitive distraction. It greatly increases the amount of time a driver spends not looking at the road. It is a very serious distraction that can cost you your life or the lives of other people. According to recent research by Queensland’s RACQ, using a mobile phone in general can relay reaction time as much as having a blood alcohol content of  0.08% which is well over the legal limit of 0.05% in Australia. It reduces your reaction time by 35%, even when using hands-free, so texting is obviously going to be even worse because you are effectively driving blind for however long you look at your phone. In fact, every second you spend texting, you double your chances of being in a crash, so why take the chance? If you are ever driving a car and are about to send a text message or use your phone, think about how important it really is. Is it really worth risking your life to tell someone â€Å"lunch was nice† or â€Å"I’ll be home soon†? Is it worth leaving a child fatherless and asking questions like â€Å"Mum, who will look after me if you go to heaven like dad?† as was the case for 5 year-old Harry Stortz after his Dad Jason was killed by an under-age, unlicensed texting driver? Harry will never get to see his Dad again just so someone could make arrangements to pick a girl up and go to his mate’s house. This is just one horrible example of the vast number of deaths caused by texting while driving. We are all disgusted by drink driving, and for good reason, and using a mobile while driving has been proven in many studies to be just as bad, if not worse. Despite this, around 40% of drivers between 18-24 routinely admit to sending or reading texts while driving. This shows that there is an urgent need for greater fines and punishments for drivers who use their mobiles while driving. Texting while driving is one of the most common causes of accidents on roads. This is because texting while driving results in physical, visual and cognitive distraction. It greatly increases the amount of time a driver spends not looking at the road. It is a very serious distraction that can cost you your life or the lives of other people. According to recent research by Queensland’s RACQ, using a mobile phone in general can relay reaction time as much as having a blood alcohol content of 0.08% which is well over the legal limit of 0.05% in Australia. It reduces your reaction time by 35%, even when using hands-free, so texting is obviously going to be even worse because you are effectively driving blind for however long you look at your phone. In fact, every second you spend texting, you double your chances of being in a crash, so why take the chance? If you are ever driving a car and are about to send a text message or use your phone, think about how important it really is. Is it really worth risking your life to tell someone â€Å"lunch was nice† or â€Å"I’ll be home soon†? Is it worth leaving a child fatherless and asking questions like â€Å"Mum, who will look after me if you go to heaven like dad?† as was the case for 5 year-old Harry Stortz after his Dad Jason was killed by an under-age, unlicensed texting driver? Harry will never get to see his Dad again just so someone could make arrangements to pick a girl up and go to his mate’s house. This is just one horrible example of the vast number of deaths caused by texting while driving. We are all disgusted by drink driving, and for good reason, and using a mobile while driving has been proven in many studies to be just as bad, if not worse. Despite this, around 40% of drivers between 18-24 routinely admit to sending or reading texts while driving. This shows that there is an urgent need for greater fines and punishments for drivers who use their mobiles while driving. Texting while driving is one of the most common causes of accidents on roads. This is because texting while driving results in physical, visual and cognitive distraction. It greatly increases the amount of time a driver spends not looking at the road. It is a very serious distraction that can cost you your life or the lives of other people. According to recent research by Queensland’s RACQ, using a mobile phone in general can relay reaction time as much as having a blood alcohol content of 0.08% which is well over the legal limit of 0.05% in Australia. It reduces your reaction time by 35%, even when using hands-free, so texting is obviously going to be even worse because you are effectively driving blind for however long you look at your phone. In fact, every second you spend texting, you double your chances of being in a crash, so why take the chance? If you are ever driving a car and are about to send a text message or use your phone, think about how important it really is. Is it really worth risking your life to tell someone â€Å"lunch was nice† or â€Å"I’ll be home soon†? Is it worth leaving a child fatherless and asking questions like â€Å"Mum, who  will look after me if you go to heaven like dad?† as was the case for 5 year-old Harry Stortz after his Dad Jason was killed by an under-age, unlicensed texting driver? Harry will never get to see his Dad again just so someone could make arrangements to pick a girl up and go to his mate’s house. This is just one horrible example of the vast number of deaths caused by texting while driving. We are all disgusted by drink driving, and for good reason, and using a mobile while driving has been proven in many studies to be just as bad, if not worse. Despite this, around 40% of drivers between 18-24 routinely admit to sending or reading texts while driving. This shows that there is an urgent need for greater fines and punishments for drivers who use their mobiles while driving.

Wednesday, October 2, 2019

An Appraisal Of Police Reforms In Kenya Criminology Essay

An Appraisal Of Police Reforms In Kenya Criminology Essay Police Services form part of the executive arm of the Government. Before the promulgation of the Constitution 2010, on 27th August 2010 they were referred to as Police Forces and were under the Ministry of State for Provincial Administration and Internal Security. The two Police Forces were the Kenya Police and the Administration Police Forces established under the repealed Police Act Chapter 84 and Administration Police Act Chapter 85 respectively. Together with other three sister departments in the Ministry, that is the NACADAA, the Government Press and the Provincial Administration, the five key departments are all answerable to one Accounting Officer under the Ministry. The Commissioner of Police has been the in charge of the Kenya Police Force while the Commandant of Administration Police, who before 27th August, 2010 operated under delegated authority  [1]  , has been in charge of the Administration Police Force. More often than not the Police have found themselves in crossroads with members of public and Civil Society Organizations. This has led to them being viewed as the key violators of Human Rights  [2]  . They have earned a title violators rather than protectors and keepers of Human Rights. The Alston Reports  [3]  on Judicial killings laid blame on Police on deaths and disappearance of youth without anybody accounting for them. Several shootings of innocent individuals have been associated with the Police guns. The duty imposed on Police of Protection of life and property has been reduced to perception that they are to eradicate life and property of innocent people. The experts on commission for enquiry and thinkers of reforms came up with recommendations in their report after the 2007-2008 Post Election Violence which associated most loss of life to the excessive use of force by police amongst other vices and omissions. Waki Report  [4]  indicate that the security forces were powerless against the violence. Often, when we think of police reforms, the people concerned many a times tend to either forget or neglect the primary reason and function of the police service right from the initial stage it was formed to where they focus it to be, which is of great importance and should always be taken seriously. Peaceful co-existence and calmness in the society is the recipe for experiencing and enjoyment of freedom and human rights. With breach of this, society is bound to be in a chaotic state, confusion and fear. This is why police work always comes in handy if professionally applied backed with strong laws and reliable independent judicial systems. The society creates laws and puts in place the justice system to deal with law breakers; police on the other hand has a responsibility to enforce these laws within the society for the purpose of sustaining peace and calmness. When a society enjoys relative peace and order, it signifies that people obey the laws laid down with offenders being subjected to justice promptly. Strict justice systems and societies law obedience always ease the work of police. You can institute police reform, you can reorganize service delivery but you cannot alter the fundamental principles of policing and police operations. Reformers and reform agendas must be cognizant of another reality that police officers and police services are delivering something that some people in the society are opposed to. No one wants to be a victim of crime. No one wants the law, criminal or regulatory, enforced on them.  [5]   Police reform or review will not make this disappear and no matter how you package or tidy up service delivery or the players, there will always be displeasure with the police. So we mostly find that the performance of any organization depends on the principles on which it is founded and the tempered actions of its officers. Violations of the founding principle of an organization lead to straying away hence corruption, inefficiency and partisan personnel who can easily be misused by influential who have personal interest of enriching themselves. It is because of this, that the police have found themselves being misused by politicians as they serve as agents of political executives rather than as an instrument of a democratic state. This leaves a weak police Service heavily reliant of its masters who politicize and destabilize the police hence vices. The police force had been marked with a reputation of applying the law selectively against opponents, whether political or personal, at the behest of person of influence. Impunity has reigned supreme and hence reforms appearing to be a distant reality. Security is a basic human right as it is underlined by Article 3 of the Universal Declaration of Human Rights. As a member of the family of nations, Kenya subscribes to this Declaration. As a country, we regard security as a matter of national priority.  [6]  Security of persons as a basic human right is also one of the most significant factors contributing to the quality of communities worldwide. Security provides an enabling environment for citizens to live and work in, and it stimulates social, economic and political development.  [7]   Kenyas transition, and prospects of development, hinge to a great extent on the countrys ability to guarantee security within her borders. This is a goal that the current Government is committed to attain. It is also a good that many Kenyans are longing for.  [8]   It is against this background that there have been attempts by the Kenyan Government to institute police reforms. Though the Government had initiated the Police Reforms since 2004 when the NARC Government first came to power, on platforms of Reforms, these reforms were largely operational and administrative as they did not address the structural policy and legislative reforms that were fundamental in transforming the Police.  [9]   Consequently, the Government appointed the National Task Force on Police Reforms on the 8th May, 2009, led by The Hon. Justice (Rtd) Philip Ransley in Kenya Gazette Notice No.4790.1  [0]   The Task Force was mandated with the following Terms of References:-1  [1]   Examine the existing policy, institutional, legislative, administrative, and operational structures, systems and strategies and recommend comprehensive reforms taking cognizance of the recommendations contained in agenda 4; Kriegler, Waki and other Police related Reports so as to enhance police efficiency, effectiveness and institutionalize professionalism and accountability.(Special focus to be given to recommendations on Police Service Commission; Independent Police Oversight Authority; Policing Policy; and National Security Policy); Examine the existing competence, skills knowledge and attitudes of the Police at all levels and make recommendations aimed at enhancing shared core values, policing excellence and benchmarking against international best practices. Review the human resource management and development policies with a view to examine current standards and practices in recruitment, deployment, training, career progression, exit, post-exit management and recommend implementation of changes that enhance morale, meritocracy and professionalism; Review the tooling, logistical and technological capacity and recommend changes necessary to sustain modern security management, disaster management, conflicts and early warning/rapid response systems and joint operational preparedness strategy; Review the state of preparedness of the police to combat insecurity and other forms of emerging security challenges occasioned by national and international threats such as terrorism, piracy, organized gangs, drug/human trafficking, industrial espionage, cyber crime, money laundering, and economics crimes; Review and recommend strategies to harmonize and fast-track partnership between the community and security agencies in policing; Design a continuous monitoring and evaluation mechanisms to track police reform gains and consistency of policing needs; Recommend appropriate institutional arrangement to oversee the implementation of comprehensive police reforms; Prepare a draft Police Reforms Bill to embrace the comprehensive Police reform agenda; Make any other appropriate recommendations that add value to police reforms; and Develop a prioritized implementation matrix clearly categorizing the immediate, medium, and long- term police reforms and the attendant budgetary requirements. Within two and half months to submit to the President its findings and recommendations. The task Force submitted its report on October 2009 having made various recommendations summarized under four headings:-Professionalism, accountability, operational and administrative reforms and institutional policy and legislative reforms On 8th January,2010, the Government established the Police Reforms Implementation Committee charged with the responsibility of coordinating, supervising, providing, technical guidance, facilitation as well as mobilizing resources, communicating, monitoring and evaluation of reforms in the police.1  [2]   The promulgation of the Constitution of Kenya, 2010 on 27th August, 2010 marked a milestone on the issue of the Police Reforms in Kenya.To crown it all, Article 243 to 2471  [3]  constitutionally provided a departure from the previous regime organizations of the police matters. 1.1. Objectives of the Study The study intends to appraise police reforms in Kenya and recommend the best approach to reforms, hence contribute to the process of reforming the police in Kenya to be more effective and accountable in their service. The research will also act as an informative tool and strengthen the knowledge of the readers, researchers, and any other interested parties. Specific objectives of the study were: To identify indicators of police reforms; To identify appropriate analysis and measurement tools to measurement the level of police reforms in Kenya; To gauge the level of police reforms and to benchmark with that of other countries; To recommend measures for the realization of police reforms in Kenya. 1.2 Problem Statement The following points summarize problem statement concerning police reform in Kenya that this research seeks to address: Not much has been done in terms of realistically appraising police reforms in Kenya. There is lack of continuous expert evaluations along the way. In certain cases, internal evaluations that are deficit of technical analysis are carried out, the reliability of the findings may be questionable; The police still have outdated colonial cultures and brutality with deep rooted corruption rate which is a concern of the public, the Kenya Government and the international community; Lack of professionalism; ineffective supervision and poor managerial skills; inadequate and oversight accountability and oversight mechanisms in the police; Slow pace of enactment of necessary legislations to speed up the reform process; 1.3. Scope of the Research It was necessary to clearly define boundaries of the research to focus on the objectives of the study and to eliminate ambiguities. The focus of the research was to assess the successes, failures and challenges of police reforms by identifying reform indicators and gauging reform activities using them. The goal was to shed light into the realities of police reform efforts by highlighting achievements and by benchmarking with other exemplary strides in Africa and the world. This research, being an appraisal, meaning judging the nature/value of the reform process or making considered opinion on quality/extent/status, the research dwelt on aspects that closely correlated with reform evaluation. 1.4. Theoretical Framework There are various theories which justify reforms. These theories explain the relationship between the ways things are and how they ought to be, the realisms and the idealisms. The Natural Law vie propound true law as the right reason in agreement with nature.1  [4]  That law is universal, eternal and unchanging and that there is only one source of law and the enforcer of this eternal and unchanging law is God. That law is a rule whereby man is induced to act or restrained from acting. Principles common in all natural law theories are that1  [5]  there are absolute values against which the validity of law should be tested. That there exists an order which is rational and which can be known by man. That man can become aware of the universal, eternal and comprehensible values, if he observes nature and understands it correctly. And that from these values man may derive appropriate value-statements. That, that which is good is in accordance with nature and which is evil contrary to nature. That a law which lacks moral validity is wrong and unjust. Positivism refers to a system of philosophy based on things that can be seen or proved rather than ideas. The basic premise of positivism lies in the derivation of positum meaning that the law is something posited or laid down. The positivist law argues thus that true law is law enacted by the sovereign and backed by sanctions1  [6]  :- Law is a social fact; The idea of law being a command emanating from a sovereign power; The idea that law must embody a medium of sanctions; The separation of law from morals or ethical concerns; That society must be in habitual obedience of the law; Idealism refers to the practice of forming or pursuing or believing in ideas, even when this is not realistic. It is the belief that ideas are the only things that are real or about which we can know anything.1  [7]   The theoretical framework of this study is therefore to be based on the natural and positive school of thoughts which are related in that positivism arose to answer defects in the naturalists understanding of law1  [8]  . But more to the ideas of the two theories, the study is based on idealisms, what ought to be rather than what is. 1.5. Conceptual Framework There are a number of concepts that explain policing e.g. problem-oriented policing, evidence-based policing, community policing, predictive policing and intelligence-led policing. This research proposes the framework of predictive policing to analyze police reforms in Kenya. Predictive policing is defined as any policing strategy or tactic that develops and uses information and advanced analysis to inform forward thinking crime prevention1  [9]  . Predictive policing concept involves data mining, geospatial prediction, statistical probability and social network analysis. Since this research involves much of data mining and intense use of statistical methods, the concept suits this research. Predictive policing approach originated from a number of sources including intelligence and business analytics2  [0]  . This approach was adopted because the criminal justice system in Kenya currently has inadequate tools and research to the development of evidence-based practices. This concept is embraced as the police services continue developing intelligence-led policing To be able to use this approach, the research proposes a boiling pot model with a pot of reform factors on a three stone hearth acting as pillars firing the reforms. The pillars support the police organization and energize management, administration and the entire police structures. These pillars are capacity legal environment, personnel, budget compensation, personnel, training equipment. The results of the boiling pot are reduced crime rate, observance of human rights, police-public cooperation, public acceptance of the police service, political independence of the police, incorruptibility and reachable police service with authority. Figure 1 The boiling pot model of police reform Source ¼Ã… ¡Author The boiling pot model was proposed in this research as an innovative way of explaining police reforms in the context of predictive policing since a lot has to be in place to facilitate boiling. The reform process needs support and should any one pillar crumble, effects are seen in the results which are squarely dependent on input from the pillars. Again, if the boiling heat goes down, expected results are delayed, half-realized or not achieved at all. Figure 1 illustrates police reforms boiling pot model. 1.6. Limitations of the Study There were obstacles that possibly limited the validity of results of this study to some extent. Limited time and hurdles of data collection ranging from resources to field visits were cumbersome. Questionnaire questions are possible sources of error; so great care in constructing them is essential if valid information is to be gained from the survey2  [1]  . Some of the interviewees declined to answer questions or were busy or lacked interest hence could give unreliable information. This research addressed this limitation, according to guidelines by Barbara and Robert (1980), A Practice Guide to Behavioral Research, pp. 20, using interview techniques like probes and other means of avoiding socially desirable response-statements and other undesirable interviewer/respondent interactions. Availability of data on police reforms is highly limited especially in Africa2  [2]  . Available police data from the Kenya Police and Administration Police is ad hoc and not systematically collected and cannot be very reliable in appraising the successes and failures of police reforms in Kenya. Chapter 2. Literature Review Berkeley2  [3]  notes: reform is such a strong word (which) is often misapplied in regard to police service delivery. Too often it becomes the term for what should be called organization or structure review. Reform is defined as a change for the better or improvement by removal of faults2  [4]  ; it means to fine-tune and restructure without radical changes2  [5]  . Police reforms therefore mean restructuring the police services with the aim of improving them; changing them for the better and fine-tuning the services. In respect to security sector reforms, SSR, police reform is defined as the transformation of a security system, including all the actors, their roles, actions and responsibility to manage and operate the system in a manner that is consistent with democratic norms and sound principles of good governance2  [6]  . 2.1. Police Reforms in Africa Policing in Africa is still inadequately documented and has been shaped by colonial rule that was greatly concerned with protecting interests of the colonial power compared to safeguarding safety and security needs of the people2  [7]  . After colonial rule mostly during the 1960s, development of more personal, impulsive and arbitrary neo-patrimonial rule played a role in shaping the police. Incumbent regimes utilized colonially inherited repressive capacity of the police to defend regime interests2  [8]  . Since many countries in Africa have faced internal civil war, brutality and destruction, the police became perpetrators, targets and casualties. The 2008 violence in Kenya saw role of Kenyan police forces with large scale brutality and extra-judicial killings in a large scale2  [9]  . Dynamics of police reform in Africa is understood within the context of policing environment for example in conflict-ridden areas, rural area policing, role of politics in reform process among others. In conflict areas, general policing is always seen as irrelevant or as part of the problem since more of military approaches are adopted. In such cases, new armed units which act as roving agents of repression and control3  [0]  are created to defend the interest of the power of the day. There are proofs of intimate connection between police and politics in Africa3  [1]  . Police reform is regarded a political endeavor and political interests are fundamental to the reform process. Police reforms envisaged in Africa involve changes in structure, function and legitimacy. Structurally police change from centralized to decentralized form; functionally the police change from emphasizing defense of regime to protection of citizens, and regarding legitimacy the change is from regime-based to people-driven legitimacy3  [2]  . Police Reforms in South Africa and the United States of America It is important to do comparative analysis of police reforms in Kenya with that in the USA and South Africa as benchmarks. The two countries are chosen as pinnacles of police reforms with South Africa giving a realistic African example. 2.2.1. Police Reform in South Africa Police reform in South Africa is understood within the unique political context. Apartheid system had racial status as its main feature and security institutions were organized in a similar way  [38]  39. South African Police and the judiciary were dominated by white officers at the senior level. Apartheid was known for brutality of security forces and widespread violation of human rights. During 1960 1990, about 78,000 people were detained without trial by the police because of political activism against apartheid  [40]  . Seventy-three executions in detention by police were recorded during that period of formal apartheid. In recent years, security forces were responsible for high levels of torture, extra-judicial executions and disappearance of pro-democracy activists. The coercion of unpopular racist laws created a deep crisis of legitimacy in the pre-reform criminal justice system in South Africa. In the late 1980s, the state of apartheid was in serious crisis forcing the police, army and bureaucracy to invent strategies, one being National Security Management System (NSMS) to defeat the liberation movements. The police and military suppressed protests during the State of Emergency declared in 1985 and there were mass arrests, trials, persecution, and murder. Police reform was shaped by negotiated political settlement after apartheid, that agreed to retain all employees of the apartheid government, police officers included. The settlement also created a Government of National Unity and Truth and Reconciliation Commission which dealt with some police abuses in apartheid. As negotiations were going on, the police were already involved in framing new arrangements for the management of public order and security of elections under the auspices of the National Peace Accord multi-party experience that gave the police a preview of the style required by democratic government. The police reform process was given highest priority in the first period of transition and state institutions relevant to effective combat of crime were put in place  [41]  . Mandela government had a challenge to build trust between state agencies, including the police, and the citizens. The police was given legitimacy of being associated with the new regime and was attached to repression of apartheid. Police-community relationship was to be built to allow the basic functionality of the police institution  [42]  . The initial steps to police reform in South Africa were shaped by clear strategic decision taken by the government with strong emphasis on accountability and oversight. In the second term of the democratically elected government, after political control and legitimacy has been achieved, the government started to emphasize the role of police in fight against crime. With many unresolved issues in initial stage of police reform, the government gave great importance to several strategic priorities and policies leading to great ideas in paper but inadequate capacity to implement policies in the police institution. Though South African experience of police reform is cited as a model for other African states, the process was laborious and often agonizing for members of the police organization  [43]  . 2.2.2. Police Reform in the United States of America Initial efforts of reform were through establishment of external commissions that outlined reforms and left the burden of implementation to the police. Important changes in policing, in respect to civil rights and constitutional law, were realized through a number of court decisions  [44]  3. Court decisions between 1961 and 1966, especially Mapp versus Ohio and Miranda versus Arizona, were highly influential and thus began to set national policing standards  [45]  3  [4]  . During the 1970s, special commissions were used to create changes in police and other law enforcement agencies. Permanent external oversight agencies were used to improve police accountability. The agencies focused on individual improvements3  [5]  and left out broader organizational issues that could result to long-term reform initiatives. Enactment of Violent Crime Control and Law Enforcement Act in 1994 allowed for suits against law enforcement agencies with regard to abuses resulting into many departments signing memorandum of understandings to reform3  [6]  . The United States Department of Justice conducted investigation on abuse patterns in police and brought legal action to force changes. Less-than-lethal weapons like chemical sprays were introduced as alternatives to deadly force3  [7]  . Police reform encouraged police officers to try to deescalate situations with verbal warnings and persuasion and consider use of force continuum3  [8]  . 2.3. Key Lessons from South Africa and USA The following are clear from the two experiences3  [9]  : Substantial resistance to police reform efforts is highly expected from economic elite who gained from the old system and institutions which control public security apparatus; Sectors that feel insecure would champion for citizen-oriented policing; There is possibility of politicians taking selfish advantage of the reform process and thus violating the spirit of police reform; The government in place may form parallel police units that undermine development and legitimacy of the reform process or even favor particular police units compared to the others; In attempts to demilitarize the police, attention should be focused on composition, mission, doctrine and hierarchical separation of the police from military command; Participation of previously neglected groups in policing helps to ensure that policing is effectively representative of and responsive to the society. International actors can provide assistance with issues of composition and doctrine, as well as advice. To achieve effective reforms, there is need to strengthen and equip crim