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Post-Election Violence in Kenya
Spontaneous or Premeditated? DISCUSSION PAPER 57 SPONTANEOUS OR PREMEDITATED? Post-Election Violence in Kenya GODWIN R. MURUNGA NORDISKA AFRIKAINSTITUTET, UppSALA 2011 Indexing terms: Elections Violence Political violence Political crisis Ethnicity Democratization Kenya The opinions expressed in this volume are those of the author and do not necessarily reflect the views of Nordiska Afrikainstitutet. Language checking: Peter Colenbrander ISSN 1104-8417 ISBN 978-91-7106-694-7 © The author and Nordiska Afrikainstitutet 2011 Production: Byrå4 Print on demand, Lightning Source UK Ltd. Spontaneous or Premeditated? Contents Contents ..............................................................................................................................................................3 Foreword .............................................................................................................................................................5 Introduction .......................................................................................................................................................7 Post-Election Violence: Overview of the Literature .............................................................................8 A Note on the Kenyan Democratisation Processes ............................................................................13 Clash of Interpretations ................................................................................................................................17 The Ballot Box and -
Can African States Conduct Free and Fair Presidential Elections? Edwin Odhiambo Abuya
Northwestern Journal of International Human Rights Volume 8 | Issue 2 Article 1 Spring 2010 Can African States Conduct Free and Fair Presidential Elections? Edwin Odhiambo Abuya Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Edwin Odhiambo Abuya, Can African States Conduct Free and Fair Presidential Elections?, 8 Nw. J. Int'l Hum. Rts. 122 (2010). http://scholarlycommons.law.northwestern.edu/njihr/vol8/iss2/1 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2010 by Northwestern University School of Law Volume 8, Issue 2 (Spring 2010) Northwestern Journal of International Human Rights Can African States Conduct Free and Fair Presidential Elections? Edwin Odhiambo Abuya* Asiyekubali kushindwa si msihindani.1 I. INTRODUCTION ¶1 Can African States hold free and fair elections? To put it another way, is it possible to conduct presidential elections in Africa that meet internationally recognized standards? These questions can be answered in the affirmative. However, in order to safeguard voting rights, specific reforms must be adopted and implemented on the ground. In keeping with international legal standards on democracy,2 the constitutions of many African states recognize the right to vote.3 This right is reflected in the fact that these states hold regular elections. The right to vote is fundamental in any democratic state, but an entitlement does not guarantee that right simply by providing for elections. -
Kenya General Elections, 2017
FINAL REPORT REPUBLIC OF KENYA General Elections 2017 REPUBLIC OF KENYA European Union Election Observation Mission FINAL REPORT General Elections 2017 January 2018 This report contains the findings of the EU Election Observation Mission (EOM) on the general elections 2017 in Kenya. The EU EOM is independent from the European Union’s institutions, and therefore this report is not an official position of the European Union. KEY CONCLUSIONS OF THE EU EOM KENYA 2017 1. The Kenyan people, including five million young people able to vote for the first time, showed eagerness to participate in shaping the future of their country. However, the electoral process was damaged by political leaders attacking independent institutions and by a lack of dialogue between the two sides, with escalating disputes and violence. Eventually the opposition withdrew its presidential candidate and refused to accept the legitimacy of the electoral process. Structural problems and specific electoral issues both need to be addressed meaningfully to prevent problems arising during future elections. 2. Electoral reform needs to be carried out well in advance of any election, and to be based on broad consensus. The very late legal amendments and appointment of the leadership of the Independent Electoral and Boundaries Commission (IEBC) before the 2017 elections put excessive pressure on the new election administration. 3. Despite efforts to improve the situation, there was a persistent lack of trust in the IEBC by the opposition and other stakeholders, demonstrating the need for greater independence and accountability as well as for sustained communication and more meaningful stakeholder consultation. There was improved use of technology, but insufficient capacity or security testing. -
Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond
AVOIDING VIOLENCE AND ENHANCING LEGITIMACY: JUDICIAL PREPAREDNESS FOR HANDLING ELECTORAL DISPUTES IN KENYA AND BEYOND Taylor Martyn LESSONS LEARNED PROGRAM As part of IDLO’s pledge to continuously enhance the impact of its work and be at the forefront of thinking on how change occurs and can be fostered in the rule of law field, the IDLO Lessons Learned Program analyzes select IDLO programs in combination with international theory and practice. The aim is to learn what types of interventions can lead to positive change, under what conditions, and how such change can be sustained. In order to share good practices both internally as well as with the broader rule of law community, findings are compiled in a series of Lessons Learned Briefs, to be used in program design and implementation, and as ‘building blocks’ for evidence-based theories of change. IDLO – LESSONS LEARNED BRIEF TABLE OF CONTENTS List of Acronyms 4 List of Tables and Figures 5 1. INTRODUCTION 6 2. ELECTORAL DISPUTE RESOLUTION SYSTEMS ARE IMPORTANT AND REQUIRE ELECTORAL DISPUTE PREPARATION PROGRAMMING 10 JUDICIARIES FACE CHALLENGES IN HANDLING ELECTORAL DISPUTES 12 3. BUILDING BLOCKS OF A THEORY OF CHANGE FOR PROGRAMMING ON PREPARING THE JUDICIARY FOR ELECTORAL DISPUTES 13 BUILDING BLOCK 1: ELECTORAL DISPUTE PREPARATION INTERVENTION LOGIC 14 BUILDING BLOCK 2: ELECTORAL DISPUTE PREPARATION PROGRAMMATIC APPROACH 28 BUILDING BLOCK 3: EMBEDDING ELECTORAL DISPUTE PREPARATION IN THE WIDER CONTEXT 33 4. CONCLUSION AND WAY FORWARD 39 Acknowledgments 43 3 IDLO – LESSONS LEARNED BRIEF -
Kenya – Whistle-Blowers – Corruption – Opposition Parties – Political Activists – Ethnic Pokomo
Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: KEN34144 Country: Kenya Date: 16 December 2008 Keywords: Kenya – Whistle-blowers – Corruption – Opposition parties – Political activists – Ethnic Pokomo This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide any information on the protection of “whistle-blowers”, who expose corruption in the Kenyan government. 2. Please provide any information on the treatment of supporters of the Kenyan opposition. 3. Please provide any information on the treatment of those of Pokomo ethnicity. RESPONSE 1. Please provide any information on the protection of “whistle-blowers”, who expose corruption in the Kenyan government. Sources quoted below report that government corruption remains a problem in Kenya. The Witness Protection Act was passed in 2006, however, delays with implementation and weaknesses in the Act limit its effectiveness. Whistle-blowers in Kenya are at risk of violence and discrimination. The information provided in response to this question has been organised into the following eight sections: • Government Corruption; • Kenya Anti-Corruption Commission; • Whistleblower Reporting System; • Witness Protection; • Effectiveness of Witness Protection; • Freedom of Information Bill; • Other Laws; • Examples of Whistle-Blowing. -
The Changing Faces of Public Inquiry: Towards a Regulatory
THE CHANGING FACES OF PUBLIC INQUIRY: TOWARDS A REGULATORY FRAMEWORK FOR TASK FORCES IN KENYA WAMBIRI ELIZABETH WANJIRU G62/11748/2018 A Research Project submitted to the University of Nairobi Law School in partial fulfilment of the requirements for the Master of Laws (LL.M) Degree Program. NOVEMBER 2019 i DECLARATION I, ELIZABETH WANJIRU WAMBIRI, do hereby declare that this is my original work and has not been submitted to any institution for the award of a diploma, degree or post-graduate qualification. Signature …………………… Date…………………………………………. ELIZABETH WANJIRU WAMBIRI G62/11748/2018 This project has been presented for examination with my authority as the University Supervisor. DR. NKATHA KABIRA Signature…………………….. Date…………………………………………… ii DEDICATION This work is dedicated to my parents Daniel Wambiri and GladwellWambiri for their continued support and whose immense dedication to educate us continues to inspire me. iii ACKNOWLEDGEMENTS I thank the Almighty God for the privilege, opportunity, strength and grace and grace to undertake my studies in a relatively short period of time. I have truly experienced His faithfulness. I am greatly indebted to my supervisor Dr. NkathaKabirawhose encouragement, meticulous guidance and intellectual counsel enabled me complete my project on time. This research would not have been possible without her guidance. Thank you for supporting me towards crystallizing my ideas into this project. My parents,Dr.Daniel Wambiri and Dr.GladwellWambiri, thank you forthe support and encouragement you have given me throughout my studies. My siblings, Kelvin Wambiri, NjokiWambiri and ObedWambiriI am truly grateful for the many times you picked me up from school and all forms of encouragement you provided. -
Nov 10 Issue
KaNovember/Decemtber 2010ibaNews The birth of a new Republic Reconstituting the TJRC * Rendition and extradition in Kenya * For real or for show? * Was it gerrymandering? ABOUT THE MEDIA DEVELOPMENT ASSOCIATION h e M e d i a issues and their link to D e v e l o p m e n t journalism; oReinforcing the values Association (MDA) is of peace, democracy T o an alumnus of graduates of Carrying out research and freedom in society University of Nairobi's School on issues relevant to through the press; of Journalism. It was formed in journalism; o 1994 to provide journalists Upholding the ideals of a o with a forum for exchanging Organizing tours and free press. ideas on how best to safeguard excursions in and outside Kenya to widen Activities of MDA include: the integrity of their profession p journalists' knowledge Advocacy and lobbying; and to facilitate the training of of their operating media practitioners who play environment; pPromoting journalism an increasingly crucial role in exchange programmes; shaping the destiny of the oPublishing magazines for country. journalists, and any pHosting dinner talks; other publications that The MDA is dedicated to are relevant to the pLobbying for support of helping communicators come promotion of quality journalism training to terms with the issues that journalism; institutions; affect their profession and to respond to them as a group. oEncouraging and assist pInitiating the setting up The members believe in their m e m b e r s t o j o i n of a Media Centre which ability to positively influence journalists' associations will host research and the conduct and thinking of l o c a l l y a n d recreation facilities; their colleagues. -
Kenya's 2013 Elections
Kenya’s 2013 Elections Africa Report N°197 | 17 January 2013 International Crisis Group Headquarters Avenue Louise 149 1050 Brussels, Belgium Tel: +32 2 502 90 38 Fax: +32 2 502 50 38 [email protected] Table of Contents Executive Summary ................................................................................................................... i Recommendations..................................................................................................................... ii I. Introduction ..................................................................................................................... 1 II. A New Constitution .......................................................................................................... 3 A. Historic Struggles over the Division of Power ........................................................... 3 B. Impact of the New Constitution on the 2013 Elections ............................................. 5 III. The ICC and Political Developments ................................................................................ 10 A. The Eligibility of the Accused .................................................................................... 11 B. Implications ............................................................................................................... 13 C. Possible Scenarios ...................................................................................................... 16 1. What if the election is very close and disputed? ................................................. -
Leadership Crisis and the Debacle of Kenya's 27Th December 2007
BRIEFING NO 1 APRIL 2008 BRIEFINGG NR 2 APRIL 2008 Leadership Crisis and the Debacle of Kenya’s 27th December 2007 General Elections Korwa G. Adar This brief puts into perspective the 27 December 2007 electoral debacle through an analysis of its causal factors and implications on the country’s multi-party democratic electoral system. The analysis proceeds from the premise that the country has been plunged into political crisis due to the lack of leadership committed to the principles of good governance, accountability, and the rule of law. This is the core of the problem, which is likely to hamper progress towards the holistic implementation of the Kofi Annan-brokered peace process. Introduction ● A prime minister of the government of Kenya, with executive authority to coordinate and At the time of writing this policy brief in April supervise the execution of the functions of the 2008, the African Union (AU)-brokered me- government diation process led by the former United Nations ● The prime minister shall be an elected member Secretary General, Kofi Annan and his team of of the National Assembly and the parliamen- The solution is eminent Africans including former Tanzanian tary leader of the largest party in the National to fast-track the President Benjamin Mkapa and the former Assembly, or of a coalition, if the largest party South African First Lady, Graca Machel had does not command a majority Accord and hold been reached. It led to a power-sharing agree- ● The PNU and the ODM are to elect one deputy general elections ment signed by President Mwai Kibaki of the prime minister each Party of National Unity (PNU) and Raila Amolo ● The cabinet will consist of the president, the in two to three Odinga, the leader of the Orange Democratic vice-president, the prime minister, the two years time once Movement (ODM). -
The Ethnification of Electoral Conflicts in Kenya: Options for Positive Peace
The ethnification of electoral conflicts in Kenya: Options for positive peace Muema Wambua* Abstract Kenya has since the re-introduction of multiparty politics in 1991 experienced periodic electoral conflicts. In the analysis of these conflicts, however, there is an evolving tendency to perceive their causes as merely, or mainly, manifestations of negative ethnicity. In other words, there is the tendency on the part of the state, and non-state actors, to deliberately ‘ethnify’ extra-ethnic conflicts in the country in a phenomenon herein conceptualised as ethnification. The ethnification of extra-ethnic conflicts has caused the country to continually drift into an electoral-conflict trap. The failure to address substantive extra-ethnic factors which have historical, structural, institutional, legal, and cultural standpoints has constrained the pursuit of positive peace in the country. This paper, therefore, examines the evolving tendency to treat extra-ethnic electoral conflicts from the ethnic-identity premise. The centrality of underlying causes and rationales of electoral conflict that are extra-ethnic is highlighted, and a way forward for the pursuit of positive peace in the country is recommended. * Muema Wambua is a Ph.D. candidate in International Relations at the United States International University-Africa. He holds a Master of Arts in International Relations from the same university, and a Bachelor of Arts (Hons) from Kenyatta University, Kenya. He has a keen interest in peace and conflict research. 9 Muema Wambua Keywords: conflict, conflict resolution, ethnification, Kenya, peace, peacebuilding 1. Introduction: The ethnification of electoral conflicts in Kenya In contemporary conflict transformation processes, state and non-state actors at the national, regional, and global levels identify a broad range of factors that cause conflicts. -
Infusing Integrity in Elections: a Case for Regulating Corporate Campaign Contributions in Kenya
INFUSING INTEGRITY IN ELECTIONS: A CASE FOR REGULATING CORPORATE CAMPAIGN CONTRIBUTIONS IN KENYA UNIVERSITY OF NAIROBI OUMA KENVINE ODHIAMBO G62/82471/2015 A Research Project Submitted in Partial Fulfillment of the Requirements for the Award of the degree of Master of Laws (LLM) of the University of Nairobi October 2019 TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................. ii DECLARATION ..……………………………………...………………’……………………......v DEDICATION …………………………………………………………………..……………….vi ACKNOWLEDGEMENT ………………………………………………………….….……......vii LIST OF CASES ……………………..……………………………………………..…………. viii LIST OF MUNICIPAL LAW, STATUTES AND REGULATIONS ………………………..….ix LIST OF INTERNATIONAL AND REGIONAL TREATIES, INSTRUMENTS AND DECLARATIONS …………………………………………….………xi LIST OF FOREIGN LAWS…………………………………………………………….….……xii LIST OF ABBREVIATIONS ……………………………………………………...…….……. xiii ABSTRACT ………..…………………..…………………………………………………...….. xv Chapter One: Introduction ...........................................................................................................1 1.1 Introduction. ......................................................................................................................................... 1 1.2 Background …………...…. ………...……………..………………………………...………..3 1.3 Statement of the Problem ……………………......…………………………………..………. 3 1.4 Objectives…………………………...………….……...…………………………………..… 4 1.5 Research Questions..……………………………………...………………………………..… 4 1.6 Hypothesis …………………………………………………..…………………………..…… -
Kriegler and Waki Reports
KRIEGLER AND WAKI REPORTS SUMMARISED VERSION Revised Edition 2009 Design and Printing by Primark Ventures Tel: +254 20 224 6853 / +254 20 216 1894 Cell: +254 720 852856 / +254 720 831645 email: [email protected] Kriegler and Waki Reports on 2007 Elections Contents List of Acronyms ...................................................................... v Acknowledgments .................................................................... vi Foreword ............................................................................... vii Preface ................................................................................. viii Part I THE INDEPENDENT REVIEW COMMITTEE (IREC) ...................x The Independent Review Committee (IREC) ............................... 1 Background and Task ................................................................1 Findings & Verdict .................................................................... 1 The Constitutional and Legal Framework ............................................................1 Recommendations.................................................................................................3 The Organization Structure and Operation of Elections ....................................3 Recommendations...............................................................................................10 Other players in the electoral process and the 2007 election fall out .................12 Recommendations...............................................................................................15