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Chapter 12 Administering and Regulating Security And
CHAPTER 12 ADMINISTERING AND REGULATING SECURITY AND CRIMINAL JUSTICE IN KENYA AND AFRICA This Chapter may be cited as: Ben Sihanya (forthcoming 2020) “Administering and regulating security and criminal justice in Kenya and Africa,” in Ben Sihanya (2020) Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa Vol. 2: Presidency, Premier, Legislature, Judiciary, Commissions, Devolution, Bureaucracy and Administrative Justice in Kenya Sihanya Mentoring & Innovative Lawyering, Nairobi & Siaya 12.1 Conceptualising Security and the Criminal Justice System in Kenya and Africa My overarching argument is that national or public security has a narrow and a broad meaning and significance which are equally important in the quest for constitutional democracy in Kenya and Africa.1 In this chapter, security and criminal justice is prolematised and conceptualized using the Afro-Kenyanist methodology and approach, with elaborate anecdotes and references to Kenyan and African scholarship. What are some of the key issues in the constitutional, legislative, policy and administrative debate in the context of the Building Bridges Initiative (BBI)…. How has security and the criminal justice system (CJS) been conceptualized, problematized, and contextualized in Kenya and Africa? Significantly, in Kenya and some African states, security is a human right. It is also a core function and obligation of the Executive and the President and/or Prime Minister. Art 238(1) of the Constitution defines national security thus: “National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.”2 And Article 29 guarantees security as a human right. -
A Street Named Bi Pendo,How to Write About
A Street Named Bi Pendo By Carey Baraka “Memory is short-lived/And more important instead/That streets are well-laid/Flowing and uncongested.” — Jonathan Kariara, Naming Streets in Nairobi The main road that runs through Kisumu is called Jomo Kenyatta Highway. Named after the country’s first president, the road divides the town in a North-South axis that runs from Patel Flats (where it stops being Kakamega Road) to the State Lodge in Milimani. In fact, one might argue that it is the spine of the city, in the sense of it being the central nervous system and the other roads feeding off it. In other words, cut off this road from either end (at Kondele or at the intersection with Busia Road) and you have killed Kisumu. During the 2017 electoral period, Jomo Kenyatta Highway was the epicentre of several violent clashes between opposition supporters and police officers. A general election had been held on 8 August and the main candidates in the presidential election were the incumbent, Uhuru Kenyatta of the Jubilee Party, and Raila Odinga of the NASA coalition. On 9 August, as tallying was ongoing, Odinga announced that the elections database had been hacked and the results were being manipulated in favour of his opponent, and that the hacker had used the credentials of Chris Msando, the Independent Electoral and Boundaries Commission (IEBC) ICT manager who had been murdered less than two weeks to the election. Odinga said, “What the IEBC has posted is a complete fraud . to give Uhuru Kenyatta votes that were not cast . -
POLICING REFORM in AFRICA Moving Towards a Rights-Based Approach in a Climate of Terrorism, Insurgency and Serious Violent Crime
POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, Mutuma Ruteere & Simon Howell POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, University of Jos, Nigeria Mutuma Ruteere, UN Special Rapporteur, Kenya Simon Howell, APCOF, South Africa Acknowledgements This publication is funded by the Ford Foundation, the United Nations Development Programme, and the Open Societies Foundation. The findings and conclusions do not necessarily reflect their positions or policies. Published by African Policing Civilian Oversight Forum (APCOF) Copyright © APCOF, April 2018 ISBN 978-1-928332-33-6 African Policing Civilian Oversight Forum (APCOF) Building 23b, Suite 16 The Waverley Business Park Wyecroft Road Mowbray, 7925 Cape Town, ZA Tel: +27 21 447 2415 Fax: +27 21 447 1691 Email: [email protected] Web: www.apcof.org.za Cover photo taken in Nyeri, Kenya © George Mulala/PictureNET Africa Contents Foreword iv About the editors v SECTION 1: OVERVIEW Chapter 1: Imperatives of and tensions within rights-based policing 3 Etannibi E. O. Alemika Chapter 2: The constraints of rights-based policing in Africa 14 Etannibi E.O. Alemika Chapter 3: Policing insurgency: Remembering apartheid 44 Elrena van der Spuy SECTION 2: COMMUNITY–POLICE NEXUS Chapter 4: Policing in the borderlands of Zimbabwe 63 Kudakwashe Chirambwi & Ronald Nare Chapter 5: Multiple counter-insurgency groups in north-eastern Nigeria 80 Benson Chinedu Olugbuo & Oluwole Samuel Ojewale SECTION 3: POLICING RESPONSES Chapter 6: Terrorism and rights protection in the Lake Chad basin 103 Amadou Koundy Chapter 7: Counter-terrorism and rights-based policing in East Africa 122 John Kamya Chapter 8: Boko Haram and rights-based policing in Cameroon 147 Polycarp Ngufor Forkum Chapter 9: Police organizational capacity and rights-based policing in Nigeria 163 Solomon E. -
Mwazighe, Charles Lenjo Title Legal Responses to Terrorism: Case Study of the Republic of Kenya Publisher Monterey, Ca
Author(s) Mwazighe, Charles Lenjo Title Legal responses to terrorism: case study of the Republic of Kenya Publisher Monterey, California. Naval Postgraduate School Issue Date 2012-12 URL http://hdl.handle.net/10945/27876 This document was downloaded on October 10, 2013 at 15:48:27 NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS LEGAL RESPONSES TO TERRORISM: CASE STUDY OF THE REPUBLIC OF KENYA by Charles Lenjo Mwazighe December 2012 Thesis Co-Advisors: Thomas C. Bruneau Carolyn C. Halladay Approved for public release; distribution is unlimited THIS PAGE INTENTIONALLY LEFT BLANK REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188) Washington DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE 3. REPORT TYPE AND DATES COVERED December 2012 Master’s Thesis 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS LEGAL RESPONSES TO TERRORISM: CASE STUDY OF THE REPUBLIC OF KENYA 6. AUTHOR(S) Charles Lenjo Mwazighe 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION Naval Postgraduate School REPORT NUMBER Monterey, CA 93943-5000 9. -
PERSPECTIVES on TERRORISM Volume 11, Issue 5
ISSN 2334-3745 Volume V, Issue 5 October 2017 PERSPECTIVES ON TERRORISM Volume 11, Issue 5 Table of Contents Welcome from the Editors......................................................................................................1 Articles Countering Violent Extremism in Prisons: A Review of Key Recent Research and Critical Research Gaps.........................................................................................................................2 by Andrew Silke and Tinka Veldhuis The New Crusaders: Contemporary Extreme Right Symbolism and Rhetoric..................12 by Ariel Koch Exploring the Continuum of Lethality: Militant Islamists’ Targeting Preferences in Europe....................................................................................................................................24 by Cato Hemmingby Research Notes On and Off the Radar: Tactical and Strategic Responses to Screening Known Potential Terrorist Attackers................................................................................................................41 by Thomas Quiggin Resources Terrorism Bookshelf.............................................................................................................50 Capsule Reviews by Joshua Sinai Bibliography: Terrorist Organizations: Cells, Networks, Affiliations, Splits......................67 Compiled and selected by Judith Tinnes Bibliography: Life Cycles of Terrorism..............................................................................107 Compiled and selected by Judith -
Kenya Decision Against Al-Shabaab in Somalia
KENYA DECISION AGAINST AL-SHABAAB IN SOMALIA Lt Col A.M. Gitonga JCSP 42 PCEMI 42 Exercise Solo Flight Exercice Solo Flight Disclaimer Avertissement Opinions expressed remain those of the author and Les opinons exprimées n’engagent que leurs auteurs do not represent Department of National Defence or et ne reflètent aucunement des politiques du Canadian Forces policy. This paper may not be used Ministère de la Défense nationale ou des Forces without written permission. canadiennes. Ce papier ne peut être reproduit sans autorisation écrite. © Her Majesty the Queen in Right of Canada, as © Sa Majesté la Reine du Chef du Canada, représentée par represented by the Minister of National Defence, 2016. le ministre de la Défense nationale, 2016. CANADIAN FORCES COLLEGE – COLLÈGE DES FORCES CANADIENNES JCSP 42 – PCEMI 42 2015 – 2016 EXERCISE SOLO FLIGHT – EXERCICE SOLO FLIGHT KENYA DECISION AGAINST AL-SHABAAB IN SOMALIA Lt Col A.M. Gitonga “This paper was written by a student “La présente étude a été rédigée par un attending the Canadian Forces College stagiaire du Collège des Forces in fulfilment of one of the requirements canadiennes pour satisfaire à l'une des of the Course of Studies. The paper is a exigences du cours. L'étude est un scholastic document, and thus contains document qui se rapporte au cours et facts and opinions, which the author contient donc des faits et des opinions alone considered appropriate and que seul l'auteur considère appropriés et correct for the subject. It does not convenables au sujet. Elle ne reflète pas necessarily reflect the policy or the nécessairement la politique ou l'opinion opinion of any agency, including the d'un organisme quelconque, y compris le Government of Canada and the gouvernement du Canada et le ministère Canadian Department of National de la Défense nationale du Canada. -
Global Extremism Monitor
Global Extremism Monitor Violent Islamist Extremism in 2017 WITH A FOREWORD BY TONY BLAIR SEPTEMBER 2018 1 2 Contents Foreword 7 Executive Summary 9 Key Findings About the Global Extremism Monitor The Way Forward Introduction 13 A Unifying Ideology Global Extremism Today The Long War Against Extremism A Plethora of Insurgencies Before 9/11 A Proliferation of Terrorism Since 9/11 The Scale of the Problem The Ten Deadliest Countries 23 Syria Iraq Afghanistan Somalia Nigeria Yemen Egypt Pakistan Libya Mali Civilians as Intended Targets 45 Extremist Groups and the Public Space Prominent Victims Breakdown of Public Targets Suicide Bombings 59 Use of Suicide Attacks by Group Female Suicide Bombers Executions 71 Deadliest Groups Accusations Appendices 83 Methodology Glossary About Us Notes 3 Countries Affected by Violent Islamist Extremism, 2017 4 5 6 Foreword Tony Blair One of the core objectives of the Institute is the promotion of co-existence across the boundaries of religious faith and the combating of extremism based on an abuse of faith. Part of this work is research into the phenomenon of extremism derived particularly from the abuse of Islam. This publication is the most comprehensive analysis of such extremism to date and utilises data on terrorism in a new way to show: 1. Violent extremism connected with the perversion of Islam today is global, affecting over 60 countries. 2. Now more than 120 different groups worldwide are actively engaged in this violence. 3. These groups are united by an ideology that shares certain traits and beliefs. 4. The ideology and the violence associated with it have been growing over a period of decades stretching back to the 1980s or further, closely correlated with the development of the Muslim Brotherhood into a global movement, the Iranian Revolution in 1979 and—in the same year—the storming by extremist insurgents of Islam’s holy city of Mecca. -
Assessing the Vulnerability of Kenyan Youths to Radicalisation and Extremism
Institute for Security Studies PAPER Assessing the vulnerability of Kenyan youths to radicalisation and extremism INTRODUCTION country is also central to the region and thus deserves That there is an emerging trend of religious radicalisation in closer scrutiny. Although Kenya’s intervention in Somalia East Africa is not in doubt. Somalia, which has experienced served to incite a terrorist response, the experience of various forms of conflict since 1991, has often been seen Uganda, Ethiopia and Burundi, all of which have had troops as the source of extremism in the region, especially in Somalia since 2006, showed different trends. Only the following the attacks on the United States (US) embassies attacks in Uganda and Kenya were attributed to those in Dar es Salaam and Nairobi on 7 August 1998. Yet closer countries’ interventions in Somalia. And, despite the fact investigation reveals that Somali nationals were not behind that those directly involved in these attacks were Ugandan most of the incidents outside Somalia’s borders. Somalia nationals, Kenyans and Tanzanians helped plan and provides a safe haven, training camps and opportunities for execute the attacks, not members of traditional extremists to fight the ‘enemies of Islam’, but al-Qaeda and Somali communities. later al-Shabaab have executed attacks in the region by This is not to say that individuals within the traditional relying on local assistance and support. At the same time, Muslim community have not used frustrations and al-Shabaab managed to recruit Kenyan, Ugandan and vulnerabilities among the youth – Muslim and non-Muslim Tanzanian nationals to its ranks in Somalia. -
1 Name: the Muslim Brotherhood in Egypt Year of Origin: 1928 Founder
MUSLIM BROTHERHOOD IN EGYPT Name: The Muslim Brotherhood in Egypt Year of Origin: 1928 Founder(s): Hassan al-Banna Place(s) of Operation: Egypt Key Leaders: Acting: • Mahmoud Ezzat: Acting supreme guide • Mahmoud Hussein: Secretary-general • Mohamed Montasser: Spokesman • Talaat Fahmi: Spokesman • Mohamed Abdel Rahman: Head of the Higher Administrative Committee • Amr Darrag: Senior member and co-founder of the Freedom and Justice Party • Ahmed Abdel Rahman: Chairman of the Brotherhood’s Istanbul-based Office for Egyptians Abroad Imprisoned: • Mohammed Morsi: Imprisoned former president of Egypt; former leader of the Brotherhood’s Freedom and Justice Party • Mohammed Badie: Imprisoned supreme guide • Khairat el-Shater: Imprisoned deputy supreme guide • Mohamed Taha Wahdan: Imprisoned head of the Brotherhood’s Egypt-based Crisis Management Committee • Abdelrahman al-Barr: Imprisoned Brotherhood mufti and member of the Guidance Office [Image: source: Ikhwan Web] • Mahmoud Ghozlan: Imprisoned spokesman • Gehad al-Haddad: Imprisoned former spokesman and political activist Deceased: • Mohammed Kamal: Prominent Brotherhood member and head of the High Administrative Committee (deceased) [Image not available] Associated Organization(s): • Al-Ikhwan al-Muslimeen • Al-Ikhwan al-Muslimin • Gamaat al-Ikhwan al-Muslimin • Ikhwan • Muslim Brethren 1 MUSLIM BROTHERHOOD IN EGYPT • Muslim Brothers • Society of Muslim Brothers1 The Muslim Brotherhood (i.e., the Brotherhood) is Egypt’s oldest and largest Islamist organization.2 The Brotherhood rose to power -
Domestic Terrorism in Africa
DOMESTIC TERRORISM IN AFRICA: DOMESTIC TERRORISM IN AFRICA: DEFINING, ADDRESSING AND UNDERSTANDING ITS IMPACT ON HUMAN SECURITY DEFINING, ADDRESSING AND UNDERSTANDING ITS IMPACT ON HUMAN SECURITY Terrorism Studies & Research Program ISS Head Offi ce Block D, Brooklyn Court, VealVeale Street New Muckleneuk,, PrPretoria Tel: (27-12) 346 9500 Fax:Fa (27-12) 346 9570 E-mail: iss@[email protected] ISS AdAddis Ababa Offi ce FirsFirst Floor, Ki-Ab Building, Alexander Pushkin Street, Pushkin Square, Addis Ababa Tell:(: (251-1111)3) 37272-1154/5/6 Fax:(: (251-1111)3) 372 5954 E-mail: addisababa@is@ safrica.orgg ISS Cape Town Offi ce 67 Roeland Square, Drury Lane Gardens Cape Town 8001 South Africa TTel:(: (27-27 21) 46171 7211 Fax: (27-2121)4) 461 7213 E-mail: [email protected] ISS Nairobi Offi ce 5h5th Flloooor, LanddmarkPk Pllaza Argwings Kodhekek RRoad, Nairobi, Kenya Tel: (254 -20) 300 5726/8 FaxFax: (254-20) 271 2902 E-mail: [email protected] ISS Pretoria Offi ce Block C, Brooklyn Court, Veale Street New Muckleneuk, Pretoria Tel: (27-12) 346 9500 Fax: (27-12) 460 0998 Edited by Wafula Okumu and Anneli Botha E-mail: [email protected] Wafula Okumu and Anneli Botha www.issafrica.org 5 and 6 November 2007 This publication was made possible through funding provided by the ISBN 978-1-920114-80-0 Norwegian Government. In addition, general Institute funding is provided by the Governments of Denmark, the Netherlands, Norway and Sweden. 9 781920 114800 Terrorism Studies & Research Program As a leading African human security research institution, the Institute for Security Studies (ISS) works towards a stable and peaceful Africa characterised by sustainable development, human rights, the rule of law, democracy, collaborative security and gender mainstreaming. -
Security and Devolution in Kenya: Struggles in Applying Constitutional Provisions to Local Politics
Security and devolution in Kenya: Struggles in applying constitutional provisions to local politics Dominic Burbidge* Abstract The Fourth Schedule of the Constitution of Kenya (2010 Constitution) retains security as a function of National Government. At the same time, the 2010 Constitution creates 47 county governments with considerable autonomy in public service provision. Many county governors have demanded a say in the deployment of security services because of the inequality of security provision throughout Kenya’s history. While the 2010 Constitution is clear, however, in not providing much of a local say in the way security is deployed, it is found that in their day-to-day activities security officials depend on a close relationship with local politicians. This article examines constitutional provisions in the context of the history of security in Kenya and its practical deployment under the new political framework. It is argued that the long-term reasons for the inconsistent and insensitive use of security forces endure in contemporary dilemmas over the relationship between national security provision and local politics. Regardless of what the 2010 Constitution says, successful deployment of security depends on cooperative local political relations. Attempts to establish these links can often lead county governors to overstep their mandates, however, contravening the 2010 Constitution. We are therefore not only witnessing a transformation of the political structure through devolution but also transformation of the negotiated structure of security’s deployment. * BSc (QMUL), MPhil (Oxford), DPhil (Oxford) 3 STRATHMORE LAW JOURNAL, 1, AUGUST 2017 Dominic Burbidge 1. Introduction When in 1919 Max Weber defined the state as ‘a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory’1 he set off an appreciation of the security apparatus as a central qual- ity for defining statehood. -
INSULT to INJURY the 2014 Lamu and Tana River Attacks and Kenya’S Abusive Response
INSULT TO INJURY The 2014 Lamu and Tana River Attacks and Kenya’s Abusive Response HUMAN RIGHTS WATCH hrw.org www.khrc.or.ke Insult to Injury The 2014 Lamu and Tana River Attacks and Kenya’s Abusive Response Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-32446 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org JUNE 2015 978-1-6231-32446 Insult to Injury The 2014 Lamu and Tana River Attacks and Kenya’s Abusive Response Map of Kenya and Coast Region ........................................................................................ i Summary ......................................................................................................................... 1 Recommendations ..........................................................................................................