Strathmore Law Review
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Violent Extremism in the Northern Frontier Counties of Kenya: Exploring Human Security as a Sustainable Countering Strategy
Get PDFThe contemporary rise of terrorism as a form of violent extremism has led the government to adopt a narrow state-centric security approach to mitigate these threats. Violent extremism compromises peace, security, and communal cohesion, and often thrives on human security deficits such as marginalisation and disenfranchisement from the decision-making processes. The prominence of a state-centric security approach has overshadowed the human security dimension of countering violent extremism, thereby compromising state-society relations. On the contrary, a human security approach which entails freedom from fear and freedom from want, is viewed as a holistic approach to security that secures both the state and society. Less debated, however, is the relationship between countering violent extremism and societal marginalisation as viewed through the lens of human security. This paper argues that the narrow state-centric approach adopted by the Kenyan government in the Northern Frontier Counties has continually marginalised the community living in these counties and is proving unsustainable in countering violent extremism. As a point of departure from this approach, a more human security centred approach is suggested which is likely to be more sustainable in countering violent extremism and more successful in reversing the trend of marginalisation that has arisen from the narrow state-centric approach
Finding a Legal Balance between the Right to Strike and Right to Education in Kenya
Get PDFThe teachers’ right to strike and the children’s right to education are both essential rights recognised by national and international laws in Kenya. Despite this fact, there are instances where conflicts arise between these two rights. The courts have a mandate to balance competing human rights in instances of conflict. However, whenever there has been a conflict between the two rights, Kenyan courts have issued injunctions that require public-school teachers to suspend their strike. By doing so, the courts are leaving the teachers with no effective alternative mechanism to address their pertinent needs. The question of how a balance between the teachers’ right to strike and the children’s right to education in Kenya can be attained is thus an essential concern that is at the focal point of this paper. In a bid to address this question, Kenya’s Constitution, Children’s Act, Labour Relations Act, and case law from the Court of Appeal; namely, TSC v KNUT & 3 others, are analysed to reveal Kenya’s position on the two rights and the various balancing approaches available
Implementation of East African Community Law by Partner States: A review of relevant laws
Get PDFOn 30 November 1999, the Heads of State of the East African Community met in Arusha, Tanzania, and concluded the Treaty for the establishment of the East African Community. The Treaty came into force on 7 July 2000. The founding members of this Community were Kenya, Uganda, and Tanzania. Rwanda and Burundi acceded to the Treaty in 2007 while South Sudan acceded to the Treaty in 2016. While the treaty has the potential of promoting unity among the partner states, this is threatened by the fact that it fails to address how Partner States should implement it. A critical analysis of the jurisprudence from the East African Court of Justice and those of the Court of Justice of the European Union shows that community law is an autonomous legal order in which Partner States have accepted to cede part of their sovereignty to the community. Therefore, community law, unlike international law which houses it, has primacy over the municipal law of the Partner States, notwithstanding their constitutional philosophies. This paper seeks to examine how East African Community Law is implemented by partner states by reviewing the EAC Treaty, the decisions of the East African Court of Justice and the municipal laws of partner states. Decisions of the Court of Justice of the European Union on the implementation of European Union Law by Partner States of the European Union are discussed as lessons to be learnt in the East African Community
Examining the Reporting Mechanism for Sexual Harassment at the Workplace : A Focus on Section 6 of the Kenyan Employment Act
Get PDFSexual harassment in the workplace refers to any unwanted sexual request or advances by employers or colleagues. It is prevalent in the Kenyan context. Despite this, many cases of sexual harassment go unreported. This article looks at the factors affecting the reluctance to report sexual harassment in relation to the structure of the reporting mechanism under the Kenyan Employment Act. It is suggested that there exists a nexus between these factors and the structure of the reporting mechanism. This article is informed by the dominance feminism theory which identifies dominance as the basis for sexual harassment. To improve reporting, this article recommends increasing reporting avenues by including a commission and promoting training of employees on sexual harassment. With the exception of case law and statute, much of the information gathered has been sourced from books, papers, case law and published journals
Do Constitutions Matter? The Dilemma of a Radical Lawyer
Get PDFConstitutions do not make revolutions. Revolutions make constitutions. No constitution envisages its own death for that is what a revolution entail. But constitutions matter. Some of the finest constitutions have been erected on ugly socio-economic formations wrought with extreme inequalities and inequities. South Africa and Kenya are examples. But constitutions do matter. Constitutions rarely herald fundamental transformations. They are the product of major transformations to consolidate the new status quo. Yet constitutions do matter. Why do constitutions matter? Why do we need constitutions? Why does every revolution and major change in modern societies birth new constitutions
In Defence of the Homeland: Unclogging the Legal Regime Governing Counterterrorism in Nigeria through Paradigms from the United States
Get PDFTerrorism is perhaps the greatest global security challenge post-World War II and, like several countries, Nigeria is also grappling with this scourge. The remarkable thing is that following pressure from the United States (US) and Western nations, Nigeria took a major step towards counterterrorism with the enactment of the Terrorism (Prevention) Act, 2011. The Act was later replaced by the Terrorism Prevention (Amendment) Act, 2013. Certainly, so far, this legislation remains the nation’s boldest effort in combatting terrorism. However, the Nigerian counterterrorism legal regime still falls short in some material respect, given the absence of a robust strategy and complementary institutional support system. This is not the same case in a country such as the US, where the principal counterterrorism legislation, the Patriot Act, is well complemented by the US National Counterterrorism Strategy and the Department of Homeland Security.
Against this background, this Article examines the legal regime governing counterterrorism in Nigeria and the US, with the view of highlighting areas where Nigeria could gain useful insights from the US experience. The expectation is that given the robustness of the US counterterrorism regime, the experience to be gained cannot but further enrich the existing counterterrorism legal regime in Nigeria
‘Constitution-making from the middle’: Notes for Opening Remarks by the Rt Hon Patricia Scotland QC, Secretary-General of the Commonwealth
Get PDFToday, Kenyans mark a great milestone - the 10th Anniversary of the Constitution of Kenya, 2010. The people of Kenya celebrate the Constitution because it is progressive, autochthonous and more importantly, it is about justice. Any good law is about justice, and for justice