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Kenya: “Place of Sharīʿa in the Constitution”
PART THREE KENYA: “PLACE OF SHARĪʿA IN THE CONSTITUTION” Halkano Abdi Wario - 9789004262126 Downloaded from Brill.com09/25/2021 07:52:30AM via free access Map 5 Map of Kenya: Showing principal places referred to in Part Three Halkano Abdi Wario - 9789004262126 Downloaded from Brill.com09/25/2021 07:52:30AM via free access CHAPTER SEVEN DEBATES ON KADHI’S COURTS AND CHRISTIAN-MUSLIM RELATIONS IN ISIOLO TOWN: THEMATIC ISSUES AND EMERGENT TRENDS Halkano Abdi Wario Introduction Since 1992, Kenya has been characterised by demands for new consti- tutional dispensations. It has also seen heightened competing interests emerge in which religion and politicised ethnicity have played a pivotal role in the political game of the day. The same scenario has been replicated at a grass roots level. Elsewhere, as in the Kenyan case, the increased calls for recognition and empowerment of courts applying aspects of sharīʿa almost instantly elicit strong negative responses from Christian communi- ties. One of the contentious issues in the referendum on a draft constitu- tion was the issue of Kadhi’s courts. Should they be empowered, or left to stay as in the current Constitution? The resultant debates are the concern of this chapter. The findings of the research have strong implications for Christian-Muslim relations. The chapter examines how different views evolved in Isiolo, a small Northern Kenyan town. The town has a his- tory of strained Christian-Muslim relations. Contests over resources and ownership of the town feature highly in every new conflict. The chapter explores the role of ethno-religious ascriptions and elite mobilization in the increasing misunderstandings about Kadhi’s courts. -
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. -
Kenya: on the Brink of Disaster
writenet is a network of researchers and writers on human rights, forced migration, ethnic and political conflict WRITENET writenet is the resource base of practical management (uk) e-mail: [email protected] independent analysis KENYA: ON THE BRINK OF DISASTER A Writenet Report by Gérard Prunier commissioned by United Nations High Commissioner for Refugees, Emergency Preparedness and Response Section - EPRS May 2009 Caveat: Writenet papers are prepared mainly on the basis of publicly available information, analysis and comment. The papers are not, and do not purport to be, either exhaustive with regard to conditions in the country surveyed, or conclusive as to the merits of any particular claim to refugee status or asylum. The views expressed in the paper are those of the author and are not necessarily those of Writenet or Practical Management. TABLE OF CONTENTS 1 Introduction........................................................................................1 2 Social and Economic Unrest .............................................................1 3 The Security Situation .......................................................................4 3.1 Border Issues ................................................................................................4 3.2 Internal Security ..........................................................................................5 4 Confrontation Civil Society/Political Establishment......................7 4.1 The Waki Report..........................................................................................7 -
Sbw A.1 – 18.1.2010 Record of Meeting of The
SBW A.1 – 18.1.2010 RECORD OF MEETING OF THE PARLIAMENTARY SELECT COMMITTEE ON CONSTITUTIONAL REVIEW HELD ON MONDAY, 18 TH JANUARY, 2010 AT THE GREAT RIFT VALLEY LODGE, NAIVASHA PRESENT The Hon. Mohamed Abdikadir, MP – Chairman The Hon. Ababu Namwamba, MP; The Hon. Martha Karua, MP; The Hon. Wilfred Ombui, MP; The Hon. Wilfred Ombui, MP; The Hon. Chachu Ganya, MP; The Hon. Mwangi Kiunjuri, MP; The Hon. Danson Mungatana, MP; The Hon. Sophia Abdi Noor, MP; The Hon. (Dr.) Sally Kosgey, MP; The Hon. Amina Abdala, MP; The Hon. Mutula Kilonzo, MP; The Hon. Kambi Kazungu, MP; The Hon. Isaac Ruto, MP; The Hon. James Orengo, MP; The Hon. David Musila, MP; The Hon. Ekwe Ethuro, MP; The Hon. Jeremiah Kioni, MP; The Hon. Millie Odhiambo, MP; The Hon. Musalia Mudavadi, MP; The Hon. Peter Munya, MP; The Hon. Moses Wetangula, MP; The Hon. Charity Ngilu, MP; The Hon. Uhuru Kenyatta, MP; The Hon. J. Nkaisserry, MP; The Hon. W. Samoei Rutto, MP; The Hon. Beth Mugo, MP; ABSENT WITH APOLOGY The Hon. Najib Balala, MP; IN ATTENDANCE NATIONAL ASSEMBLY Mr. Patrick Gichohi - Clerk of the National Assembly Mrs. Consolata Munga - Deputy Director, Committee Services Mr. Jeremiah Nyengenye - Principal Legal Counsel Mr. Paul K. Ngentich - Senior Research Officer Mr. Jeremiah Ndombi - Senior Legal Counsel Mr. Stephen Njenga - First Clerk Assistant Ms. Eunice Gichangi - Senior Legal Counsel Mr. Michael Karuru - Legal Counsel Ms. Mary Mwathi - Hansard Reporter Mr. Said Waldea - Hansard Report Mr. Zakayo Mogere - Second Clerk Assistant Mr. Samuel Njoroge - Second Clerk Assistant Ms. Rose Mudibo - Public Relations Officer (Prayers) (The meeting convened at 9.30 p.m.) The Clerk of the National Assembly (Mr. -
The Kenya General Election
AAFFRRIICCAA NNOOTTEESS Number 14 January 2003 The Kenya General Election: senior ministerial positions from 1963 to 1991; new Minister December 27, 2002 of Education George Saitoti and Foreign Minister Kalonzo Musyoka are also experienced hands; and the new David Throup administration includes several able technocrats who have held “shadow ministerial positions.” The new government will be The Kenya African National Union (KANU), which has ruled more self-confident and less suspicious of the United States Kenya since independence in December 1963, suffered a than was the Moi regime. Several members know the United disastrous defeat in the country’s general election on December States well, and most of them recognize the crucial role that it 27, 2002, winning less than one-third of the seats in the new has played in sustaining both opposition political parties and National Assembly. The National Alliance Rainbow Coalition Kenyan civil society over the last decade. (NARC), which brought together the former ethnically based opposition parties with dissidents from KANU only in The new Kibaki government will be as reliable an ally of the October, emerged with a secure overall majority, winning no United States in the war against terrorism as President Moi’s, fewer than 126 seats, while the former ruling party won only and a more active and constructive partner in NEPAD and 63. Mwai Kibaki, leader of the Democratic Party (DP) and of bilateral economic discussions. It will continue the former the NARC opposition coalition, was sworn in as Kenya’s third government’s valuable mediating role in the Sudanese peace president on December 30. -
Parliament of Kenya the Senate
February 11, 2016 SENATE DEBATES 1 PARLIAMENT OF KENYA THE SENATE THE HANSARD Thursday, 11th February, 2016 The House met at the Senate Chambers, Parliament Building, at 2.30 p.m. [The Speaker (Hon. Ethuro) in the Chair] PRAYERS PAPERS LAID Sen. Mutula Kilonzo Jnr: Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday 11th February, 2016:- ANNUAL REPORT ON THE STATE OF THE JUDICIARY Annual Report on the State of the Judiciary and Administration of Justice 2013/2014. END OF TERM REPORT BY THE CIC The end of term report by the Commission for the Implementation of the Constitution (Sen. Mutula Kilonzo Jnr. laid the documents on the Table) The Speaker (Hon. Ethuro): Let us move on to the next Order. (Sen. Mositet stood up in his place) Order, Sen. Mositet! You should have indicated interest much earlier. Proceed. Sen. Mositet: Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday 11th February, 2016:- Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate February 11, 2016 SENATE DEBATES 2 CRA RECOMMENDATIONS ON THE REVENUE SHARING FORMULA FOR THE 2017/2017 FINANCIAL YEAR Commission on Revenue Allocation Recommendation on the Sharing of Revenue raised nationally between the national and county governments for the Financial Year 2016/2017. COUNTY BUDGET IMPLEMENTATION REVIEW REPORT County Budget Implementation Review Report – First Quarter of the year 2015/2016. -
1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution James T
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2011 Kenya’s Long Anti-Corruption Agenda: 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution James T. Gathii Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the International Law Commons Recommended Citation James T. Gathii, Kenya’s Long Anti-Corruption Agenda: 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution, 4 L. & Dev. Rev. 182 (2011) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Kenya’s Long Anti-Corruption Agenda - 1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission Under the 2010 Constitution James Thuo Gathii Associate Dean for Research and Scholarship and Governor George E. Pataki Professor of International Commercial Law, Albany Law School ([email protected]) Draft November 27, 2010 1 Table of Contents Introduction ................................................................................................................................................... 3 Part I: Initial Steps in the Fight against Corruption ...................................................................................... 6 -
Macro Report Comparative Study of Electoral Systems Module 4: Macro Report September 10, 2012
Comparative Study of Electoral Systems 1 Module 4: Macro Report Comparative Study of Electoral Systems Module 4: Macro Report September 10, 2012 Country: Kenya Date of Election: 4 March 2013 Prepared by: Matthias Krönke, Abel Oyuke and Robert Mattes Date of Preparation: 23 November 2016 NOTES TO COLLABORATORS: . The information provided in this report contributes to an important part of the CSES project. The information may be filled out by yourself, or by an expert or experts of your choice. Your efforts in providing these data are greatly appreciated! Any supplementary documents that you can provide (e.g., electoral legislation, party manifestos, electoral commission reports, media reports) are also appreciated, and may be made available on the CSES website. Answers should be as of the date of the election being studied. Where brackets [ ] appear, collaborators should answer by placing an “X” within the appropriate bracket or brackets. For example: [X] . If more space is needed to answer any question, please lengthen the document as necessary. Data Pertinent to the Election at which the Module was Administered 1a. Type of Election [] Parliamentary/Legislative [X] Parliamentary/Legislative and Presidential [ ] Presidential [ ] Other; please specify: __________ 1b. If the type of election in Question 1a included Parliamentary/Legislative, was the election for the Upper House, Lower House, or both? [ ] Upper House [ ] Lower House [X] Both [ ] Other; please specify: __________ Comparative Study of Electoral Systems 2 Module 4: Macro Report 2a. What was the party of the president prior to the most recent election, regardless of whether the election was presidential? Party of National Unity and Allies (National Rainbow Coalition) 2b. -
Friday, 22Nd May, 2020
May 22, 2020 SENATE DEBATES 1 PARLIAMENT OF KENYA THE SENATE THE HANSARD Friday, 22nd May, 2020 Special Sitting (Convened via Kenya Gazette Notice No.3649 of 20th May, 2020) The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m. [The Speaker (Hon. Lusaka) in the Chair] PRAYER COMMUNICATION FROM THE CHAIR CONVENING OF SPECIAL SITTING TO CONSIDER MOTION ON PROPOSED REMOVAL OF SEN. (PROF.) KINDIKI FROM OFFICE OF DEPUTY SPEAKER, SENATE The Speaker (Hon. Lusaka): Hon. Senators, you will recall that during the Afternoon Sitting of the Senate held on Tuesday, 19th May 2020, the Senate Majority Whip, Sen. Irungu Kang’ata, MP, gave a Notice of Motion for the removal of Sen. (Prof.) Kithure Kindiki, MP, from the Office of the Deputy Speaker of the Senate. Subsequently, by a letter dated 19th May 2020, the Senate Majority Leader requested the Speaker to convene a Special Sitting of the Senate pursuant to Standing Order 30(1), to consider the Motion filed by the Senate Majority Whip for the removal of Sen. (Prof.) Kithure Kindiki, MP, from the Office of the Deputy Speaker of the Senate. The request by the Senate Majority Leader, was supported by the requisite number of Senators (15 Senators) as required by Standing Order 30 (1). Hon. Senators, following consideration of the request by the Senate Majority Leader, I was satisfied that the request met the requirements of Standing Order 30 (2). Accordingly, and pursuant to Standing Order 30 (3), I issued a Gazette Notice No.3649 of 20th May 2020 in respect of this Special Sitting, which was circulated to all Hon. -
2020 Parliament 9B
Legislating in a Pandemic: THE Parliamentary Scorecard WHAT IS YOUR ROLE ROLE OF THE MEMBER AS A CITIZEN? OF PARLIAMENT Since Members of Parliament work by the power The Constitution provides thve following to be of the citizens, Kenyans have a responsibility to the job of your Member of Parliament: ensure MPs fulfill their duty. Kenyans can: 1. Represent you and fellow Kenyans, including 1. Ask for information from MPs; special groups, in the constituencies; 2. Contribute your experience, ideas and views 2. Discuss issues that concern you; during the lawmaking and budget making processes; 3. Make national laws; 3. Using your right to recall, you can initiate a 4. Discuss about tax payers money and decide process to fire your Member of Parliament for how much the national and county non-performance or failing to obey the government, including state organs will get; Constitution; 5. Keenly monitor the President and Deputy 4. Go to court and challenge decisions made in President and other state officials and Parliament, if such decisions are not aligned ensure that they respect and implement the to the Constitution; Constitution; 5. Petition Parliament to revise, remove or 6. Start a process of removing the President, develop any law for the best interest of your Deputy President and other state organs community; from office if they fail to respect the Constitution; 6. Take an interest in how your Member of Parliament is spending the National 7. Checks on how the Cabinet and Ministries Government Constituencies Development spend money and ensure our money is Fund and the National Government spent properly Affirmative Action Development Fund. -
Second Session the Senate Votes A
Twelfth Parliament Second Session (No. 040) (399) REPUBLIC OF KENYA TWELFTH PARLIAMENT – SECOND SESSION THE SENATE VOTES AND PROCEEDINGS THURSDAY, JUNE 21, 2018 AT 2.30 P.M. 1. The Senate assembled at thirty minutes past Two O’clock. 2. The Proceedings were opened with prayer said by the Speaker. 3. COMMUNICATION FROM THE CHAIR The Speaker issued the following communication from the Chair:- Visiting Students from various schools in Makueni County “Honourable Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Kitundu/Kithungo Division, Mbooni Constituency in Makueni County.The students comprise the top performers in the 2017 KCPE examination, as well as the best performing 2018 class eight pupils from the Division. On behalf of the Senate and on my own behalf, I welcome you to the Senate and wish you well for the remainder of your stay. I thank you.” 4. MESSAGES The Speaker conveyed the following Messages from the National Assembly:- a) Message on approval, by the National Assembly, on the County Allocation of Revenue Bill (Senate Bill No. 11 of 2018) “Hon. Senators,I wish to report to the Senate that, pursuant to Standing Order 41 (3) and (4), I received the following message from the Speaker of the National Assembly regarding the approval of the County Allocation of Revenue Bill (Senate Bills No. 11 of 2018)- (No. 040) THURSDAY, JUNE 21, 2018 (400) “WHEREAS, the County Allocation of Revenue Bill (Senate Bills No. 11 of 2018) was published vide Kenya Gazette Supplement No. -
Report of the Task Force on the Establishment of a Truth, Justice and Reconciliation
Republic of Kenya Report of the Task Force on the Establishment of a Truth, Justice and Reconciliation Commission Chairperson Prof. Makau Mutua Presented to Hon. Kiraitu Murungi The Minister for Justice and Constitutional Affairs August 26, 2003 PRINTED BY THE GOVERNMENT PRINTER, NAIROBI 1 Report of the Task Force on the Establishment of a Truth, Justice and Reconciliation Commission 2 Table of Contents Acknowledgements ---------------------------------------------------------------------------------------------------- iii Introduction-------------------------------------------------------------------------------------------------------------- vii CHAPTER 1: OVERVIEW ---------------------------------------------------------------------------------------------- 1 Section 1. Executive Summary ------------------------------------------------------------------------------- 1 Section 2. Terms of Reference-------------------------------------------------------------------------------- 3 Section 3. Process and Methodology----------------------------------------------------------------------- 4 Section 4. Recommendations --------------------------------------------------------------------------------- 7 CHAPTER 2. TRUTH COMMISSION AND TRANSITIONAL JUSTICE ------------------------------------ 9 Section 5. Why Kenya Needs a Truth Commission ---------------------------------------------------- 9 Political History and Governance in Kenya------------------------------------------------------------ 9 Human Rights Deficit --------------------------------------------------------------------------------------11