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Reflections from Kenya's 2010 Transformative Constitution
Developing Progressive African Jurisprudence: Reflections from Kenya’s 2010 Transformative Constitution 2017 LAMECK GOMA ANNUAL LECTURE Lusaka, Zambia, July 27, 2017 Willy Mutunga1 Preliminary Remarks Chair of SAIPAR Members of the Institute I thank the Southern African Institute for Policy and Research (SAIPAR) for inviting me to give the PROFESSOR LAMECK GOMA ANNUAL LECTURE 2017. The late Professor Goma was a great scholar, the first Zambian Vice-Chancellor of the University of Zambia. He was also a great researcher and a patriotic public servant. 1 Dr. Willy Mutunga is the former Chief Justice of the Republic of Kenya and the President of the Supreme Court of Kenya. A major part of my remarks are taken from a speech I gave to Judges and guests of the Kenyan Judiciary on the occasion of the launching the Judiciary Transformation Framework on May 31, 2012. That speech has been published in the Socialist Lawyer: Magazine of the Haldane Society of Socialist Lawyers. Number 65. 2013,20. The journey of my thoughts since then and now reflected in this Lecture owes a great debt of intellectual, ideological and political gratitude to the following mentors and friends: Professors Jill Ghai, Yash Ghai, Sylvia Tamale, Joel Ngugi, James Gathii, Joe Oloka-Onyango, Issa Shivji, Makau Mutua, Obiora Okafor, Yash Tandon, David Bilchitz, Albie Sachs, Duncan Okello, Roger Van Zwanenberg, and Shermit Lamba. My Law Clerks at the Supreme of Kenya, namely, Atieno Odhiambo, Sam Ngure and Maxwell Miyawa helped with research. The theme of this Lecture is drawn -
Governance Assessment Kenya 2016.Pdf
GOVERNANCE ASSESSMENT KENYA: JANUARY 2013 – JULY 2016 Kenya: Governance Assessment GOVERNANCE ASSESSMENT Kenya: January 2013 – July 2016 Roland Ebole and Morris Odhiambo1 1 Introduction This report focuses on politically significant developments in Kenya from 2013, when the country held its first general elections under the 2010 constitution. The constitution is considered to have markedly enhanced protection of basic rights, significantly constrained executive power, and provides limited devolution of powers across 47 newly created county governments.2 In 2013, Kenya held its first general election under the 2010 constitution. Kenyans cast their votes for president, national and county-level representatives, female representatives to the National Assembly, and governors. With 50.5% of the vote, Uhuru Kenyatta of the National Alliance (TNA), backed by the Jubilee Alliance, won the presidency. His opponent, Raila Odinga of the Orange Democratic Movement (ODM), backed by the Coalition for Reforms and Democracy (CORD), was second with 43.7%. The election of governors and local assemblies strengthened the position of county governments. Female representatives to the National Assembly were elected in all 47 counties3 while 16 more were nominated to the Senate.4 Following the vote, CORD and a civil society organization (CSO) challenged the outcome of the presidential election at the Supreme Court,5 which had only 14 days to consider their petition under the constitution.6 Moreover, the pay scale for members of parliament set by the Salaries and Remuneration Commission was rejected by legislators, forcing the SRC to approve higher salaries.7 Implementation of the constitution and additional reforms continued, including the vetting of police officers by the National Police Service Commission (NPSC) and scrutiny of judges and magistrates by the Judges and Magistrates Vetting Board (JMVB). -
Judging the Judges: Who Are the Supreme Court Justices?
By Apollo Mboya If there is a jurisdiction that the Justices of the Supreme Court of Kenya curse is the court’s exclusive original jurisdiction to hear and determine presidential election petitions. It is both legal and political but politics reign supreme. In a highly divided country, the court will be doomed whichever way it rules. Former Chief Justice Dr. Willy Mutunga, conscious of the impact of “political jurisdiction” on the courts, expressed his frustrations in a public forum that courts ought not handle election disputes but instead politicians should “deal with their own shit” elsewhere. In his dissenting opinion in Bush v. Gore, Justice Stevens, underscoring CJ Mutunga’s thinking sympathized with the Supreme Court of the United States and indeed the judiciary following the highly disputed 2001 election dispute between George Bush and Al Gore opining as follows: Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law. Although SCOTUS does not have exclusive jurisdiction on presidential election dispute as Kenya’s, Bush v. Gore has been the court’s sore thumb that is thought to have led to a “court generated president”. Erwin Chemerinsky in his book The Case Against the Supreme Court notes: Bush v. Gore obviously cost the Supreme Court in terms of credibility. More than forty-nine million people who voted for Al Gore, and likely almost all of them regard the Court’s decision as a partisan ruling by a Republican majority [judges] in favour of the Republican candidate. -
Subverting Value Chains Through Liberatory Cultural Production
Cultural De-commodification: Subverting Value Chains Through Liberatory Cultural Production Luam Kidane Department of Art History and Communication Studies McGill University, Montreal April, 2016 A thesis submitted to McGill University in partial fulfilment of the requirements of the degree of Master of Arts © Luam Kidane, 2016 1 2 Abstract Freedom is a perpetual process, which can neither be defined nor predetermined. Any attempt at freedom is therefore an improvisation, an experimentation. Cultural production can act as a site for this improvisation to take root: a viaduct from which experimentations in colour, sound, form, movement and letters allows for dialogue and explorations of liberation practices. Liberatory cultural production is a process through which interventions, provocations, modifications, and proposals are made for the purposes of expressing, understanding, shaping, and interrogating political, cultural and social frameworks. This includes music, writing, movement, language, visual art, performance, as well as other forms of expression meant to inform and create how we relate to culture. These sites of cultural production which improvise freedom challenge the commodification of cultural production because they force a conceptualization of value outside of money, utility, exchange and labour. This thesis interrogates the relationship between value, liberation and cultural production through Marxist theory, Black Radical Thought, and a case study of Senegalese hip-hop from 1980-2012 in order to assert that cultural production which is a site for the improvisation of freedom has a liberatory value which subverts the law of value at the heart of the capitalist economy. 3 Résumé La liberté est un processus perpetuel qui ne peut ni être définie ou prédéterminée. -
A Luta Continua: Children and Youth in Mozambique’S Struggles
Chapter Two A Luta Continua: Children and Youth in Mozambique’s Struggles Ana Leão The focus of this chapter is a historical glimpse of youth involvement in Mozambican political change, where child soldiers seem to fall into a well- established pattern of youth involvement and youth mobilisation. The need for a historical perspective arises from the reality that children and youth comprise the largest demographic group in Africa and yet are the ones we know the least about. Research on young people has tended to focus on specific human security issues, such as child soldiers and HIV/AIDS, but there have been few attempts to profile youth socially, politically and economically. Having said this, youth is not a homogenous group; young people belong to different social economic strata and have different economic roles and political agendas. Concepts such as childhood, adolescence and adulthood vary according to different social, cultural and economic settings. In many African societies, age was and still may be defined not by the year of birth but rather by the ability of the individual to perform certain tasks and carry particular respon- sibilities. African children and youth have established their social identity and position through their contributions to the household and community. Fetching wood or water, cultivating, tending livestock, hunting and fishing are some of the tasks through which rural youngsters, for example, establish themselves as productive members of their community. But, although Africa’s young people are not immune to historical changes, little is known about how concepts of childhood and youth have adapted to the changing conditions of African societies.1 Over the course of our research, former child soldiers, none of whom had undergone any rituals of initiation in the traditional sense, were asked how age was defined in their community and none could really answer. -
A Discussion Guide
a discussion guide for the film The Africa Information Service (A.I.S.) is an organiza tion of Africans, African-Caribbeans and African Americans who share a commitment to Third World anti-imperialist struggles. We prepare, catalog, and distribute information on African liberation movements and on the struggles to achieve economic independence by the people in those parts ofAfrica recognized as independent political states. We also provide the people ofAfrica with information on various struggles being waged by Third World peoples in the Western Hemisphere. Africa is ou r focal point, but we recognize that the African struggles do not exist in isolation. They are themselves part of a larger movement by Third World peoples. a discussion guide forthefilm UA CONTENTS 2. Film Data 2. Credits 2. Distributors 3. Basic Statistics 3. Map of Africa 4. The Struggle in Mozambique 7. Suggested Questions For Discussion 8. Suggested Action in Support of FRELIMO, MPLA, AND PAIGC 9. Partial List of Organizations Working on Issues Related to Southern and Colonized Africa 11. Suggested Bibliography Books Periodicals LU C TINU (the struggle continues) FILM DATA Color 16 mm Optical Sound - English Narration Running Time: 32 minutes Footage: 1286 Filmed in the liberated areas of Mozambique (Niassa Province, September & October, 1971) CREDITS Producer/Director Robert F. Van Lierop Ci nematographer/Director Bob Fletcher Film Editor Richard Skinner Sound Editor George Copeland Sound Robert F. Van Lierop Animator Richard Skinner Map Cheryl Brown Voice Effects (Proclama tion of War & Eduardo Mondlane Filipe Nhancle Written and Narrated by Robert F. Van Lierop DISTRIBUTORS Tricontin.ental Film Center 244 West 27th Street New York, New York 10001 Africa Information Service 112 West 120 Street New York, New York 10027 2 BASIC STATISTICS (The Three Colonie) Angola area 485,000 sq. -
Herbert Shore Collection in Honor of Eduardo C
HERBERT SHORE COLLECTION IN HONOR OF EDUARDO C. MONDLANE INVENTORY Subgroup I. Historical Files relating to Herbert Shore’s interests in the Arts and Culture Series 1. Council on the Arts, Culture, and Technology (TACT), 1962-63, 1971-84, 1991, n.d. (1 architectural drawing) Box 1 TACT General Information Aboriginal Culture, Aboriginal Art from Papunya, Central Australia, Dec. 12, 1977 Ad-hoc panel in view of the preparation of the Second World Conference on Cultural Policies, Dec. 15–19, 1980 Annual Report to U.S. NATCOM, Sept. 30, 1980 Art and Education, Mar. 5, 1971 Art and the Future, 1978-80 Art in a Technological Society, Report by Herbert Shore, 1980 Art in a Technological Society, Workshops, Jan 24-25, 1980 (4f) The Arts and the Technological Challenge, 1982 Desmond E. Berghofer, The Development of Educational Policy in the Context of Lifelong Learning: A Discussion Paper, Mar. 2, 1983 The Black Art Revolution in the United States and Its Possible Relevance to Africa, Report to the Ford Foundation by Ulli Beier, n.d. The Communications Explosion, (1972?) Correspondence, 1978-80 Cultural Development and Policies, 1975-82, n.d. Cultural Policy and Unesco, 1979-1981, n.d., (3f) Cultural Transformations and the Human Scale of Time and Space, Ludwik Bielawski, n.d. Cultural Values, n.d. Culture & Technology, 1978, 1982, n.d. (4f) Development of a New Instrument of Percussion –The Two-Manual Vibraphone, Ronald M. George, n.d. Economic Order, Moving Towards Change, 1976 Education, Department of, 1976-1983 (5f) Educational Film Center, Storytellers, 1977-1979 Educational Research. Mozambique, 1980, n.d. -
Toward a Rule of Law Culture: Practical Guide
TOWARD A RULE OF LAW CULTURE Exploring Effective Responses to Justice and Security Challenges PRACTICAL GUIDE Leanne McKay TOWARD A RULE OF LAW CULTURE Exploring Effective Responses to Justice and Security Challenges PRACTICAL GUIDE Written by Leanne McKay and edited by Adewale Ajadi and Vivienne O’Connor With contributions by Adewale Ajadi, Diane de Gramont, Hamid Khan, Rachel Kleinfeld, George Lopez, Tom Parker, and Colette Rausch UNITED STATES INSTITUTE OF PEACE Washington, D.C. United States Institute of Peace 2301 Constitution Avenue, NW Washington, DC 20037 www.usip.org © 2015 by the Endowment of the United States Institute of Peace. All rights reserved. First published 2015 To request permission to photocopy or reprint materials for course use, contact the Copyright Clearance Center at www.copyright.com. For print, electronic media, and all other subsidiary rights e-mail [email protected] Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standards for Information Science—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. This guide is available in English, Arabic, and French at www.usip.org. The views expressed in this publication are those of the author alone. They do not necessarily reflect the views of the United States Institute of Peace. ii TOWARD A RULE OF LAW CULTURE A RULE OF LAW TOWARD Contents List of Figures ............................................................................................................................. -
Alternative Justice Systems Baseline Policy, 2020
AlternativeALTERNATIVE JUSTICE SYSTEMS FRAMEWORKJustice SystemsPOLICY Baseline Policy traditional, informal and other mechanisms used to access justice in kenya (alternative justice systems) August 2020 Copyright © Judiciary of Kenya, 2020 Published by The Judiciary of Kenya P.O. Box 30041 - 00100, Nairobi Tel. +254 20 2221221 First edition: August 2020 All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the author or acknowledging the source except for the inclusion of brief quotations in a review. Cover photo: Allan Gichigi/UNODC Design and layout: Amina Darani/UNODC This publication was produced with technical assistance from the United Nations Office on Drugs and Crime (UNODC) and with the financial support of the European Union through the Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD). Its contents are the sole responsibility of the Judiciary of Kenya and do not necessarily reflect the views of the European Union or UNODC. JUSTICE AS FREEDOM1: TR ADITIONAL, INFORMAL AND OTHER MECHANISMS FOR DISPUTE RESOLUTION IN KENYA August 2020 Alternative Justice Systems Baseline Policy 1 This phrase is borrowed from Amartya Sen,Development as Freedom (Oxford University Press: Oxford, 1999). Accord- ing to Sen (at page 3), development should not be gauged solely from an economic perspective or opportunities that any project is likely to create. Rather, we need to take a transformative approach. This perspective entails reviewing also rights that any initiative promotes or curtails. Aligning AJS Mechanisms and Judiciary to the Constitution of Kenya (2010) and The Judiciary’s Blueprint for Sustaining Judicial Transformation TASK FORCE ON THE TR ADITIONAL, INFORMAL AND OTHER MECHANISMS FOR DISPUTE RESOLUTION IN KENYA Letter of transmittal Date: Friday, 17th August, 2020 Hon. -
MAU MAU in NATIONAL and INTERNATIONAL CONSCIOUSNESS by Macharia Munene Introductory Remarks It Is Possible to Look at Mau Mau Co
MAU MAU IN NATIONAL AND INTERNATIONAL CONSCIOUSNESS By Macharia Munene Introductory Remarks It is possible to look at Mau Mau consciousness in terms of two overlapping phases of the Colonial and Post-colonial periods, represented by seminal publications which show the power of books to shape thinking and public consciousness. In the colonial period were Jomo Kenyatta’s 1938 Facing Mount Kenya, the Corfield Report in 1960. In the Post-Colonial period were John Nottingham’s The Myth of Mau Mau soon after independence, and Caroline Elkins’ 2005 Imperial Reckoning/Britain’s Gulag. Each represents a phase of consciousness with regard to the Mau Mau War and can be divided into the following segments: a. The Colonial Setting b. The shock of the Mau Mau War outbreak c. The attempted destruction of Mau Mau Consciousness d. Post-colonial ignoring or effort to rearrange Mau Mau Consciousness e. Limited revival of Consciousness The Attraction The attraction to Mau Mau consciousness is partly because there probably was no challenge to the European colonial state in Africa that captured as much global attention as the Mau Mau War in Kenya against the British and the Algerian War against the French.1 The Mau Mau War was bitter and the benefits did not always accrue to those who bore the brunt of the war.2 A few fighters benefited, but the rest appear to have been neglected. In contrast, those who had opposed the war or supported British colonialists seemingly benefited most, continue to benefit, and a feeling of betrayal cropped up that is often the subject of many debates. -
Kenya's Judiciary Through Three Presidential Election Petitions
60 Days of Independence: Kenya’s Judiciary Through Three Presidential Election Petitions By Special Correspondent Independence Day On the morning of 1 September 2017, Kenya entered the annals of history as only the fourth country in the world to annul a presidential election. Before that, courts in only Ukraine, the Maldives and Austria had annulled presidential elections. No opposition party in Africa had ever successfully petitioned a court to overturn an election, and the decision was praised globally as striking a blow for democracy and the rule of law. “Look, in view of all that evidence, and in good conscience, what other decision would I have made and how would I have looked?” the Chief Justice remarked. Outside the courtroom later, as the majority decision and the two dissenting opinions were read out and broadcast live, the crowds erupted into celebration. From inside the building, it felt as if a bomb had gone off. The judiciary had finally come of age, judicial independence had been attained. In the days that followed, judicial officers discussed on their social media pages how they were retaking their oaths of office. Erstwhile critics in the Internet fever swamps were suddenly gushing with praise for the judiciary. President Uhuru Kenyatta was visibly angry. He had expected the court challenge on his victory to suffer the same fate as the challenge to his 2013 election victory and plans for his swearing in were already in top gear. The day before the Supreme Court decision Kenyatta had even made disparaging remarks about waiting for what some six people would decide regarding the election, and a false news alert on the Kenyatta family-owned K24 TV had implied that the petitioners had lost the case even before the judgment had come in. -
Kenya Country Report BTI 2014
BTI 2014 | Kenya Country Report Status Index 1-10 5.76 # 59 of 129 Political Transformation 1-10 6.55 # 49 of 129 Economic Transformation 1-10 4.96 # 81 of 129 Management Index 1-10 4.87 # 68 of 129 scale score rank trend This report is part of the Bertelsmann Stiftung’s Transformation Index (BTI) 2014. It covers the period from 31 January 2011 to 31 January 2013. The BTI assesses the transformation toward democracy and a market economy as well as the quality of political management in 129 countries. More on the BTI at http://www.bti-project.org. Please cite as follows: Bertelsmann Stiftung, BTI 2014 — Kenya Country Report. Gütersloh: Bertelsmann Stiftung, 2014. This work is licensed under a Creative Commons Attribution 4.0 International License. BTI 2014 | Kenya 2 Key Indicators Population M 43.2 HDI 0.519 GDP p.c. $ 1765.5 Pop. growth1 % p.a. 2.7 HDI rank of 187 145 Gini Index 47.7 Life expectancy years 60.4 UN Education Index 0.584 Poverty3 % 67.2 Urban population % 24.4 Gender inequality2 0.608 Aid per capita $ 40.4 Sources: The World Bank, World Development Indicators 2013 | UNDP, Human Development Report 2013. Footnotes: (1) Average annual growth rate. (2) Gender Inequality Index (GII). (3) Percentage of population living on less than $2 a day. Executive Summary Kenya is experiencing significant changes in its institutional and political configuration as the country goes through the process of implementing its 2010 constitution. This constitution brings about numerous fundamental changes, some of which have started to take shape while others have been delayed and/or undermined.