“Advancing SDG 16 and Pathways to Justice”
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Working Document for the Constitution of Kenya Review Commission on the Kadhi's Courts, Chief Kadhi and Kadhis
WORKING DOCUMENT FOR THE CONSTITUTION OF KENYA REVIEW COMMISSION ON THE KADHI'S COURTS, CHIEF KADHI AND KADHIS By Ahmed Issack Hassan, Commissioner, CKRC. ([email protected]) (www.ahmedissackhassan.com) The Commission’s Mandate The Constitution of Kenya Review Act provides that the objects and purposes of the constitutional review is to secure provisions therein, inter alia respecting ethnic and regional diversity including the right of communities to organize and participate in cultural activities and the expression of their identities and establishing a democratic government that respects human rights - (Section 3(e) & (b). Further, under Section 5(b) of the Act, the organs of the review shall ensure that the review process accommodates the diversity of the Kenyan people including socio-economic status, race, ethnicity, gender, religious faith, age, occupation, learning, persons with disability and the disadvantaged. The Commission is also mandated to seek views on and make recommendation to the judiciary and the legal systems of Kenya. Chapter 5 of the Constitution of Kenya guarantees the protection of the fundamental rights and freedoms of every person. Section 78 guarantees the freedom of thought, religion and conscience and Section 82 prohibits discrimination of any person on account of inter alia his or her religious beliefs. The Current Status of the Kadhi’s Courts, Chief Kadhi and Kadhis The Kadhi's Court, Chief Kadhi and Kadhis are Constitutional offices established under Section 66 of the Constitution of Kenya. A Kadhi is strictly speaking a judicial officer, judge or magistrate presiding over an Islamic Court, called the Kadhi's Court, where Islamic law or Sharia is applied and subject to the jurisdiction of the Court all the parties who appear before the Court are those that profess the Muslim/ Islamic faith. -
The Appointment, Tenure and Removal of Judges Under Commonwealth
The The Appointment, Tenure and Removal of Judges under Commonwealth Principles Appoin An independent, impartial and competent judiciary is essential to the rule tmen of law. This study considers the legal frameworks used to achieve this and examines trends in the 53 member states of the Commonwealth. It asks: t, Te ! who should appoint judges and by what process? nur The Appointment, Tenure ! what should be the duration of judicial tenure and how should judges’ remuneration be determined? e and and Removal of Judges ! what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries? Re mo under Commonwealth The study notes the increasing use of independent judicial appointment va commissions; the preference for permanent rather than fixed-term judicial l of Principles appointments; the fuller articulation of procedural safeguards necessary Judge to inquiries into judicial misconduct; and many other developments with implications for strengthening the rule of law. s A Compendium and Analysis under These findings form the basis for recommendations on best practice in giving effect to the Commonwealth Latimer House Principles (2003), the leading of Best Practice Commonwealth statement on the responsibilities and interactions of the three Co mmon main branches of government. we This research was commissioned by the Commonwealth Secretariat, and undertaken and alth produced independently by the Bingham Centre for the Rule of Law. The Centre is part of the British Institute of International and -
Muslim Relations in the Politics of Nationalism and Secession in Kenya
1 MUSLIM RELATIONS IN THE POLITICS OF NATIONALISM AND SECESSION IN KENYA Hassan J. Ndzovu Moi University, Kenya PAS Working Papers Number 18 ISSN Print 1949-0283 ISSN Online 1949-0291 Edited by Charles Stewart, Emeritus Professor University of Illinois, Urbana-Champaign Program of African Studies Northwestern University 620 Library Place Evanston, Illinois 60208-4110 U.S.A 2 Abstract Within Kenya’s political scene, racial and ethnic identities play a crucial role in creating division in Muslims’ political engagement. Since independence, the racial and ethnic antagonism among them has weakened a united Muslim’ voice whenever political issues concerning the community arose. As Kenya was preparing for independence, a section of Muslims (Arab Muslims) living at the coast agitated to secede from the rest of Kenya. This demand for secession led to a hostile relationship between the Arab Muslims and other non-Arab Muslim leaders in the country. One effect of this political development is the lasting impact it had on post-independence Muslim politics. The events set a pattern for mistrust between the Arab Muslims and non-Arab Muslims in Kenya. This absence of unity has influenced the way the political elites in Kenya perceive the Muslim community in general. Politicians in Kenya are known to have capitalized on the disunity among Muslims to prevent any united political front from the community. As a result the Muslim community has felt politically marginalized. It is this perceived marginalization which Kenyan Muslims are presently striving to overcome. 3 Introduction In this article, I would like to bring forward the argument that within Kenya’s political scene, racial and ethnic identities play a crucial role in creating division in Muslims’ political engagement. -
Tackling the Dangerous Drift
TACKLING THE DANGEROUS DRIFT ASSESSMENT OF CRIME AND VIOLENCE IN TANZANIA & RECOMMENDATIONS FOR VIOLENCE PREVENTION AND REDUCTION June 2013 Open Society Foundations Crime and Violence Prevention Initiative (OSF CVPI) & Open Society Initiative for Eastern Africa (OSIEA) Prepared by Lainie Reisman, Kennedy Mkutu, Samwel Lyimo, and Monica Moshi with support from the Tanzanian Police Force (TPF) TABLE OF CONTENTS TABLE OF CONTENTS ........................................................................................................................................... 2 ACRONYMS ............................................................................................................................................................... 8 1. INTRODUCTION AND METHODOLOGY ................................................................................................... 11 BACKGROUND ON CVPI AND OSIEA ...................................................................................................................... 11 JUSTIFICATION FOR TANZANIA ............................................................................................................................... 11 ASSESSMENT PURPOSES/OBJECTIVES .................................................................................................................... 12 METHODOLOGY ........................................................................................................................................................ 12 2. BACKGROUND AND CONTEXT ................................................................................................................. -
The Impact of Kenya's Legal and Institutional Frameworks on Media Freedom 2014
The impact of Kenya's legal and institutional frameworks on media freedom 2014 ARTICLE 19 ARTICLE 19 EASTERN AFRICA Free Word Centre ACS Plaza 60 Farringdon Road 2nd floor London Lenana Road EC1R 3GA P O BOX 2653,00100 United Kingdom Nairobi T: +44 20 7324 2500 Kenya F: +44 20 7490 0566 +254 (20) 3862230/2 E: [email protected] F: +254 (20) 3862231 W: www.article19.org E: [email protected] Tw: @article19org Fb: facebook.com/article19org ISBN: 978-1-906586-94-2 © ARTICLE 19, 2014 This publication was produced with support from the Kenya Media Programme - HIVOs. Contract Reference RO EA project 1005986. The publication does not represent the opinion of Kenya Media Programme or HIVOS. This report was written by Othieno Nyanjom, a consultant for ARTICLE 19. Dr Othieno Nyanjom is an independent researcher and holds a Doctor of Philosophy degree from the School of Social Sciences and Cultural Studies, University of Sussex. His research interests include but are not limited to governance and human rights issues. He has in the past conducted research on the impact of political ownership of print and electronic media on media content in Kenya. This work is provided under the Creative Commons Attribution-Non-Commercial-ShareAlike 2.5 licence. You are free to copy, distribute and display this work and to make derivative works, except for the images which are specifically licensed from other organisations, provided you: 1. give credit to ARTICLE 19 2. do not use this work for commercial purposes 3. distribute any works derived from this publication under a licence identical to this one. -
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 ............................................................................................................................. -
Decolonising Accidental Kenya Or How to Transition to a Gameb Society,The Anatomy of Kenya Inc: How the Colonial State Sustains
Pandora Papers: The Kenyatta’s Secret Companies By Africa Uncensored Published by the good folks at The Elephant. The Elephant is a platform for engaging citizens to reflect, re-member and re-envision their society by interrogating the past, the present, to fashion a future. Follow us on Twitter. Pandora Papers: The Kenyatta’s Secret Companies By Africa Uncensored President Uhuru Kenyatta’s family, the political dynasty that has dominated Kenyan politics since independence, for many years secretly owned a web of offshore companies in Panama and the British Virgin Islands, according to a new leak of documents known as the Pandora Papers. The Kenyattas’ offshore secrets were discovered among almost 12 million documents, largely made up of administrative paperwork from the archives of 14 law firms and agencies that specialise in offshore company formations. Other world leaders found in the files include the King of Jordan, the prime minister of the Czech Republic Andrej Babiš and Gabon’s President Ali Bongo Ondimba. The documents were obtained by the International Consortium of Investigative Journalists and seen by more than 600 journalists, including reporters at Finance Uncovered and Africa Uncensored, as part of an investigation that took many months and spanned 117 countries. Though no reliable estimates of their net worth have been published, the Kenyattas are regularly reported to be one of the richest families in the country. The Kenyattas’ offshore secrets were discovered among almost 12 million documents, largely made up of administrative paperwork from the archives of 14 law firms and agencies that specialise in offshore company formations. -
Develop the Court Practice Directions on Children Cases. 8
Published by: National Council on the Administration of Justice (NCAJ) Supreme Court Building, City Hall Way, Nairobi P. O. Box 30041 – 00100, Nairobi Tel. +254 20 2221221 [email protected] www.judiciary.go.ke Copyright © 2019 by National Council on Administration of Justice (NCAJ) Report writers: Dr. Sheila P Wamahiu, Jaslika Consulting, Kieya Kamau (Advocate) and Roselyne Kabata (Advocate) Cover design by: John Muriuki, Directorate of Public Affairs and Communications, Judiciary Design and Layout: Davies Mbinji, Artful Eyes Productions Copyright in the volume as a whole is vested in the NCAJ. Permits free production of the extracts from any of its publication provided that due acknowledgment is given and a copy of the publication carrying the extracts is sent to the publisher’s offices. Disclaimer: This publication has been developed with financial support from the United Nations International Children’s Emergency Fund (UNICEF). The views expressed herein do not necessarily reflect the views or policies of UNICEF. Creating a Culture of Justice International Development Law Organization Status Report on Children in the Justice System in Kenya By: The National Council on the Administration of Justice (NCAJ) Special Task Force on Children Matters Status Report on Children in the Justice System in Kenya 3 About the NCAJ The National Council on the Administration of Justice (NCAJ) is established under Section 34 of the Judicial Service Act (No. 1 of 2011). It is a high-level policy making, implementation and oversight coordinating mechanism as reflected in its membership comprising State and Non-State Actors from the justice sector. Its mandate is to ensure a coordinated, efficient, effective and consultative approach in the administration of justice and reform of the justice system. -
Human Rights, Separation of Powers and Devolution in the Kenyan Constitution, 2010: Comparison and Lessons for Eac Member States
HUMAN RIGHTS, SEPARATION OF POWERS AND DEVOLUTION IN THE KENYAN CONSTITUTION, 2010: COMPARISON AND LESSONS FOR EAC MEMBER STATES ∗∗∗ By Prof. Christian Roschmann, Mr. Peter Wendoh & Mr. Steve Ogolla Abstract This paper is essentially a study of the new governance system in Kenya and an explanation why constitutional democracy holds the key to the promotion of human rights; entrenchment of the rule of law and the realisation of good governance. The paper suggests that the concept of constitutional democracy is not the same thing as constitutional government; accordingly, to achieve constitutional democracy, a government must be both constitutional and democratic. Further, this paper focuses on the structures, powers and organizing principles of the devolved governance and explores the challenges that lie ahead to ensure that constitutional democracy endures and is strengthened. The Constitution of Kenya, 2010 seeks to establish a society permeated by the spirit of liberty and democracy, the spirit of the laws and the habit of order. This paper proceeds from the assumption that although the constitutional models across the East Africa Community vary considerably, they share common themes that led to the demise of constitutional democracy, human rights violations and weaker institutions of government. The design and architecture of Kenya’s new constitution may, therefore, herald the beginning of the return of the East Africa Community to constitutional democracy. A. Introduction A historical inquiry of the foundations of Kenya’s political system, traceable to the colonial rule, underscores the very political basis of Kenya’s Constitution. Lord Delamere, a pioneer European farmer in Kenya believed the extension of European civilisation was desirable 1. -
ICJ Kenya Memorandum
MEMORANDUM TO THE JUDICIAL SERVICE COMMISSION ON THE RECRUITMENT OF THE CHIEF JUSTICE AND SUPREME COURT JUSTICE OF THE REPUBLIC OF KENYA March 2021 SUBMITTED BY: The Kenyan Section of the International Commission of Jurists ICJ Kenya House, Off Silanga Road, Karen P.O. Box 59743-00200, Nairobi, Kenya Office Tel: +254-20-2084836/8 | +254 720 491549 Email: [email protected] 1 Introduction The Kenyan Section of the International Commission of Jurists (ICJ Kenya) is a non-governmental, non- profit, non-partisan, and member-based organisation founded in 1959. ICJ Kenya is registered as a Society under the Societies Act, Chapter 108, Laws of Kenya, and has a membership drawn from the Bar and the Bench. ICJ Kenya promotes human rights, democratic governance, justice, and the rule of law in Africa. ICJ Kenya believes in and is guided by Inclusivity, Integrity, Commitment, and Professionalism ideals. In furthering our vision and mission, ICJ Kenya submits this memorandum to the Judicial Service Commission (JSC) on the Chief Justice and Supreme Court Justice of Kenya's recruitment process. Our views are premised on the principles and best practices of international and regional instruments on judges' appointment and selection.1 Whereas the First Schedule to the Judicial Service Act, 2011 has outlined the criteria for recruitment of the Chief Justice and Supreme Court Judge, this memorandum has highlighted the salient priority issues for JSC's consideration during the current recruitment process, which are informed by public consultations and dialogues forums. Background On October 19, 2016, retired Chief Justice Maraga was sworn in as the Republic of Kenya's fifteenth Chief Justice. -
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 .............................................. -
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.