Security and Devolution in Kenya: Struggles in Applying Constitutional Provisions to Local Politics
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Statelessness and Citizenship in the East African Community
Statelessness and Citizenship in the East African Community A Study by Bronwen Manby for UNHCR September 2018 Commissioned by UNHCR Regional Service Centre, Nairobi, Kenya [email protected] STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY 2 September 2018 STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Table of Contents List of Tables ............................................................................................................................... i List of Boxes ................................................................................................................................ i Methodology and acknowledgements ...................................................................................... ii A note on terminology: “nationality”, “citizenship” and “stateless person” ........................... iii Acronyms .................................................................................................................................. iv Key findings and recommendations ....................................................................... 1 1. Summary ........................................................................................................... 3 Overview of the report .............................................................................................................. 4 Key recommendations .............................................................................................................. 5 Steps already taken .................................................................................................................. -
Chapter 12 Administering and Regulating Security And
CHAPTER 12 ADMINISTERING AND REGULATING SECURITY AND CRIMINAL JUSTICE IN KENYA AND AFRICA This Chapter may be cited as: Ben Sihanya (forthcoming 2020) “Administering and regulating security and criminal justice in Kenya and Africa,” in Ben Sihanya (2020) Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa Vol. 2: Presidency, Premier, Legislature, Judiciary, Commissions, Devolution, Bureaucracy and Administrative Justice in Kenya Sihanya Mentoring & Innovative Lawyering, Nairobi & Siaya 12.1 Conceptualising Security and the Criminal Justice System in Kenya and Africa My overarching argument is that national or public security has a narrow and a broad meaning and significance which are equally important in the quest for constitutional democracy in Kenya and Africa.1 In this chapter, security and criminal justice is prolematised and conceptualized using the Afro-Kenyanist methodology and approach, with elaborate anecdotes and references to Kenyan and African scholarship. What are some of the key issues in the constitutional, legislative, policy and administrative debate in the context of the Building Bridges Initiative (BBI)…. How has security and the criminal justice system (CJS) been conceptualized, problematized, and contextualized in Kenya and Africa? Significantly, in Kenya and some African states, security is a human right. It is also a core function and obligation of the Executive and the President and/or Prime Minister. Art 238(1) of the Constitution defines national security thus: “National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.”2 And Article 29 guarantees security as a human right. -
A Street Named Bi Pendo,How to Write About
A Street Named Bi Pendo By Carey Baraka “Memory is short-lived/And more important instead/That streets are well-laid/Flowing and uncongested.” — Jonathan Kariara, Naming Streets in Nairobi The main road that runs through Kisumu is called Jomo Kenyatta Highway. Named after the country’s first president, the road divides the town in a North-South axis that runs from Patel Flats (where it stops being Kakamega Road) to the State Lodge in Milimani. In fact, one might argue that it is the spine of the city, in the sense of it being the central nervous system and the other roads feeding off it. In other words, cut off this road from either end (at Kondele or at the intersection with Busia Road) and you have killed Kisumu. During the 2017 electoral period, Jomo Kenyatta Highway was the epicentre of several violent clashes between opposition supporters and police officers. A general election had been held on 8 August and the main candidates in the presidential election were the incumbent, Uhuru Kenyatta of the Jubilee Party, and Raila Odinga of the NASA coalition. On 9 August, as tallying was ongoing, Odinga announced that the elections database had been hacked and the results were being manipulated in favour of his opponent, and that the hacker had used the credentials of Chris Msando, the Independent Electoral and Boundaries Commission (IEBC) ICT manager who had been murdered less than two weeks to the election. Odinga said, “What the IEBC has posted is a complete fraud . to give Uhuru Kenyatta votes that were not cast . -
POLICING REFORM in AFRICA Moving Towards a Rights-Based Approach in a Climate of Terrorism, Insurgency and Serious Violent Crime
POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, Mutuma Ruteere & Simon Howell POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, University of Jos, Nigeria Mutuma Ruteere, UN Special Rapporteur, Kenya Simon Howell, APCOF, South Africa Acknowledgements This publication is funded by the Ford Foundation, the United Nations Development Programme, and the Open Societies Foundation. The findings and conclusions do not necessarily reflect their positions or policies. Published by African Policing Civilian Oversight Forum (APCOF) Copyright © APCOF, April 2018 ISBN 978-1-928332-33-6 African Policing Civilian Oversight Forum (APCOF) Building 23b, Suite 16 The Waverley Business Park Wyecroft Road Mowbray, 7925 Cape Town, ZA Tel: +27 21 447 2415 Fax: +27 21 447 1691 Email: [email protected] Web: www.apcof.org.za Cover photo taken in Nyeri, Kenya © George Mulala/PictureNET Africa Contents Foreword iv About the editors v SECTION 1: OVERVIEW Chapter 1: Imperatives of and tensions within rights-based policing 3 Etannibi E. O. Alemika Chapter 2: The constraints of rights-based policing in Africa 14 Etannibi E.O. Alemika Chapter 3: Policing insurgency: Remembering apartheid 44 Elrena van der Spuy SECTION 2: COMMUNITY–POLICE NEXUS Chapter 4: Policing in the borderlands of Zimbabwe 63 Kudakwashe Chirambwi & Ronald Nare Chapter 5: Multiple counter-insurgency groups in north-eastern Nigeria 80 Benson Chinedu Olugbuo & Oluwole Samuel Ojewale SECTION 3: POLICING RESPONSES Chapter 6: Terrorism and rights protection in the Lake Chad basin 103 Amadou Koundy Chapter 7: Counter-terrorism and rights-based policing in East Africa 122 John Kamya Chapter 8: Boko Haram and rights-based policing in Cameroon 147 Polycarp Ngufor Forkum Chapter 9: Police organizational capacity and rights-based policing in Nigeria 163 Solomon E. -
Handbook on Kenya's Electoral Laws and System, EISA (2010)
A HANDBOOK ON KENYA’S ELECTORAL LAWS AND SYSTEM HIGHLIGHTS OF THE ELECTORAL LAWS AND SYSTEM ESTABLISHED BY AND UNDER THE CONSTITUTION OF KENYA 2010 AND OTHER STATUTES. ©Electoral Institute for Sustainable Democracy in Africa (EISA) ONGOYA, Z. ELISHA & WILLIS E. OTIENO Published by: Electoral Institute for Sustainable Democracy in Africa (EISA) 6th Floor I&M Bank House, 2nd Ngong’ Avenue, Upper Hill P.O. Box 35304 - 00100 Nairobi, Kenya Tel: 020 - 271 227 3 Fax: 020 271 227 5 Email: [email protected] Website: www.eisa.org.za ISBN No. 978-9966-21-148-4 Ongoya, Z. Elisha is an Advocate of The High Court of Kenya based in Nairobi. Willis E. Otieno is an Advocate of The High Court of Kenya working at EISA Kenya fi eld offi ce. © Electoral Institute for Sustainable Democracy in Africa (EISA), 2012 About the Electoral Institute for Sustainable Democracy in Africa (EISA) EISA is a not for profi t organisation established in 1996 and headquartered in Johannesburg (South Africa) with fi eld offi ces in Kinshasa (DRC), N’Djamena (Chad), Antananarivo (Madagascar), Maputo (Mozambique), Nairobi (Kenya), Harare (Zimbabwe) and Cairo (Egypt). EISA’s vision is for an African continent where democratic governance, human rights and citizen participation are upheld in a peaceful environment. EISA strives for excellence in the promotion of credible elections, citizen participation, and the strengthening of political institutions for sustainable democracy in Africa. • To achieve its objectives, EISA works in a number of programme areas including; • Democracy, confl -
Statelessness and Citizenship in the East African Community
Statelessness and Citizenship in the East African Community A Study by Bronwen Manby for UNHCR September 2018 Commissioned by UNHCR Regional Service Centre, Nairobi, Kenya [email protected] STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY 2 September 2018 STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Table of Contents List of Tables ............................................................................................................................... i List of Boxes ................................................................................................................................ i Methodology and acknowledgements ...................................................................................... ii A note on terminology: “nationality”, “citizenship” and “stateless person” ........................... iii Acronyms .................................................................................................................................. iv Key findings and recommendations ....................................................................... 1 1. Summary ........................................................................................................... 3 Overview of the report .............................................................................................................. 4 Key recommendations .............................................................................................................. 5 Steps already taken .................................................................................................................. -
Secessions, Majimboism and the Federalist Debate in Africa: a Comparative Study of South Sudan, Kenya and Nigeria
UNIVERSITY OF NAIROBI INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES SECESSIONS, MAJIMBOISM AND THE FEDERALIST DEBATE IN AFRICA: A COMPARATIVE STUDY OF SOUTH SUDAN, KENYA AND NIGERIA KEVIN KARANGI KARIUKI R52/80323/2012 A RESEARCH PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF THE REQUIREMENTS OF THE DEGREE OF MASTERS IN INTERNATIONAL CONFLICT MANAGEMENT, INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES, (IDIS), UNIVERSITY OF NAIROBI SEPTEMBER 2014 Declaration This project is my original work and has not been submitted for degree to any other University. Signature.................................................... Date..................................................... Kevin Karangi Kariuki This project has been submitted for examination with our approval as University supervisors. Signature.................................................... Date..................................................... Dr. Ibrahim Farah ii Acknowledgments First and foremost, ALL Glory goes to God for seeing me this far. I am forever grateful to the following persons; Dr.Ibrahim Farah, the project supervisor, for his assistance, encouragement and guidance in making the project a success. I also thank all the lecturers who in one way or another have made this work a success and also for the knowledge they have imparted to me since I joined UON in 2012. I would like to acknowledge my parents, Mr. and Mrs. Karangi who have been loving and caring parents and supported me whole heartedly. I truly thank you for all the support you have given me. I also extend my sincere thanks to my brothers Ian Kimani, Martin Robi and David Kinuthia for their encouragement. I would also like to thank Mercy Gathoni for her words of encouragement and prayers. Gen. J W Karangi¸ Chief of The Kenya Defense Forces, for the assistance he gave me by providing research material and for sharing his priceless thoughts on the topic at hand which has led to a successful project. -
Placing the Kenyan Law on Benefit-Sharing Within Its Proper Social, Economic and Political Context: the Case Study of Turkana Oil Resources
PLACING THE KENYAN LAW ON BENEFIT-SHARING WITHIN ITS PROPER SOCIAL, ECONOMIC AND POLITICAL CONTEXT: THE CASE STUDY OF TURKANA OIL RESOURCES BY ODHIAMBO FELIX OTIENO G62/75864/2014 SUPERVISOR: DR JANE DWASI A DISSERTATION SUBMITTED TO THE UNIVERSITY OF NAIROBI IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF MASTER OF LAWS (LL.M) NOVEMBER 2015 1 DECLARATION I declare that this Dissertation is my original work and that the same has not been presented or is not currently being presented for a degree in any other University. ……………………………………….. Odhiambo Felix Otieno ………………………………………… Date This Dissertation has been submitted for examination with my approval as University of Nairobi Dissertation Supervisor, ……………………………………….. Dr. Jane Dwasi Department of Public Law, University of Nairobi. …………………………………………. Date ii DEDICATION This work is dedicated to; The souls of my sweet Mum, Grace Mary Atieno, Grandma Prisca Oyieko, Paul and Regina Nadeau. May your dear souls find eternal rest in God‟s Heavenly abode. Amen. And My dear wife Lilian, and our lovely children Lance, Trevor and the yet to be born daughter, Graca Ethel. Your unconditional love, support and presence in my life has been a true inspiration. And To the souls of all those Kenyans whose lives have been snuffed out through politically- instigated ethnic and land-related clashes. Your deaths were never in vain as they provided the reality jolt which spurred the constitutional and legal reforms which are presently taking root, albeit, painstakingly. Your deaths have driven us away from the precipice of annihilation and promise to deliver us to safety. -
INSULT to INJURY the 2014 Lamu and Tana River Attacks and Kenya’S Abusive Response
INSULT TO INJURY The 2014 Lamu and Tana River Attacks and Kenya’s Abusive Response HUMAN RIGHTS WATCH hrw.org www.khrc.or.ke Insult to Injury The 2014 Lamu and Tana River Attacks and Kenya’s Abusive Response Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-32446 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org JUNE 2015 978-1-6231-32446 Insult to Injury The 2014 Lamu and Tana River Attacks and Kenya’s Abusive Response Map of Kenya and Coast Region ........................................................................................ i Summary ......................................................................................................................... 1 Recommendations .......................................................................................................... -
Kenya Constitutional Documents: a Comparative Analysis
CMIREPORT Kenya Constitutional Documents: A Comparative Analysis Preston Chitere Ludeki Chweya Japhet Masya Arne Tostensen Kamotho Waiganjo R 2006: 5 Kenya Constitutional Documents: A Comparative Analysis Preston Chitere, Ludeki Chweya, Japhet Masya Arne Tostensen, Kamotho Waiganjo R 2006: 5 CMI Reports This series can be ordered from: Chr. Michelsen Institute P.O. Box 6033 Postterminalen, N-5892 Bergen, Norway Tel: + 47 55 57 40 00 Fax: + 47 55 57 41 66 E-mail: [email protected] www.cmi.no Price: NOK 50 ISSN 0805-505X ISBN 82-8062-153-9 This report is also available at: www.cmi.no/publications This report has also been released as IPAR Working Paper No. 7/2006 Indexing terms Constitutions Comparative analysis Kenya Project number 25170 Project title Comparative study of Kenyan constitutions Contents ABBREVIATIONS AND ACRONYMS.......................................................................................................VI PART I: INTRODUCTION....................................................................................................................... 1 1. PREAMBLE............................................................................................................................................. 1 2. THE PROCESS AND PRELUDE TO THE REFERENDUM............................................................. 2 PART II: THE COMPARISONS ............................................................................................................... 5 3. THE EXECUTIVE AND ITS RELATIONSHIP TO PARLIAMENT .............................................. -
The Constitution of Kenya Review Act
No. 9 Constitution of Kenya Review 2008 THE CONSTITUTION OF KENYA REVIEW ACT No. 9 of 2008 Date of Assent: 11th December, 2008 Date of Commencement: 22nd December, 2008 ARRANGEMENT OF SECTIONS Section PART I — PRELIMINARY 1 —Short title and commencement. 2 —Interpretation. 3 —Object and purpose of the Act. 4 —Object and purpose of the constitutional review process. 5 —Organs of review. 6 —Guiding principles. 7 —Parliamentary Select Committee. PART II — ESTABLISHMENT AND COMPOSITION OF www.kenyalaw.org COMMITTEE OF EXPERTS 8 —Establishment and membership of the Committee of Experts. 9 —Procedure for appointing non-citizen members. 10—Qualification for appointment as member. 11—Chairperson and deputy chairperson. 12—Tenure of office. 13—Vacancy. 14—Removal of member of Committee of Experts. 15—Filling of vacancy. 16—Independence of Committee of Experts. 17—The Director. 18— Staff of the Committee of Experts. 19— Oath of office. 20—Code of Conduct. 21—Protection from personal liability. 22—Liability of the Committee of Experts for damages. 1 No. 9 Constitution of Kenya Review 2008 PART III — FUNCTIONS AND POWERS OF THE COMMITTEE OF EXPERTS 23—Functions of the Committee of Experts. 24—Powers of the Committee of Experts. 25—Procedure of the Committee of Experts. 26—Records of the Committee of Experts. 27—Civic education. PART IV — REPORT OF THE COMMITTEE OF EXPERTS AND ACTION THEREON 28—Completion of work. 29—Reference Materials. 30—National discussion of draft Constitution. 31—Reference Group. 32—Approval of draft Constitution by Parliamentary Select Committee. 33—Debate of draft Constitution by National Assembly. 34—Publication of the new Constitution. -
Beginner's Guide to the Proposed Constitution
Beginner’s guide to the Proposed Constitution: Chapter by chapter The background On 4 August, Kenyans will vote ‘Yes’ or ‘No’ to the question: “Do you approve the proposed constitution?” This is the introductory article in a series explaining, chapter by chapter, what the Proposed Constitution says. This article provides the background. The Proposed Constitution was drafted following a process set out in the 2008 Constitution of Kenya Review Act. The Act established four organs of review – the Committee of Experts (CoE), the Parliamentary Select Committee on the Review of the Constitution (PSC), the National Assembly, and the Referendum. The first three have completed their tasks. The referendum is the last step. But, the process did not start in February 2009 when the CoE assumed office. The 2008 Review Act states that it is “intended to facilitate the completion of the review of the Constitution”. Some say constitutional review started in 1997 when the first Constitution of Kenya Review Act was passed, others claim it started much earlier – perhaps in 1992 when multiparty democracy was restored or even in 1963 when the independence constitution was brought to Kenya from Lancaster House. Whatever the date, no one disputes that constitutional change has been on Kenya’s agenda for a long time. So, the Proposed Constitution was not created from scratch by the CoE, PSC and National Assembly. Its foundations lie in Kenya’s history of constitutional review. This is most obvious in the instructions to the CoE and other organs of review in the 2008 Act. First, the Review Act instructed the CoE to build on the work of its predecessors – the Constitution of Kenya Review Commission (the Ghai Commission) and the National Constitutional Conference (Bomas) and, especially, the draft constitutions that emerged from those processes.