The Nature and Drivers of Insecurity in Kenya
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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. -
The Kenyan British Colonial Experience
Peace and Conflict Studies Volume 25 Number 1 Decolonizing Through a Peace and Article 2 Conflict Studies Lens 5-2018 Modus Operandi of Oppressing the “Savages”: The Kenyan British Colonial Experience Peter Karari [email protected] Follow this and additional works at: https://nsuworks.nova.edu/pcs Part of the Peace and Conflict Studies Commons Recommended Citation Karari, Peter (2018) "Modus Operandi of Oppressing the “Savages”: The Kenyan British Colonial Experience," Peace and Conflict Studies: Vol. 25 : No. 1 , Article 2. DOI: 10.46743/1082-7307/2018.1436 Available at: https://nsuworks.nova.edu/pcs/vol25/iss1/2 This Article is brought to you for free and open access by the Peace & Conflict Studies at NSUWorks. It has been accepted for inclusion in Peace and Conflict Studies by an authorized editor of NSUWorks. For more information, please contact [email protected]. Modus Operandi of Oppressing the “Savages”: The Kenyan British Colonial Experience Abstract Colonialism can be traced back to the dawn of the “age of discovery” that was pioneered by the Portuguese and the Spanish empires in the 15th century. It was not until the 1870s that “New Imperialism” characterized by the ideology of European expansionism envisioned acquiring new territories overseas. The Berlin Conference of 1884-1885 prepared the ground for the direct rule and occupation of Africa by European powers. In 1895, Kenya became part of the British East Africa Protectorate. From 1920, the British colonized Kenya until her independence in 1963. As in many other former British colonies around the world, most conspicuous and appalling was the modus operandi that was employed to colonize the targeted territories. -
Kenyan Somali Islamist Radicalisation
Policy Briefing Africa Briefing N°85 Nairobi/Brussels, 25 January 2012 Kenyan Somali Islamist Radicalisation tant government positions. The coalition government has I. OVERVIEW created a ministry to spearhead development in the region. A modest affirmative action policy is opening opportuni- Somalia’s growing Islamist radicalism is spilling over in- ties in higher education and state employment. To most to Kenya. The militant Al-Shabaab movement has built a Somalis this is improvement, if halting, over past neglect. cross-border presence and a clandestine support network But the deployment of troops to Somalia may jeopardise among Muslim populations in the north east and Nairobi much of this modest progress. Al-Shabaab or sympathisers and on the coast, and is trying to radicalise and recruit have launched small but deadly attacks against government youth from these communities, often capitalising on long- and civilian targets in the province; there is credible fear a standing grievances against the central state. This prob- larger terror attack may be tried elsewhere to undermine lem could grow more severe with the October 2011 deci- Kenyan resolve and trigger a security crackdown that could sion by the Kenyan government to intervene directly in drive more Somalis, and perhaps other Muslims, into the Somalia. Radicalisation is a grave threat to Kenya’s securi- movement’s arms. Accordingly, the government should: ty and stability. Formulating and executing sound counter- radicalisation and de-radicalisation policies before it is too recognise that a blanket or draconian crackdown on late must be a priority. It would be a profound mistake, Kenyan Somalis, or Kenyan Muslims in general, would however, to view the challenge solely through a counter- radicalise more individuals and add to the threat of terrorism lens. -
North Eastern - Wagalla Massacre (Nairobi) - RTJRC14.06 (NHIF Auditorium) (Benson Kaaria Testimony)
Seattle University School of Law Seattle University School of Law Digital Commons The Truth, Justice and Reconciliation I. Core TJRC Related Documents Commission of Kenya 6-14-2011 Public Hearing Transcripts - North Eastern - Wagalla Massacre (Nairobi) - RTJRC14.06 (NHIF Auditorium) (Benson Kaaria Testimony) Truth, Justice, and Reconciliation Commission Follow this and additional works at: https://digitalcommons.law.seattleu.edu/tjrc-core Recommended Citation Truth, Justice, and Reconciliation Commission, "Public Hearing Transcripts - North Eastern - Wagalla Massacre (Nairobi) - RTJRC14.06 (NHIF Auditorium) (Benson Kaaria Testimony)" (2011). I. Core TJRC Related Documents. 78. https://digitalcommons.law.seattleu.edu/tjrc-core/78 This Report is brought to you for free and open access by the The Truth, Justice and Reconciliation Commission of Kenya at Seattle University School of Law Digital Commons. It has been accepted for inclusion in I. Core TJRC Related Documents by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. ORAL SUBMISSIONS MADE TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION ON TUESDAY, 14 TH JUNE, 2011 AT THE NHIF AUDITORIUM, NAIROBI PRESENT Tecla Namachanja Wanjala - The Acting Chair, Kenya Gertrude Chawatama - Commissioner, Zambia Berhanu Dinka - Commissioner, Ethiopia Ahmed Sheikh Farah - Commissioner, Kenya Tom Ojienda - Commissioner, Kenya Margret Wambui Shava - Commissioner, Kenya Ronald Slye - Commissioner, USA (The Commission commenced at 10.00 a.m.) (The Acting Chair (Ms. Namachanja) introduced herself and the other TJRC Commissioners) (Opening Prayers) The Acting Chair (Ms. Namachanja): Hearing Clerk, could we have the witness in? Welcome to today’s hearing of the Truth, Justice and Reconciliation Commission, today being the 14 th day of June, 2011. -
State Violence and Collective Punishment in Kenya's North Eastern Province, C
The Journal of Imperial and Commonwealth History ISSN: 0308-6534 (Print) 1743-9329 (Online) Journal homepage: http://www.tandfonline.com/loi/fich20 Legacies of Empire: State Violence and Collective Punishment in Kenya's North Eastern Province, c. 1963–Present Hannah Whittaker To cite this article: Hannah Whittaker (2015) Legacies of Empire: State Violence and Collective Punishment in Kenya's North Eastern Province, c. 1963–Present, The Journal of Imperial and Commonwealth History, 43:4, 641-657, DOI: 10.1080/03086534.2015.1083232 To link to this article: http://dx.doi.org/10.1080/03086534.2015.1083232 © 2015 The Author(s). Published by Taylor & Francis. Published online: 01 Sep 2015. Submit your article to this journal Article views: 682 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=fich20 Download by: [Brunel University London] Date: 01 July 2016, At: 08:01 The Journal of Imperial and Commonwealth History, 2015 Vol. 43, No. 4, pp. 641–657, http://dx.doi.org/10.1080/03086534.2015.1083232 Legacies of Empire: State Violence and Collective Punishment in Kenya’s North Eastern Province, c. 1963–Present Hannah Whittaker This article reflects on the dual historical evolution of the use of state violence and collec- tive punishment in Kenya, with particular reference to the Somali-inhabited North Eastern Province. The use of collective punishment began under British rule as a strategy designed to control its African population, and was central to British counterinsurgency during the 1950s Mau Mau Emergency. This system of government was then entrenched and expanded by the postcolonial elite as a means of dealing with a population that was perceived to be hostile to the interests of the state. -
Contemporary Security in Africa Journal of the National Defence College, Kenya
Contemporary Security in Africa Journal of the National Defence College, Kenya Volume 5 Number 1 April 2020 Contemporary Security in Africa Journal of the National Defence College, Kenya Volume 5 Number 1 April 2020 National Defence College, Kenya Contemporary Security in Africa Journal of the National Defence College, Kenya Editor Prof. Makumi Mwagiru Editorial Staff Col (Dr) S O Handa Dr O Kamudhayi Lt Col J K Murrey Mr. F. Mabeya Editorial Board Prof. Makumi Mwagiru, Catholic University of Eastern Africa Prof. Stephen Chan, School of African and Oriental Studies, University of London Dr. Joshia Osamba, Egerton University Dr. Jessica Lincoln, King’s College, University of London Dr. Edward Kisiangani, Kenyatta University Contemporary Security in Africa (ISSN 2224-5621) is published twice a year by the National Defence College (Kenya). It is a forum for scholarly work in the areas of National, Regional, International security. It emphasises all issues that impact on security in Kenya and the region. Submission Authors are invited to send article manuscripts of 5000 - 8000 words as email attachments to [email protected] or to the following address: The Editor Contemporary Security in Africa, National Defence College (Kenya), P. O. Box 24381 - 00502, Karen - Nairobi Disclaimer Views and opinions expressed in Contemporary Security in Africa are those of the authors and are not necessarily those of the Ministry of Defence or any other agency of the Kenyan government Contents Articles Rosemary M. Anyona ........................................................................................1 -
Making Peace Under the Mango Tree a Study on the Role of Local Institutions in Conflicts Over Natural Resources in Tana Delta, Kenya
Making peace under the mango tree A study on the role of local institutions in conflicts over natural resources in Tana Delta, Kenya By Joris Cuppen s0613851 Master Thesis Human Geography Globalisation, Migration and Development Supervisor: Marcel Rutten October 2013 Radboud University Nijmegen ii Abstract In this research, conflicts over natural resources in the Tana Delta and the role of local institutions are central, with a special emphasis on the 2012/2013 clashes. In this region, conflicts between the two dominant ethnic groups, the Orma (who are predominantly herders) and the Pokomo (predominantly farmers), are common. Three types of institutions are involved with conflict management and natural resource management, namely the local administration, village elders, and peace committees. As for other regions in Kenya, the authority of elders has diminished in the past decades, whereas the local administration lacks the authority and capacity to govern the region. Therefore, peace committees can play a vital role in conflict management and natural resource management. The main natural resources which are contested in the Tana delta, are water, pasture, and farmland. Although peace committees seem fairly effective with managing cross-communal conflicts and preventing any further escalation, conflict prevention needs further priority. Cross- communal agreements to manage natural resources have been less and less the case, which is one of the main factors causing conflicts. Engagement of communities in making these agreements should be one of the priorities in the post-clashes Tana delta. As for the 2012/2013 clashes, it is likely that outside interference, either prior or during the conflict, has caused the escalation of violence, which has led to the loss of almost 200 human lives, probably because of a favourable outcome of the elections held in March 2013. -
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 .......................................................................................................... -
Transitional Justice in Kenya: How Far Should We Go in Defining the Past?
xxxxxxxxx xxxx KENYA August 2015 TRANSITIONAL JUSTICE IN KENYA: HOW FAR SHOULD WE GO IN DEFINING THE PAST? Transitional Justice in Kenya TRANSITIONAL JUSTICE IN KENYA: How far should we go in defining the past? A brief historical perspective spanning pre-independence, independence and post-independence periods and culminating in the formation of a Truth, Justice and Reconciliation Commission and the entry of the International Criminal Court. Author: Nahashon Kariuki, Coordinator: Research, Learning and Policy Programme, NPI-Africa Editorial Team: Pascal Richard, Miek Teunissen, Zahid Movlazadeh Published and distributed by GPPAC in collaboration with NPI-Africa. © 2015 August 2015 2 Transitional Justice in Kenya Table of contents List of Abbreviations and Acronyms 4 1.0 EXECUTIVE SUMMARY 5 1.1 INTRODUCTION 5 2.0 EUROPEAN SETTLEMENT, LAND ALIENATION, AFRICAN REBELLION AND COLONIAL VIOLENCE (1895-1963) 5 2.1 Colonial violence of 1952 to 1960 and its implications for Transitional Justice in Kenya. 6 3.0 INDEPENDENCE TRANSITION (1963), THE DELIBERATE SILENCE OF THE KENYATTA YEARS (1963-1978) AND THE PILFERING OF MEMORY 7 4.0 THE MOI YEARS (1978-2002), THE ADVENT OF TORTURE, DETENTION AND ETHNIC CLASHES 8 5.0 TRANSITIONAL JUSTICE IN THE KENYAN CONTEXT 9 5.1 The Kibaki years (2002-2013): 2002 democratic transition, the rise of the transitional justice discourse and the Truth, Justice and Reconciliation Commission (TJRC) debate 9 5.2 Establishment of TJRC and the amnesty debate 9 5.3 The troubles surrounding the commission and its performance