Ethnic Barons, Handshake Politics and Raila's Accidental Legacy
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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. -
Elections in Kenya: 2017 Rerun Presidential Election Frequently Asked Questions
Elections in Kenya 2017 Rerun Presidential Elections Frequently Asked Questions Africa International Foundation for Electoral Systems 2011 Crystal Drive | Floor 10 | Arlington, VA 22202 | www.IFES.org October 25, 2017 Frequently Asked Questions Acronym list .................................................................................................................................................. 1 Why is Kenya holding a second presidential election? ................................................................................. 2 What challenges does the Independent Electoral and Boundaries Commission face in organizing the rerun election? .............................................................................................................................................. 3 Will voters use any form of electronic voting? ............................................................................................. 5 What technology will be used during the October presidential election? ................................................... 5 What are areas of concern regarding potential electoral violence? ............................................................ 5 Who is eligible to run as a candidate in this election? ................................................................................. 7 What type of electoral system will be used to elect the president? ............................................................ 8 Will members of the diaspora be able to vote in this election? .................................................................. -
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 -
Miguna Miguna and the Autobiography
MIGUNA MIGUNA AND THE AUTOBIOGRAPHY TOM MBOYA OGOT A PROJECT PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF MASTER OF ARTS IN LITERATURE IN THE UNIVERSITY OF NAIROBI OCTOBER, 2014 DECLARATION This project paper is my original work and has not been presented for a degree in another university. Candidate: Signature……………………………………………………… Date…………………… TOM MBOYA OGOT C50/72204/2011 The project paper has been submitted for examination with our approval as university supervisors. First supervisor: Signature……………………………………………………… Date…………………… Name: PROF. HENRY INDANGASI Second supervisor: Signature……………………………………………………… Date…………………… Name: PROF. HELEN MWANZI ii DEDICATION This work is dedicated to Jaduong ’ Barnabas Ogot Swaya, who epitomizes to me what a father should be, for all that you gave me and has made me be whom I am; and also to the memory of my late mother , Mama Turphosa Mary Atieno Ojwang’ Ogot. Turi, as you were fondly called by many, the teachings that you gave us are the cords with which our family is closely knit and inspire us to scale heights even if they are dizzying, in spite of the many, many years since you left us. And to all those carrying Swaya Ambuso’s genes who have gone there before us, this is to your memory too. iii TABLE OF CONTENTS ACKNOWLEDGEMENT ............................................................................................... vi ABSTRACT ..................................................................................................................... vii CHAPTER ONE: -
Constitution of the United Republic of Tanzania of 1977
THE UNITED REPUBLIC OF TANZANIA THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA OF 1977 CHAPTER 2 OF THE LAWS ________ 2005 The following is the official Revised version in English of “KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA YA MWAKA 1977”. This revised edition of the Constitution of the United Republic of Tanzania incorporates and consolidates all amendments made therein by the Constituent Assembly in 1977 up to the 14 th Amendment of 2005 and it is printed and published under section 4 of the Laws Revision Act Chapter 4. 2 THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA (CAP. 2) ARRANGEMENT OF CONTENTS Article Title PREAMBLE CHAPTER ONE THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF RELIANCE PART I THE UNITED REPUBLIC AND THE PEOPLE 1. Proclamation of the United Republic. 2. The territory of the United Republic. 3. Declaration of Multi-Party State. 4. Exercise of State Authority of the United Republic. 5. The Franchise. PART II FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY 6. Interpretation. 7. Application of the provisions of Part II. 8. The Government and the People. 9. The pursuit of Ujamaa and Self-Reliance. 10. [Repealed]. 11. Right to work, to educational and other pursuits. PART III BASIC RIGHTS AND DUTIES The Right to Equality 12. Equality of human beings. 13. Equality before the law. The Right to Life 14. The right to life. 15. Right to personal freedom. 16. Right to privacy and personal security. 17. Right to freedom of movement. 3 The Right to Freedom of Conscience 18. -
The Post-Election Violence and Mediation 1. the Announcement Of
Bureau du Procureur Office of the Prosecutor The Post‐Election Violence and Mediation 1. The announcement of the results of the 27 December 2007 general election in Kenya triggered widespread violence, resulting in the deaths of over a thousand people, thousands of people being injured, and several hundreds of thousands of people being displaced from their homes. 2. On 28 February 2008, international mediation efforts led by Kofi Annan, Chair of the African Union Panel of Eminent African Personalities, resulted in the signing of a power‐ sharing agreement between Mwai Kibaki as President and Raila Odinga as Prime‐Minister. The agreement, also established three commissions: (1) the Commission of Inquiry on Post‐Election Violence (CIPEV); (2) the Truth, Justice and Reconciliation Commission; and (3) the Independent Review Commission on the General Elections held in Kenya on 27 December 2007. 3. On 15 October 2008 CIPEV‐ also known as the Waki Commission, published its Final Report. The Report recommended the establishment of a special tribunal to seek accountability against persons bearing the greatest responsibility for crimes relating toe th 2007 General Elections in Kenya, short of which, the Report recommended forwarding the information it collected to the ICC. Efforts to Establish a Local Tribunal 4. On 16 December 2008, President Kibaki and Prime Minister Odinga agreed to implement the recommendations of the Waki Commission and specifically to prepare and submit a Bill to the National Assembly to establish the Special Tribunal. Yet, on 12 February 2009, the Kenyan Parliament failed to adopt the “Constitution of Kenya (Amendment) Bill 2009” which was necessary to ensure that the Special Tribunal would be in accordance with the Constitution. -
Peeling Back the Mask Prelims Layout 1 23/06/2012 01:00 Page I
Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page i Peeling Back the Mask Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page ii Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page iii Peeling Back the Mask A QUEST FOR JUSTICE IN KENYA Miguna Miguna Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page iv Peeling Back the Mask Published by Gilgamesh Africa in 2012 ISBN 978-1-908531-21-6 © Miguna Miguna 2012 This book is copyright under the Berne Convention. No reproduction without permission. All rights reserved. The rights of Miguna Miguna to be identified as the author of this work has been asserted by him in accordance with section 77 and 78 of the Copyright, Designs and Patents Act, 1988. CIP Data: A catalogue for this book is available from the British Library Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page v I’m for truth, no matter who tells it. I’m for justice, no matter who it is for or against. I’m a human being first and foremost, and as such I’m for whoever and whatever benefits humanity as a whole. – Malcolm X Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page vi ALSO BY MIGUNA MIGUNA Songs of Fire Disgraceful Osgoode and Other Essays Afrika's Volcanic Song Toes Have Tales Peeling Back the Mask Prelims_Layout 1 23/06/2012 01:00 Page vii For my late mother, Suré Miguna Nyar Njoga, who sadly departed too soon For my children Atieno, Biko, Suré, Anyango and Achieng’, for their love, support and trouble! And For the two departed beautiful Kenyans: Dr. -
NATIONAL SUPER ALLIANCE Chairman, Article 86 of The
NATIONAL SUPER ALLIANCE 10th August 2017 Mr. Wafula Chebukati Chairperson IEBC National Tallying Center Bomas of Kenya Nairobi Chairman, RE: PRESIDENTIAL ELECTION RESULT Article 86 of the Constitution requires as follows “At every election, the Independent Electoral and Boundaries Commission shall ensure that— (a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent; (b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station; (c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and (d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.” We have information of the actual presidential election results contained in the IEBC database. NATIONAL SUPER ALLIANCE The data, which confirm the authentic and legitimate result of the presidential election, shows that the two leading candidates obtained the following votes: • Raila Amolo Odinga 8,041726 votes • Uhuru Kenyatta 7,755,428 Votes Screenshots of the results as displayed on your website and monitors at Bomas show the following results: • Uhuru Kenyatta 8,056,885 • Raila Amolo Odinga 6,659,493 Evidently, the accurate and lawful results in the presidential election is the transmission received from the polling stations and contained in the IEBC servers. We have annexed the following: • The actual and complete data contained in IEBC servers (dbo.PRESIDENTIAL_REAL_TIME); and • The screenshots obtained from the IEBC website. We therefore demand as follows: 1. That you stop forthwith the display of unverified and unauthenticated results. -
Paralegal Support Network
The Paralegal’s Handbook Paralegal Support Network Table of Contents Chapter 1: How to Use this Handbook Chapter 2: The Role of the Paralegal Worker Chapter 3: Law and Society Chapter 4: Institutions for the Implementation of the Law Chapter 5: The Constitution Chapter 6: Human Rights Chapter 7: Democracy Chapter 8: Elections Chapter 9: Governance Chapter 10: Gender and Development Chapter 11: Gender-based Violence Chapter 12: Employment and Labour Relations Chapter 13: Claims Arising from Personal Harm Chapter 14: Business Relations and Contracts Chapter 15: Land Law Chapter 16: Family Relations and Succession Chapter 17: Crimes Chapter 18: Court Procedures Chapter 19: Dispute Resolution and Conflict Management Chapter 20: Community Mobilization Chapter 21: Children and the Law Chapter 22: Environment and Natural Resource Management Chapter 23: Human Rights Institution Building Chapter 1 How to Use This Handbook Why the Handbook? This handbook has been developed by the Paralegal Support Network (PASUNE). The handbook was developed in fulfillment of the mandate of PASUNE. PASUNE as a network of leading human rights organizations involved in paralegal training has been working towards standardizing the content and methods of training paralegals in Kenya. As part of that process in the year 2003 it developed a curriculum for community paralegal workers. The curriculum has been very useful in ensuring that all organizations involved in paralegal training cover an agreed set of issues in the process of training and that the eventual trainees are of a certain quality. The curriculum however only highlights the areas to be covered. The substance is to be filled during the actual training. -
Ambassador Lodewijk Briet Must Watch His Mouth
Let stubborn facts grind Makau Mutua’s fake ethical innards (A rebuttal) By Miguna Miguna, December 11, 2016 ______________________________________________________________________________ The problem with Kenya is not her patriotic people. Kenya’s most intractable affliction is caused by a tiny but viciously malicious and highly deceptive group of charlatans who use acres of space in the cartel-owned newspapers to parrot their unrefined and tainted "commentaries” week after week on irrelevant pursuits in order to mislead the people and keep them captive to the merchants of impunity. On The Standard On Sunday, December 11, 2016, Makau Mutua published an incoherent verbiage titled, “Miguna Miguna’s personal demons come out to haunt him” in which he hurled profanities at me for daring to deconstruct my putative political opponents on live TV debates to which they had voluntarily participated - not as women or men - but as “aspirants for public office.” I would have ignored Makau’s regular ad hominem invectives against me like I’ve done to multiple other envious charlatans. However, Makau is a notorious intellectual quack that deserves some deconstruction. First, Makau’s quackery gets wide dissemination through a network of imbedded servile cartel media surrogates. Second, he has perfected the art of hypocrisy and in a society thoroughly suffocated of truth and constantly fed cocktails of manufactured and fake “news,” ignoring the degenerate concoctions might inadvertently result in a few people believing the falsehoods. Makau pretends to be an erudite scholar and a “human rights activist,” however, his dubious record and longevity at the Kenya Human Rights Commission (KHRC) only rivals that of Gaius Julius Caesar of Rome. -
NASA Manifesto
A STRONG NATION NATIONAL SUPER ALLIANCE COALITION MANIFESTO 2017 TABLE OF CONTENTS Foreword 3 Nation Building 4 State Building 9 DRAFTTransforming Governance 13 Realizing Social and Economic Rights 18 Creating Jobs, Eradicating Poverty 22 Regional and International Cooperation 37 1 NATIONAL SUPER ALLIANCE MANIFESTO NATIONAL SUPER ALLIANCE MANIFESTO FOREWORD NASA Coalition exists to pursue five objectives namely, to promote national unity, to uphold, guard and respect the dignity of all individuals and communities, to return country to the path of constitutional and democratic development; end the culture of impunity; and to restore sanity in the management of the economy and public affairs of our Nation. These objectives are enunciated in the Coalition Agreement between the five founder political parties namely Amani National Congress (ANC), Chama Cha Mashinani (CCM), Forum for the Restoration of Democracy Kenya (FORD-Kenya), Orange Democratic Movement (ODM) and the Wiper Democratic Movement Kenya (WDM-Kenya) The Coalition is governed by progressive values and principles of democracy, constitutionalism and the rule of law; equality and equity, including affirmative action; human rights, dignity and freedom; inclusive governance, equitable, sustainable development and social justice; transparent, accountable and accessible leadership; empowered citizens who actively participate in governance and policy processes; free, vigorous media and vibrant civil society, freedom of information; zero tolerance to corruption; and free, fair and credible -
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).