Download Conference Report
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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 -
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. -
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. -
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 ................................................................................................................. -
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). -
Vihiga County Assembly Kenya
VIHIGA COUNTY ASSEMBLY KENYA ‘Unemployment is the major challenge and reason why the majority of the residents of Vihiga County are living in poverty. I will ensure that we have job centres where our people will be able to access jobs. This will ensure that our people are recruited in their fields of specialisation.’ Governor Moses Akaranga Vihiga County is a county in the Geographically, a larger part of the former Western Province of Kenya. Its County is hilly terrain. It also has a good capital and largest town is Vihiga. The amount of forest cover such as the County borders Kakamega County to Kibiri Forest, which is an extension of VIHIGA Governor Moses Akaranga has an the north, Nandi County to the east, Kakamega Forest. open-door policy and has invited young Kisumu County to the south and Siaya people with problems to visit him in his County to the west. Economy office so that ‘they can find a solution to Agriculture is the main economic activity. issues facing them instead of engaging in The County has a population of crime’ 554,622 (2009 census) and covers an Crops planted include maize, millet, area of 563 km². bananas, avocados, sweet potatoes and cassava. Main economic activities include There are four major townships: tea farming, eucalyptus tree farming, Luanda, Majengo, Chavakali and Mbale sand and stone quarrying, dairy farming Town which serves as the administrative and horticulture. Apart from those in headquarters. The County has four formal employment most residents districts headed by district engage in informal trade, with Luanda commissioners and three sub-counties market being the largest in the region. -
Major Research Paper Uhuru Kenyatta Vs. The
1 Major Research Paper Uhuru Kenyatta vs. The International Criminal Court: Narratives of Injustice & Solidarity Stefanie Hodgins Student Number: 5562223 Supervisor: Professor Rita Abrahamsen University of Ottawa Graduate School of Public and International Affairs Date: July 23rd, 2015 2 Abstract The intent of this paper is to explore the dominant narratives used by Uhuru Kenyatta to discredit the legitimacy of the International Criminal Court within Kenya and Africa. Using a framing analysis as a theoretical approach, this paper identified four primary arguments, which pertained to issues of neo-colonialism, sovereignty, ethnic polarization, and national reconciliation. This paper argues that these arguments supported narratives of injustice and solidarity and were evoked by Kenyatta in order to mobilize a domestic and regional support base throughout the course of his trial at The Hague. This paper examines how these narratives were used in the context of the 2013 Kenyan election and at Kenyatta's various appearances at the African Union. Overall, this analysis offers new insights into the effectiveness of global criminal justice and considers the importance of addressing local perceptions and realities. 3 Table of Contents 1.0 - Introduction .................................................................................................................................... 4 2.0 - Theoretical and Methodological Approach ..................................................................................... 7 3.0 - Kenya's 2007-08 Post-Election -
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 ............................................................................................................................. -
Observing the 2002 Kenya Elections
SPECIAL REPORT SERIES THE CARTER CENTER ★ ★ ★ ★ OBSERVING THE 2002 KENYA ELECTIONS Waging Peace. Fighting Disease. Building Hope. THE CARTER CENTER STRIVES TO RELIEVE SUFFERING BY ADVANCING PEACE AND HEALTH WORLDWIDE; IT SEEKS TO PREVENT AND RESOLVE CONFLICTS, ENHANCE FREEDOM AND DEMOCRACY, AND PROTECT AND PROMOTE HUMAN RIGHTS WORLDWIDE. OBSERVING THE 2002 KENYA ELECTIONS FINAL REPORT ONE COPENHILL 453 FREEDOM PARKWAY ATLANTA, GA 30307 (404) 420-5188 FAX (404) 420-5196 WWW. CARTERCENTER. ORG MAY 2003 THE CARTER CENTER NDI OBSERVING THE 2002 KENYA ELECTIONS 2 THE CARTER CENTER NDI OBSERVING THE 2002 KENYA ELECTIONS TABLE OF CONTENTS Kenya General Elections Delegation and Staff ............................................................................................... 4 Terms and Abbreviations ................................................................................................................................. 6 Foreword ............................................................................................................................................................ 8 Executive Summary .......................................................................................................................................... 10 Acknowledgments ............................................................................................................................................ 14 Background.......................................................................................................................................................