DOCSLIB.ORG

Kenya : the Struggle for a New Constitutional Order

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Kenya : the Struggle for a New Constitutional Order This PDF is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) Licence. Further details regarding permitted usage can be found at http:// creativecommons.org/licenses/by-nc-nd/4.0/ Print and ebook editions of this work are available to purchase from Zed Books (www.zedbooks.co.uk). A frica Now Africa Now is published by Zed Books in association with the inter nationally respected Nordic Africa Institute. Featuring high-quality, cutting-edge research from leading academics, the series addresses the big issues confronting Africa today. Accessible but in-depth, and wide-ranging in its scope, Africa Now engages with the critical political, economic, sociological and development debates affecting the continent, shedding new light on pressing concerns. Nordic Africa Institute The Nordic Africa Institute (Nordiska Afrikainstitutet) is a centre for research, documentation and information on modern Africa. Based in Uppsala, Sweden, the Institute is dedicated to providing timely, critical and alternative research and analysis of Africa and to co-operation with African researchers. As a hub and a meeting place for a growing field of research and analysis, the Institute strives to put knowledge of African issues within reach of scholars, policy makers, politicians, media, students and the general public. The Institute is financed jointly by the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden). www.nai.uu.se Forthcoming titles Lisa Åkesson and Maria Eriksson Baaz (eds), Africa’s Return Migrants Thiven Reddy, South Africa: Beyond Apartheid and Liberal Democracy Anders Themner (ed.), Warlord Democrats in Africa Titles already published Fantu Cheru and Cyril Obi (eds), The Rise of China and India in Africa Ilda Lindell (ed.), Africa’s Informal Workers Iman Hashim and Dorte Thorsen, Child Migration in Africa Prosper B. Matondi, Kjell Havnevik and Atakilte Beyene (eds), Biofuels, Land Grabbing and Food Security in Africa Cyril Obi and Siri Aas Rustad (eds), Oil and Insurgency in the Niger Delta Mats Utas (ed.), African Conflicts and Informal Power Prosper B. Matondi, Zimbabwe’s Fast Track Land Reform Maria Eriksson Baaz and Maria Stern, Sexual Violence as a Weapon of War? Fantu Cheru and Renu Modi (eds), Agricultural Development and Food Security in Africa Amanda Hammar (ed.), Displacement Economies in Africa Mary Njeri Kinyanjui, Women and the Informal Economy in Urban Africa Liisa Laakso and Petri Hautaniemi (eds), Diasporas, Development and Peace­ making in the Horn of Africa Margaret C. Lee, Africa’s World Trade About the editors Godwin R. Murunga is a senior research fellow in the Institute of Development Studies, University of Nairobi, and director of the African Leadership Centre. He is also a visiting professor in the Global Institutes at King’s College London. He is a trained historian with a PhD from North- western University in Illinois, specialising in urban history but with research interests in democratisation processes in Africa, politics of knowledge production and masculinities in Africa. His current research project focuses on the role of settlements in peace-building and state-building in Kenya. Duncan Okello is currently the Chief of Staff in the Office of the Chief Justice, Republic of Kenya. He holds a BA degree in political science and history as well as a law degree, both from the University of Nairobi. He also holds an MA in international relations from the University of Kent at Canter- bury, UK. His policy and research interests revolve around questions of democratisation and institution-building for societies in transition, constitutionalism and the rule of law, and how development outcomes mediate and influence state and citizen relations in Africa. He previously worked as director of programmes at the Institute of Economic Affairs in Kenya, and as the Regional Director for Eastern Africa for the Society for International Development. Anders Sjögren is a senior researcher with the Nordic Africa Institute in Uppsala. He holds a PhD in political science from Stockholm University. Working in the field of the com- parative political economy of development and state–society relations in Africa, his current research is on land conflicts, state formation and citizenship in Kenya and Uganda. Kenya: the struggle for a new constitutional order edited by Godwin R. Murunga, Duncan Okello and Anders Sjögren Zed Books london Kenya: the struggle for a new constitutional order was first published in 2014 in association with the Nordic Africa Institute, PO Box 1703, se-751 47 Uppsala, Sweden by Zed Books Ltd, 7 Cynthia Street, London n1 9jf, uk. www.zedbooks.co.uk www.nai.uu.se Editorial copyright © Godwin R. Murunga, Duncan Okello and Anders Sjögren 2014 Copyright in this collection © Zed Books 2014 The rights of Godwin R. Murunga, Duncan Okello and Anders Sjögren to be identified as the editors of this work have been asserted by them in accordance with the Copyright, Designs and Patents Act, 1988 Set in OurType Arnhem, Monotype Gill Sans Heavy by Ewan Smith Index: [email protected] Cover designed by www.roguefour.co.uk All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of Zed Books Ltd. A catalogue record for this book is available from the British Library isbn 978-1-78032-366-4 hardback isbn 978-1-78032-365-7 paperback isbn 978-1-78032-367-1 pdf isbn 978-1-78032-368-8 epub isbn 978-1-78032-369-5 mobi Contents Acronyms and abbreviations | vi Preface | viii Towards a new constitutional order in Kenya: an introduction . 1 godwin r. murunga, duncan okello and anders sjögren PART ONE Contexts and actors in the making of a new constitution 1 The protracted transition to the Second Republic in Kenya. 17 paul tiyambe zeleza 2 Fuelling the violence: the print media in Kenya’s volatile 2007 post- election violence . 44 sammy gakero gachigua 3 Mediating Kenya’s post-election violence: from a peace-making to a constitutional moment . 66 e. njoki wamai 4 Instrumentalism and constitution-making in Kenya: triumphs, challenges and opportunities beyond the 2013 elections . 79 raymond muhula and stephen ndegwa 5 Revisiting ‘the two faces of civil society’ in constitutional reform in Kenya . 97 wanjala s. nasong’o PART TWO The content, challenges and opportunities of a new constitutional order 6 Constitutions and constitutionalism: the fate of the 2010 constitution . 119 yash pal ghai 7 Elite compromises and the content of the 2010 constitution . 144 godwin r. murunga 8 Security and human rights in the new constitutional order in Kenya . 163 mutuma ruteere About the contributors | 181 Index | 184 Acronyms and abbreviations 4Cs Citizens’ Coalition for Constitutional Change AU African Union CCP Concerned Citizens for Peace CCRC Comprehensive Constitution Reform Coalition CIC Commission for the Implementation of the Constitution CIPEV Commission of Inquiry into Post-Election Violence CKRC Constitution of Kenya Review Commission CMD-K Centre for Multiparty Democracy-Kenya CNC Coalition for a National Convention CoE Committee of Experts CORD Coalition for Reforms and Democracy COTU Central Organisation of Trade Unions CPJC Catholic Peace and Justice Commission CRECO Constitution and Reform Education Consortium CSO civil society organisation DP Democratic Party ECK Electoral Commission of Kenya ELOG Kenyan Elections Observation Group EU European Union FORD Forum for the Restoration of Democracy FORD-A Forum for the Restoration of Democracy-Asili FORD-K Forum for the Restoration of Democracy-Kenya GEMA Gikuyu, Embu and Meru Association ICC International Criminal Court IEBC Independent Electoral and Boundaries Commission IPOA Independent Policing Oversight Authority IPPG Inter-Party Parliamentary Group JDF Joint Dialogue Forum JSC Judicial Service Commission KADU Kenya African Democratic Union KANU Kenya African National Union KHRC Kenya Human Rights Commission KI Katiba Institute KNCHR Kenya National Commission on Human Rights KNDR Kenya National Dialogue and Reconciliation KPTJ Kenyans for Peace, Truth and Justice KPU Kenya People’s Union KYFM Kenya Youth Foundation Movement vi LDP Liberal Democratic Party LSK Law Society of Kenya MoU memorandum of understanding MP member of parliament MSRF Multi-Sectoral Review Forum NAK National Alliance Party of Kenya NARC National Alliance Rainbow Coalition NCCK National Council of the Churches of Kenya NCEC National Convention Executive Council NCPC National Convention Preparatory Committee NDC National Dialogue Conference NDP National Democratic Party NGO non-governmental organisation NIS National Intelligence Service NSIS National Security Intelligence Service NUKS National Union of Kenya Students ODM Orange Democratic Movement ODM-K Orange Democratic Movement-Kenya PAF Policy Advisory Foundation PCK People’s Commission of Kenya PNU Party of National Unity PSC parliamentary select committee RPP Release Political Prisoners SAP structural adjustment programme SCOK Supreme Court of Kenya SODNET Social Development Network SONU Students Organization of Nairobi University TI Transparency International TNA The National Alliance UN United Nations UNDP United Nations Development Programme URP United Republican Party vii Preface This study of Kenya’s constitution-making process is a joint initiative between the Nordic Africa Institute and the Institute for Development
Load more

Recommended publications
  • Political Parties and Party Systems in Kenya
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Elischer, Sebastian Working Paper Ethnic Coalitions of Convenience and Commitment: Political Parties and Party Systems in Kenya GIGA Working Papers, No. 68 Provided in Cooperation with: GIGA German Institute of Global and Area Studies Suggested Citation: Elischer, Sebastian (2008) : Ethnic Coalitions of Convenience and Commitment: Political Parties and Party Systems in Kenya, GIGA Working Papers, No. 68, German Institute of Global and Area Studies (GIGA), Hamburg This Version is available at: http://hdl.handle.net/10419/47826 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort
    [Show full text]
  • 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
    [Show full text]
  • 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
    [Show full text]
  • Policy Workshop on Japan-Kenya Relations
    Policy Workshop on Japan-Kenya Relations May 2014 Embassy of Japan The Embassy of Japan in Kenya will hold a policy workshop on Japan-Kenya relations to advance the momentum enjoyed in 2013 in celebration of the 50th anniversary of the establishment of diplomatic relations between the two countries. Date: 16th May (Friday) Time: 2:30pm-5:00pm (venue opens at 2pm) Venue: Main Hall of the Japan Information and Culture Centre (JICC) at the Embassy of Japan Tentative Program: Opening Remarks (H.E. Tatsushi Terada, Ambassador of Japan) Remarks by Guest Speaker (15min: Mr. Douglas Wakiihuri, Olympian) Panel Discussion (45min Panel Discussion & 15min Q&A Session for each theme) Theme 1: Overview of Japan-Kenya Bilateral Relations Discussion Topics: History of bilateral relations, uniqueness of Japan’s diplomacy towards Kenya(/Africa), and exchanges of people and culture Facilitator: Mr. Mikio Mori, Deputy Chief of Mission, Embassy of Japan Panelists: Prof. Amb. Maria Nzomo, Director of the Institute of Diplomacy and International Studies, University of Nairobi Prof. Peter Kagwanja, Chief Executive, Africa Policy Institute Prof. Macharia Munene, United States International University <Break: 15min> Theme 2: Economic Cooperation Discussion Topics: Tokyo International Conference on African Development, 60th anniversary of Japan’s ODA, and business relations Facilitator: Mr. Hideo Eguchi, Chief Representative of Nairobi Office, Japan International Cooperation Agency (JICA) Panelists: Amb. Dennis Awori, Chairman of Toyota Kenya Mr. Yoshiyuki Sato, Founder of Kenya Nuts Company Mr. Denise Kodhe, Executive Director, Institute for Democracy and Leadership in Africa (IDEA) Closing Remarks (Amb. John Lanyasunya, Director of Asia and Australasia Directorate, Ministry of Foreign Affairs and International Trade) Invitees: The venue has the capacity of 90 people (plus standing room).
    [Show full text]
  • Post-Colonialism and the Politics of Kenya (Review)
    3RVWFRORQLDOLVPDQGWKHSROLWLFVRI.HQ\D UHYLHZ Peter Wafula Wekesa Eastern Africa Social Science Research Review, Volume 18, Number 1, January 2002, pp. 109-114 (Article) 3XEOLVKHGE\2UJDQL]DWLRQIRU6RFLDO6FLHQFH5HVHDUFKLQ(DVWHUQ DQG6RXWKHUQ$IULFD DOI: 10.1353/eas.2002.0004 For additional information about this article http://muse.jhu.edu/journals/eas/summary/v018/18.1wekesa.html Access provided by Kenyatta University. Library (4 Nov 2014 08:22 GMT) Book Reviews Ahluwalia D. Pal, Post-colonialism and the politics of Kenya (New York: Nova Science Publishers, Inc.) 1996, 217 pp. Post-colonialism as a framework of analysis remains subject to debate and controversy. Although post-colonialism has been around for close to two decades, it has in recent times been a fiercely contested and debated paradigm. Given its newness and elegance in the world of academic discourse, it is not surprising that its reception has been characterized by a great deal of excitement, confusion and in many cases scepticism. Debates surrounding the study have laid claims to questions of the legitimacy of post-colonialism as a separate analytical entity in the academic discourse, its validity as a theoretical formulation as well as its disciplinary boundaries and political implications. Also, the prefix ‘post’ has complicated matters as it implies an ‘aftermath’ in two senses - temporal, as in coming after, and ideological, as in supplanting. It is the second implication that the critics of the study have found contestable. The contestation has been on the dividing line between what is colonial and its link to what counts as post-colonial. The argument has been that if the inequities of colonial rule have not been erased, it is perhaps premature to proclaim the demise of colonialism.
    [Show full text]
  • 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.
    [Show full text]
  • Notes and References
    Notes and References 1 The Foundation of Kenya Colony I. P[ublic] R[ecord] O[ffice] Kew CO 533/234 ff 432-44. Kenya was how Johann Krapf, the German missionary who was in 1849 the first white man to see the mountain, transliterated the Kamba pronunciation of the Kikuyu name for it, Kirinyaga. The Kamba substituted glottal stops for intermediate consonants, hence 'Ki-i-ny-a'. T. C. Colchester, 'Origins of Kenya as the Name of the Country', Rhodes House. Mss Afr s.1849. 2. PRO CO 822/3117 Malcolm MacDonald to Duncan Sandys. Secret and Personal. 18 September 1963. 3. The new rail routes in question were the Uasin Gishu line and the Thika extension. M. F. Hill, Permanent Way. The StOlY of the Kenya and Uganda Railway (Nairobi: East African Railways and Harbours, 2nd edn 1961), p. 392. 4. Daily Sketch, 5 July 1920, p. 5. 5. Sekallyolya ('the crane [or stork] looking out on the world') was first printed in Nairobi in the Luganda language in 1921. From time to time it brought out editions in Swahili and for special occasions in English. Harry Thuku's Tangazo was the first Kenya African single­ sheet newsletter. 6. Interview with James Beauttah, Fort Hall, 1964. Beauttah was one of the first English-speaking African telephone operators. He claimed to be the first African to have electricity in his house. 7. PRO FO 2/377 A. Gray to FO, 16 February 1900, 'Memo on Report of Law Officers of the Crown reo East Africa and Uganda Protector­ ates'. The effect of the opinion of the law officers is that Her Majesty has, by virtue of her Protectorate, entire control over all lands unappropriated ..
    [Show full text]
  • The Role of Religion in Politics and Governance in Kenya
    UNIVERSITY OF NAIROBI INSTITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES PROGRAM – M.A IN INTERNATIONAL STUDIES TOPIC OF RESEARCH : THE ROLE OF RELIGION IN POLITICS AND GOVERNANCE IN KENYA NAME : KENGA CATHERINE REGISTRATION NUMBER: R50/74164/2014 SUPERVISOR : DR.MARTIN OUMA A research submitted in partial fulfillment of the Degree of Master of arts in International Studies DECLARATION I Kenga Catherine hereby declare that this research project is my original work and has not been presented for a degree in any other University or Institute of Higher learning. Signed …………………………………………….. Date…………………………………. KENGA CATHERINE This research paper has been submitted for examination with my approval. Supervisor: Signed …………………………………………….. Date…………………………………. DR. MARTIN OUMA LECTURER: INSITUTE OF DIPLOMACY AND INTERNATIONAL STUDIES, UNIVERSITY OF NAIROBI ii DEDICATION I dedicate this research project to especially the Government of Kenya for enabling its citizens have the freedom of worship. I hope the findings of my research will be of great importance. iii ACKNOWLEDGMENTS I am grateful to the Almighty God for this far I have come in my journey in search of knowledge. My sincere appreciation goes to my Supervisor Dr. Martin Ouma, lecturer at University of Nairobi for his support, encouragement and constructive criticism and steering me in the right direction which I would not have produced quality research work. I wish to express my sincere gratitude to my parents Mr. Robert Kenga and Charity Robert Kenga , my husband Yonah Mukanda Wafula and my son Zuriel Amani Wafula , my sister Florence Chiku Kenga, my brother Erick Tony Kenga and my boss Hon, Harrison Kombe – Member of Parliament for Magarini Constituency.
    [Show full text]
  • Gender Ranking Rapid Baseline Survey on the Status of Gender Equality in Kenyan Political Parties
    GENDER RANKING RAPID BASELINE SURVEY ON THE STATUS OF GENDER EQUALITY IN KENYAN POLITICAL PARTIES (ZERO DRAFT) © APRIL 2014 1 | P a g e Table of Contents 1 CONCLUSIONS AND RECOMMENDATIONS ....................................................................... 4 2 INTRODUCTION ...................................................................................................................... 5 2.1 Objectives ....................................................................................................................... 6 2.2 Why Gender Ranking of Political Parties? .................................................................. 7 3 BACKGROUND ....................................................................................................................... 7 4 BARRIERS TO WOMEN’S POLITICAL PARTICIPATION ........................................................ 17 4.1 The Situation of Women in Politics ............................................................................. 17 4.2 Evaluations on the Internal and External Barriers to Women’s Political Participation ............................................................................................................................ 18 5 METHODOLGY ...................................................................................................................... 19 5.1 Survey Design ............................................................................................................... 19 5.2 Limitations of the Survey ............................................................................................
    [Show full text]
  • Supreme Court Act
    LAWS OF KENYA SUPREME COURT ACT NO. 7 OF 2011 Revised Edition 2017 [2011] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2017] No. 7 of 2011 Supreme Court NO. 7 OF 2011 SUPREME COURT ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Object of the Act. PART II – ADMINISTRATION OF THE SUPREME COURT 4. Vacancy not to affect jurisdiction. 5. Order of precedence of judges of the Supreme Court. 6. Presiding judge. 7. Procedure if judges absent. 8. Manner of arriving at decisions. 9. Registrar of the Supreme Court. 10. Functions of the Registrar. 11. Revision of decisions of the Registrar. PART III – JURISDICTION OF THE SUPREME COURT 12. Determination of disputes arising out of presidential elections. 13. Advisory role. 14. Special jurisdiction. PART IV – APPEALS TO THE SUPREME COURT 15. Appeals to be by leave. 16. Criteria for leave to appeal. 17. Direct appeals only in exceptional circumstances. 18. Reasons for refusal of leave to appeal. 19. Extent of appellate jurisdiction of the Supreme Court. PART V – GENERAL 20. Appeals to proceed by fresh hearing. 21. General powers. 22. Power to remit proceedings. 23. Exercise of powers of the Court. 24. Interlocutory orders and directions by the Court. 25. Judgment of the Court. 26. Delivery of judgment. 27. Decisions of the Court may be enforced by the High Court. 28. Contempt of Court. 29. Seal of the Supreme Court. 30. Representation before the Supreme Court. 31. Rules. 3 [Rev. 2017] No.
    [Show full text]
  • 14Th September, 2017 TO; the Secretary Judicial Service
    14th September, 2017 TO; The Secretary Judicial Service Commission Supreme Court Building NAIROBI Dear Madam, RE: PETITION AGAINST JUSTICE DAVID MARAGA Chief Justice & President of Supreme Court A. COMPLAINTS & FACTS THEREOF 1.0 Violation of Regulation 12 of The Judicial Code of Conduct & Ethics The Chief Justice has invited, encouraged and permitted entry into the core of the Judiciary by Non-Governmental Organizations (NGOs) who are known protagonists of the President and Deputy President and who propagated the prosecution of the President and Deputy President at the International Criminal Court (ICC). These elements have now captured the Judiciary with the intent of procuring a regime change through judicial radicalism. The Chief Justice has, inter alia; a) Invited, facilitated and supported the embedding of technical support and financing by the International Development Law Organization (IDLO) to entities within the Judiciary including the Judicial Training Institute, National Council for Administration of Justice and Judicial Election Committee, with full knowledge that the IDLO organization is associated with the known anti-government partisan protagonists, including Makau Mutua who is a Board Member thereof; with full knowledge that the entity collaborates with local non-state actors that participated in prosecuting the President and Deputy President at the I.C.C; with full knowledge that the entity is further associated with local non-governmental organizations and individuals who petitioned against the election of the President
    [Show full text]
  • 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.
    [Show full text]