Journal articles on the topic 'Judiciary Kenya'
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1
Kashindi, George, and Hannah Wamuyu. "Civil court staff in Kenya: working conditions and legal training for an effective procedure." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, no. 1 (2019): 30–42. http://dx.doi.org/10.5771/2363-6262-2019-1-30.
Abstract:
Courts are very important because their pronouncements become part of the law in light of the provisions of section 3 of the Judicature Act, 1967. Therefore, the process of making judicial determinations on issues before courts must be treated with the necessary efficiency. Delivery of justice involves both judicial and administrative work. That is to say, for expediency in the administration of justice to be met, there is a need for other administrative functions which cannot be done by the judges. Therefore, the role of judicial staff in case management is critical in the functioning of the judiciary. Though the Judiciary has come up with different initiatives to build capacity for judicial staff, the initiatives including the approval of the Judiciary Human Resources Policies and Procedure Manual 2014, continue to exist amidst serious training and human practice challenges on motivation, security, and adequacy of facilities. This paper discusses the initiatives that the Judiciary has put in place to attract and maintain the best human resource capital. It proposes that strategic investment in information and communication technology will help overcome the challenges as the Judiciary moves towards its identified strategic direction of quality judicial service.
2
Gichuki, Naomi. "Rule Of Law In Africa: The Role Of The Media In Civil Roceedings In Kenya." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, no. 1 (2019): 43–49. http://dx.doi.org/10.5771/2363-6262-2019-1-43.
Abstract:
This article looks into the role of media and the public in civil proceedings in Kenya. The introductory component will address the concept of rule of law and its relevance to judicial independence and separation of powers. The second section of the article involves a critical analysis of the responsibility of the media as a check on government activities in its capacity as a pillar of society more commonly referred to as the ‘fourth estate.’ The role of the judiciary in a democratic society cannot be overlooked or undermined. For this reason, the article examines justice, society and media against the backdrop of a right to information, non-interference with judicial autonomy and access to justice. Pertinent challenges in the interplay of these three factors are discussed, followed by recommendations which propose effective channels through which the interaction between the public, media and judiciary in Kenya can become more meaningful.
3
O Mbori, Harrison. "Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016." Strathmore Law Journal 3, no. 1 (August 1, 2017): 89–112. http://dx.doi.org/10.52907/slj.v3i1.33.
Abstract:
Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.
4
Miyawa, Maxwel. "Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis by James Thuo Gathii." Strathmore Law Review 3, no. 1 (June 1, 2018): 99–106. http://dx.doi.org/10.52907/slr.v3i1.105.
Abstract:
There has been an increasing number of written works deconstructing various transformative values underpinned by the Constitution of Kenya. One of these transformative values is the concept of constitutional supremacy which, arguably, has not received nuanced theoretical attention in Kenya’s constitutional law scholarship. Gathii theorises the unexplored, yet controversial question of judicial empowerment and its centrality in anchoring constitutional supremacy in the post-2010 politico-constitutional order. He provides a well-researched exploratory analysis of the functional, institutional and normative fledgling nature of the Judiciary of Kenya. He does this through an analytical filter that investigates the prominent role that judicial expansion has played in promoting constitutional supremacy and the principle of legality.
5
Okiri, Felix O., Lynn Waithera Ngugi, and James Opiyo Wandayi. "Strengthening Integrity & Preventing Corruption in the Judiciary in Kenya." Beijing Law Review 10, no. 01 (2019): 131–52. http://dx.doi.org/10.4236/blr.2019.101008.
6
Bosire, Jared K., and Michael Wamache. "ASSESSING INFORMATION COMMUNICATION TECHNOLOGY AS A STRATEGIC TOOL IN THE DELIVERY OF JUDICIAL SERVICES." European Journal of Technology 1, no. 1 (January 21, 2017): 18. http://dx.doi.org/10.47672/ejt.117.
Abstract:
Purpose: The purpose of the study was to assess the information communication technology as a strategic tool in the delivery of judicial services.Methodology: The study adopted a descriptive case study design. The population of the study was staff drawn from various departments of the judiciary. The sample of 59 was selected using a stratified sampling technique. The data collection tool was questionnaire. The data was analyzed using descriptive statistics such as means, frequencies and percentages. In addition, SPSS was used to conduct factor analysis.Results: Results indicate that the factors that affect the strategic adoption of ICT in the judiciary had a positive relationship with the adoption of ICT. The findings indicated that the judiciaries in Kenya face low adoption of ICT.Unique contribution to theory, practice and policy: Following the study results, the judiciary was recommended to introduce induction training in basic computer packages. The judiciary was also recommended to change the attitudes and perception of staff towards technological factors which include the perceived relative advantage of ICT, compatibility of ICT, complexity of ICT, Triability of ICT, and observability of ICT. It was also recommended that the organization should have adequate resources so as to enhance smooth adoption of ICT. The judiciary was also recommended to try and incorporate young people in the system as they tend to embrace ICT as compared to older managers, employ qualified personnel who are enthusiasts, pragmatists and artisans.
7
Osewe, Joseph Ouma, and Jarso Yusuf Gindicha. "Effect of Training and Development on Employee Satisfaction: A Case of the Judiciary of Kenya." European Journal of Humanities and Social Sciences 1, no. 3 (June 25, 2021): 661–67. http://dx.doi.org/10.24018/ejsocial.2021.1.3.50.
Abstract:
Abstract -The study aimed determining the relationship between training and development and employee job satisfaction in the Judiciary of Kenya. The research used explanatory cross-sectional survey design. The research population consisted of 5,419 judicial officers and staff. Structured questionnaires containing closed-ended questions were sent to all employees via their e-mails. 2,684 employees representing 50% of the population returned filled questionnaires. Statistically this was large enough to render the results permissible and acceptable as a representation of the entire population. This method was preferred because of the large number of subjects, cost, time, and the nature of the topic. The results indicated that training and development has positive correlation with employee satisfaction. Further, training need, training relevance, training work related, and number of trainings are positively correlated to employee satisfaction by 0.705, 0.835, 0.817 and 0.514 respectively. The study shows that training and development could contribute to increase in employee satisfaction.
8
Beatrice, M W., and W. Paul. "Employee involvement in performance appraisal and performance of judiciary Nyeri County, Kenya." International Journal of Business Management and Social Research 7, no. 2 (2020): 421–26. http://dx.doi.org/10.18801/ijbmsr.070220.44.
9
Osogo Ambani, John, and Ochieng Ahaya. "Wretched African Traditionalists in Kenya: The Challenges and Prospects of Customary Law in the New Constitutional Era." Strathmore Law Journal 1, no. 1 (June 1, 2015): 41–58. http://dx.doi.org/10.52907/slj.v1i1.4.
Abstract:
The modern African judge will be the first to acknowledge that, in many senses, the problems faced by British judges in colonial Africa have not vanished. Almost one hundred percent of the African judiciary is now African. But even though there is no longer the gross disparity of national origin between a judge and his community, a judge often does not come from the particular locality whose ethnic law he is administering. A part from this ethnic question, there is an enormous educational and cultural gap between a senior judge with a western education and the ordinary families he may deal with. Thus, the judicial system may have moved from a problem of race and ethnicity to one of class.
10
Kibet, Emmanuel, and Kimberly Wangeci. "Perspective on the Doctrine of the Separation of Powers Based on the Response to Court Orders in Kenya." Strathmore Law Review 1, no. 1 (January 1, 2016): 220–35. http://dx.doi.org/10.52907/slr.v1i1.90.
Abstract:
The Constitution of Kenya provides that the sovereign power of the people shall be vested in the executive, the legislature and the judiciary, reflecting the democratic ideal that if power is concentrated in the hands of a few, it is prone to misuse. This provision aims to safeguard against arbitrary and capricious governance and the abuse of power. In the new constitutional order, there has been instances of tensions between the judiciary and the other arms of government. Unfortunate incidents of members of the Legislature referring to court orders as stupid and idiotic with blatant disregard for court orders have been witnessed. In a government whose legitimacy is vindicated by a court, it is ironical to observe a selective attitude towards respecting subsequent court orders. This paper aims to consider the disregard of court orders against the backdrop of the separation of powers and other relevant principles of constitutionalism.
11
Masinde, Michael Wabomba. "Separation of power in Kenya: analysis of the relations between judiciary and the executive." International Journal of Human Rights and Constitutional Studies 5, no. 1 (2017): 32. http://dx.doi.org/10.1504/ijhrcs.2017.082689.
12
Masinde, Michael Wabomba. "Separation of power in Kenya: analysis of the relations between judiciary and the executive." International Journal of Human Rights and Constitutional Studies 5, no. 1 (2017): 32. http://dx.doi.org/10.1504/ijhrcs.2017.10003662.
13
Kabira, Hellen N., and Robert O. Oboko. "A Public Key Infrastructure Model for Verification of Court Documents: The Judiciary of Kenya." International Journal of Computer Applications 183, no. 20 (August 18, 2021): 46–50. http://dx.doi.org/10.5120/ijca2021921567.
14
Ojwang, J. B., and J. A. Otieno-Odek. "The Judiciary in Sensitive Areas of Public Law: Emerging Approaches to Human Rights Litigation in Kenya." Netherlands International Law Review 35, no. 01 (May 1988): 29. http://dx.doi.org/10.1017/s0165070x00007464.
15
Thuo, Luciana. "Implementation of Political Participation Standards for Persons with Intellectual Disabilities in Kenya." Strathmore Law Journal 2, no. 1 (August 1, 2016): 97–131. http://dx.doi.org/10.52907/slj.v2i1.17.
Abstract:
This paper reviews international standards on political participation by persons with intellectual disabilities and how they are implemented in Kenya. On one hand, Article 25 of the International Covenant on Civil and Political Rights(ICCPR) allows limitation of rights based on ‘reasonable and objective’ criteria. Whereas it is considered unreasonable to restrict participation rights of persons with physical disabilities, General Comment 25 to the ICCPR permits restrictions based on ‘established mental incapacity’. On the other hand, the Convention on the Rights of Persons with Disabilities (CRPD) does not foresee any limitation of participation rights; rather it recognises the freedom of persons with disabilities to be involved in decision-making, including the right to vote and hold public office. Kenya is a party to both instruments, having acceded to the ICCPR in 1972 and ratified the CRPD in 2008. Kenya’s law does not deprive persons with intellectual disabilities of legal capacity. In fact, Article 54(2) of the Constitution of Kenya (2010 Constitution)seeks to increase participation of persons with disabilities in decision making and public life by providing, inter alia, for the progressive inclusion of persons with disabilities in at least five percent of all elective and nominated positions. Whereas Kenya’s law allows for limited guardianship, it is the informal guardianship created by the family, on whom persons with intellectual disabilities are dependent for support, which poses the greatest barrier to the exercise of participation rights. This informal guardianship, combined with negative societal attitudes and ignorance at all levels including the Judiciary, the electoral management body (the Independent Electoral and Boundaries Commission (IEBC)) and even the wider disability movement, makes political participation rights for persons with intellectual disabilities illusory. If the situation of persons with intellectual disabilities is not addressed, only persons with physical and sensory disabilities will be able to take up the affirmative action measure created by Article 54(2) of the 2010 Constitution.
16
Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2450.
Abstract:
The last issue of 2013 consists of fourteen contributions dealing with a potpourri of topics. The first two articles are both by the same author. In the first one, André Louw addresses the recent, sometimes deplorable conduct of intellectual property (or IP) lawyers, and in the second one, André Louw explores the proper role and meaning of good faith (or bona fides) in contract law, and the approach of our courts to the application of this principle in individual cases involving claims of unfairness and the like. The third article, by Rufaro Mavunga, critically assesses the Minimum Age Convention 138 of 1973 and the Worst Forms of Child Labour Convention 182 of 1999. Nicholas Orago, in the fourth article, discusses socio-economic rights in Kenya and proposes that if the entrenched socio-economic rights are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of socio-economic rights disputes. The fifth article, by Oliver Fuo, explores and critically investigates the relevance and potential of integrated development planning in contributing towards the achievement of social justice in South Africa. Next, Michaela Young discusses the fate of informal fishers in the context of the Policy for the Small-Scale Fisheries Sector in South Africa. The second-last article, by Hermanus van der Merwe, provides a historical and teleological overview of the crime of direct and public incitement to commit genocide under international law, as well as the definitional elements thereof as interpreted and applied by the International Criminal Tribunal for Rwanda, before he continues to examine it in contemporary South African law. The last article, by Chuma Himonga, Max Taylor and Anne Pope, explores the scope and content of the ever elusive concept of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape.
17
Mavedzenge, Justice Alfred. "Revisiting the role of the judiciary in enforcing the state’s duty to provide access to the minimum core content of socio-economic rights in South Africa and Kenya." Journal of Comparative Law in Africa 7, no. 2 (2020): 60–89. http://dx.doi.org/10.47348/jcla/v7/i2a3.
Abstract:
Although the realisation of the full scope of each socio-economic right is meant to be achieved progressively, Kenya and South Africa have an international obligation to immediately provide vulnerable persons with access to the minimum core of each of these rights. As revealed (again) by the COVID-19 pandemic, the two states are in violation of this obligation as millions of people in both countries are living in abject poverty, without access to the bare necessities. Attempts to enforce the government’s minimum core obligations have failed at least three times in South Africa, and the Court of Appeal in Kenya has hesitated to enforce these obligations. Relying on the doctrinal review of jurisprudence from both countries and international law, this article proposes that, in order to enforce the minimum core obligations without violating the separation of powers doctrine, the judiciary must be perceived to have a primary role and a secondary role. The primary role of the court must be to enforce meaningful engagement between the state and the rights bearers in determining the quantitative aspects of the minimum core content of each right. Once the state has developed this core content, the court can review its reasonableness by measuring it against the qualitative minimum standards imposed by the right. In circumstances of urgent need, where the state has failed to develop a reasonable quantitative minimum core content and rights bearers are in danger of suffering irreparable harm, the court should invoke its secondary role which entails setting the quantitative minimum core content to be provided by the state as a temporary measure.
18
Kabata, Victor, and Francis Garaba. "Leadership and political will for implementation of the access to information (ATI) Act (2016) in Kenya." Records Management Journal 29, no. 1/2 (March 11, 2019): 117–33. http://dx.doi.org/10.1108/rmj-09-2018-0034.
Abstract:
PurposeThe purpose of this paper is to demonstrate the importance of leadership and political will towards successful implementation of an access to information (ATI) legislation.Design/methodology/approachThe paper adopted a mixed methods approach with a bias towards a quantitative survey, complemented by a qualitative follow-up and triangulation during data collection. A complement of theoretical models underpinned the paper, thus enhancing understanding of the multifaceted phenomenon of ATI.FindingsThe paper revealed that the state has demonstrated leadership and political will for ATI by developing government-wide records management manual for public entities; developing an ATI implementation action plan and availing resources for ATI. However, there is need to review laws that perpetuate secrecy; formulate regulations to operationalize the Act and allocate adequate finances for ATI activities.Research limitations/implicationsThe paper focused on assessing the extent of leadership and political will on the executive arm of the government excluding the Judiciary and the legislature.Practical implicationsThe paper proposes an ATI implementation roadmap, which can be adopted by other countries with comparable contexts.Social implicationsThe proposed action plan if adopted will result in an informed citizenry that understands and leverages ATI to claim their socio-economic rights.Originality/valueThe paper provides empirical evidence on some aspects of leadership such as the ministries with ATI policy; level of engagement of policy-makers in ATI matters and the availability of resources for ATI. Further, the paper adopted a multidisciplinary approach by including the concept of ‘meaningful engagement’ whose theoretical foundation is in law to the concept of access to information.
19
Coldham, Simon. "Customary Marriage and The Urban Local Courts in Zambia." Journal of African Law 34, no. 1 (1990): 67–75. http://dx.doi.org/10.1017/s0021855300008202.
Abstract:
The local courts of Zambia are the successors to the native courts which the British set up in Northern Rhodesia, as elsewhere in colonial Africa, to administer justice to Africans. However, while the system of native courts originally existed in parallel with the system of English-style magistrates' courts, after independence the native courts (re-named local courts) were integrated into the judicial system, with appeals lying to subordinate courts (i.e. magistrates' courts) of the first or second class. Although it was the ultimate goal of the government to have a fully professionalised judiciary (a policy adopted by Kenya in 1967), it recognised that the local courts still had an important role to play in the administration of justice, particularly in the rural areas. Twenty years later it looks as if their future is secure. If the amount of business transacted by the local courts and the paucity of appeals from their decisions provide an indication of their popularity and effectiveness, they would seem to have proved their worth.Like their predecessors, the local courts have a limited criminal jurisdiction, but the bulk of their business is civil. They have jurisdiction in most civil matters where the claim does not exceed 200 kwacha. Some of these cases are actions for the recovery of a debt, actions for assault or actions for defamation of character (most frequently, accusations of witchcraft), but the majority of the cases could be broadly categorised as “family” cases, including divorce, adultery, seduction and inheritance claims.
20
Sylister, Magdalena, and Balingene Kahombo. "Summary Report of the International Conference on Requirements for an Independent and Effective Judiciary in Nairobi (Kenya) from 11 to 14 February 2016." Recht in Afrika 19, no. 1 (2016): 102–11. http://dx.doi.org/10.5771/2363-6270-2016-1-102.
21
Sang, Brian. "Tending Towards Greater Eco-Protection in Kenya: Public Interest Environmental Litigation and Its Prospects Within the New Constitutional Order." Journal of African Law 57, no. 1 (January 28, 2013): 29–56. http://dx.doi.org/10.1017/s0021855312000150.
Abstract:
AbstractKenya's 2010 Constitution has inaugurated into the Kenyan legal framework, among other things, express constitutional recognition of the right to a clean and healthy environment. The constitutionalization of this right and the establishment of liberal provisions for the institution of judicial proceedings in the event of its infraction bear significant implications for public enforcement of environmental rights in Kenya. Hitherto, this was based on the restrictive interpretation of locus standi premised on the principles of common law. This article focuses primarily on public interest environmental litigation in Kenya. It analyses judicial treatment of public interest action for environmental claims in the past and proffers some insights on the prospects for such action under Kenya's new constitutional order. It argues that, with the provision of an explicit and permissive constitutional basis for public interest environmental litigation, it is reasonable to conclude that Kenya is tending towards greater eco-protection.
22
Sylister, Magdalena. "Report of the Fourth Regional Conference of the Konrad-Adenauer-Foundation on the Requirements for an Independent and Effective Judiciary in Central and Eastern Africa (Nairobi, Kenya, 1 to 4 September 2016)." Recht in Afrika 19, no. 2 (2016): 238–44. http://dx.doi.org/10.5771/2363-6270-2016-2-238.
23
Maseh, Elsebah, and Shadrack Katuu. "The Kenyan Judiciary’s Open Government Initiative: prospects and challenges." Journal of Science and Technology Policy Management 8, no. 1 (March 13, 2017): 76–94. http://dx.doi.org/10.1108/jstpm-04-2016-0007.
Abstract:
Purpose This paper is based on an empirical study undertaken between April 2014 to December 2014 that aims to investigate the Open Government Initiative in the Kenyan Judiciary and its contribution to Judiciary transformation for enhanced justice delivery. Design/methodology/approach The paper draws from both literature and data collected from representative professionals in the Kenyan Judiciary through interviews and questionnaires. Findings The findings indicated that the Kenyan Judiciary was at its initial stages of implementing its Open Government Initiative, and several strategies for the implementation were identified. Further, the findings revealed the benefits of opening up the Judiciary for public participation which pointed toward an improved justice delivery. Originality/value This paper presents findings of the investigation of Open Government Initiative in the Kenyan Judiciary as a contributory factor to the then on-going Judiciary transformation aimed at enhanced justice delivery. The paper provides a nexus between open government and records management and demonstrates the importance of sound records management for successful Open Government Initiative.
24
Mutiso, Benedeta. "Getting to Equal: Resolving the Judicial Impasse on the Weight of Non-Monetary Contribution in Kenya's Marital Asset Division." Michigan Journal of Gender & Law, no. 26.1 (2019): 121. http://dx.doi.org/10.36641/mjgl.26.1.getting.
Abstract:
Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, it provides that monetary contribution and non-monetary contribution are the only factors for dividing marital property on divorce. The Kenyan courts have issued contradictory decisions on the weight of nonmonetary contribution in long-term and short-term marriages. Without guidance on the weight of non-monetary contribution during divorce proceedings, the courts have left potential litigants, especially women, to navigate the unsettled waters of marital disputes in the legal system. Kenya’s Parliament should take steps to clarify the legislation, develop regulations on the weight of non-monetary contribution, and provide statutory factors for consideration during division of marital property. This will ensure that courts meet the overriding objective of achieving a fair outcome in marital property disputes. Because of the constitutional guarantee of equality, the courts must begin analysis of property division by assuming each spouse is entitled to half of the marital property.
25
Schofield, Justice. "Judicial Independence in Kenya." Journal of Commonwealth Law and Legal Education 3, no. 1 (November 2005): 5–15. http://dx.doi.org/10.1080/14760401.2005.12005934.
26
Law Clinic, Strathmore. "Structural Interdicts for Socio-economic Rights: What the Kenyan Jurisprudence Has Missed." Strathmore Law Review 4, no. 1 (June 1, 2019): 135–53. http://dx.doi.org/10.52907/slr.v4i1.113.
Abstract:
The enforcement of socio-economic rights is unique as it necessitates positive action in policy-making and bears budgetary implications. Consequently, to prevent such enforcement from exceeding the scope established by the doctrine of ‘separation of powers’, because policy-making and budgetary allocation are under the executive and legislature respectively, the Kenyan Court of Appeal was hesitant to apply structural interdicts in the case of Kenya Airports Authority v Mitu-Bell Welfare Society & 2 others. This decision has outlawed structural interdicts from the Kenyan jurisprudential landscape and has failed to give a viable alternative judicial approach that should guide subsequent courts in enforcing socio-economic rights. This study looks into the origin and models of structural interdicts so as to analyse and critique this Court of Appeal’s decision by showing how the Court could have applied structural interdicts in the enforcement of socio-economic rights without impinging on the doctrine of separation of powers. This will be achieved through the use of literature review.
27
Orago, Nicholas Wasonga. "Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution: A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Rights Disputes." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 171. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2433.
Abstract:
On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at achieving this egalitarian transformation is the entrenchment of justiciable socio-economic rights (SERs), an integral part of the Bill of Rights. The entrenched SERs require the State to put in place a legislative, policy and programmatic framework to enhance the realisation of its constitutional obligations to respect, protect and fulfill these rights for all Kenyans. These SER obligations, just like any other fundamental human rights obligations, are, however, not absolute and are subject to legitimate limitation by the State. Two approaches have been used in international and comparative national law jurisprudence to limit SERs: the proportionality approach, using a general limitation clause that has found application in international and regional jurisprudence on the one hand; and the reasonableness approach, using internal limitations contained in the standard of progressive realisation, an approach that has found application in the SER jurisprudence of the South African Courts, on the other hand. This article proposes that if the entrenched SERs are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of SER disputes. This proposal is based on the reasoning that for the entrenched SERs to have a substantive positive impact on the lives of the Kenyan people, any measure by the government aimed at their limitation must be subjected to strict scrutiny by the courts, a form of scrutiny that can be achieved only by using the proportionality standard entrenched in the article 24 general limitation clause.
28
Ambrosio, Aniello, Mirjam Bäumer-Götz, Caroline Gräser, Mario Mannweiler, Ca rola Osswald, Cornelia Rank, and Christian Trauthig. "Report on the Exchange Programme between Young Lawyers from Central and East Africa and the Judiciary of Baden-Württemberg and Rheinland-Pfalz, Germany, in Lubumbashi (Democratic Republic of Congo), Kigali (Rwanda) and Nairobi (Kenya) from 6 to 15 February 2016." Recht in Afrika 19, no. 1 (2016): 94–101. http://dx.doi.org/10.5771/2363-6270-2016-1-94.
29
Akech, J. M. Migai. "Judicial review of spending powers: should Kenyan courts entertain taxpayers' actions?" Journal of African Law 44, no. 2 (2000): 195–217. http://dx.doi.org/10.1017/s0021855300012213.
Abstract:
Combatting the mismanagement of government funds by public officials remains a challenge in Kenya as well as in many African countries. Current mechanisms have not proved effective and need strengthening. This article argues that courts in Kenya should allow taxpayers standing to bring actions challenging allegedly improper government expenditure. Drawing upon the experience of courts in the United States, it demonstrates the potential effectiveness of such actions.
30
Munyao, Andrea. "An Inquiry into the Limits of Judicial Intervention in the Impeachment Process of Governors in Kenya." Strathmore Law Review 5, no. 1 (August 1, 2020): 139–56. http://dx.doi.org/10.52907/slr.v5i1.121.
Abstract:
Article 181(2) of the 2010 Constitution of Kenya instructs Parliament to enact a law highlighting the process of impeachment of a county governor. This has been realised through the County Government Act, Section 33. Section 33 recognises the County Assembly and the Senate as the bodies responsible for this process. However, the County Government Act fails to address at what point the courts can intervene in the impeachment process of governors. This is often a problematic issue as the doctrine of separation of powers requires each arm of government to perform their functions independently. Nonetheless, Kenyan courts have the duty to protect aggrieved parties whenever their rights are threatened. However, the point at which they can intervene is not stated under any law and this creates confusion between the role of courts of law in the impeachment process, on the one hand, and that of the County Assembly and the Senate, on the other. It is not clear which role should be discharged first. This paper, therefore, seeks to address this confusion through a critique of the Wambora case, a case that was appealed up to the Supreme Court. The paper also suggests a complimentary system whereby the Senate, County Assembly and the courts can work in harmony, and, do away with the confusion.
31
Chopra, Tanja. "Dispensing Elusive Justice: The Kenyan Judiciary Amongst Pastoralist Societies." Hague Journal on the Rule of Law 2, no. 01 (March 2010): 95–110. http://dx.doi.org/10.1017/s1876404510100050.
32
Maseh, Elsebah Jepkemboi, and Stephen M. Mutula. "RECORDS MANAGEMENT READINESS FOR OPEN GOVERNMENT IN THE KENYAN JUDICIARY." Mousaion: South African Journal of Information Studies 34, no. 3 (February 28, 2017): 146–66. http://dx.doi.org/10.25159/0027-2639/909.
Abstract:
This article presents part of the results of a study that was undertaken between April and September 2014 to investigate records management practices in the Kenyan judiciary with a view to promoting transformation and facilitation of open government for effective and efficient justice delivery. The following research questions were addressed: ‘How are records created, accessed and used, stored and maintained, appraised and disposed of, and preserved?’; ‘What records management policies, plans and guidelines are available?’; ‘What skills and competencies do the records management staff have?’; ‘What is the level of awareness and attitude of staff towards sound records management practices?’; and ‘What records management strategies is the Kenyan judiciary using to achieve openness?’ The population of the study comprised court registrars, deputy registrars, records officers, registry assistants, judges and magistrates in the high court and magistrates’ courts in Nairobi and Uasin Gishu counties. The findings of the study revealed that although records management had been improved in the Kenyan judiciary, records were not managed well in a continuum from creation to disposition. Furthermore, there were no records management policies and well trained records officers were inadequate. Besides, though records were recognised as pivotal in the administration of justice, records management was not fully supported by top management. It is recommended that, among other things, records management in the judiciary should be improved by putting in place records management policies; building records management capacity; securing top management support; and using the open government implementation model to promote best practices.
33
Sriram, Chandra Lekha, and Stephen Brown. "Kenya in the Shadow of the ICC: Complementarity, Gravity and Impact." International Criminal Law Review 12, no. 2 (2012): 219–44. http://dx.doi.org/10.1163/157181212x633361.
Abstract:
Following contested elections in late 2007, Kenya experienced brief but significant violence. International pressure and diplomacy led to a coalition government, and a commission of inquiry recommended the creation of an internationalized criminal tribunal or International Criminal Court (ICC) involvement, should a tribunal not be created. The government of Kenya both promised to create a hybrid tribunal and to cooperate with the ICC, yet has arguably done neither, engaging in delaying tactics for about a year before the prosecutor requested approval to open an investigation. The specific situation presented by Kenya requires careful analysis of two key principles of admissibility in the Rome Statute, gravity and complementarity. This article, based on fieldwork and interviews in Kenya and in The Hague and on judicial decisions and prosecutorial policy documents, examines the treatment of these to date, emphasizing the use and abuse of the concept of positive complementarity.
34
Matu, Doris. "Improving Access to Justice in Kenya through Horizontal Application of the Bill of Rights and Judicial Review." Strathmore Law Review 2, no. 1 (January 1, 2017): 63–84. http://dx.doi.org/10.52907/slr.v2i1.94.
Abstract:
Article 20 of the Constitution of Kenya 2010 states that the Bill of Rights binds all state organs and all persons. However, the extent to which natural persons and private legal persons can be held liable for human rights violations has become an issue. The courts have differed and provided mixed directions as to liability for human rights violations by private persons. Under the previous constitutional era, only decisions of public entities could be reviewed through judicial review. This article is an attempt to illustrate, with the aid of case law, the increased possibility for access to justice by the litigant in constitutional rights matters post-2010. We move from the previous era where human rights could not generally be sought against private persons to one where there is an attitude of acceptance, albeit a very cautious one, where rights can now be sought against any private persons. Also, there is hope for justice and a better society in general, if private bodies’ decisions can also be judicially reviewed. Private entities wield immense power over individuals and it is crucial to lift the veil of privacy and go to the root of the matter by evaluating their decision-making processes.
35
Ojwang, J. B., and D. R. Salter. "The Legal Profession in Kenya." Journal of African Law 34, no. 1 (1990): 9–26. http://dx.doi.org/10.1017/s0021855300008160.
Abstract:
The legal profession, and legal education (which is the subject of an earlier article), in operational terms form one continuum. On the earlier occasion we depicted legal education as, in essence, referring to “experiences and training which help different kinds of people to understand and use law in society”. In more specific terms, legal education is concerned with the formal or approved stages of education and training, in preparation for service in such legal roles as: representing parties in judicial or related proceedings; giving legal advice and preparing legal documents or instruments in non-contentious matters; presiding over or participating in tribunals of a legal or quasi-legal character; representing the state in matters of a legal or quasi-legal nature; etc.The often large body of professionals, who are the product of such a system of education, invariably necessitates the establishment of governing bodies; the enactment of regulatory legislation; the adoption of controlling practices; the fostering of certain norms and mores of professional culture; etc.
36
Orago, Nicholas Wasonga. "The Place of the “Minimum Core Approach” in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution." Journal of African Law 59, no. 2 (July 9, 2015): 237–70. http://dx.doi.org/10.1017/s0021855315000121.
Abstract:
AbstractThe high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, egalitarian and transformative constitution in August 2010. This constitution entrenched justiciable socio-economic rights within an elaborate Bill of Rights. Though an important step in the process of the egalitarian transformation of the country, the challenge remains to transform these precepts into practice with their scrupulous implementation through legislative, policy and programmatic frameworks, as well as judicial decision-making. This article argues that, in order to achieve the intended egalitarian transformation, Kenya must adopt a strong interpretive approach, with sufficient foundational standards for the translation of these rights into tangible realities for Kenyans. Kenya must therefore explicitly adopt a minimum core approach for the realisation of these rights to transform them into practical realities for the poor, vulnerable and marginalised Kenyans.
37
Hobbs, Patricia. "The Right to a Fair Trial and Judicial Economy at the International Criminal Court." International Human Rights Law Review 5, no. 1 (July 15, 2016): 86–118. http://dx.doi.org/10.1163/22131035-00501004.
Abstract:
Following the civil unrest in Kenya in 2008 and Kenya’s inability to prosecute the perpetrators of those crimes, the International Criminal Court (icc) prosecutor initiated proceedings proprio motu against Mr Uhuru Kenyatta and Mr William Ruto. Despite the impending prosecutions, Mr Kenyatta and Mr Ruto were elected as President and Deputy President of Kenya in 2013. Due to their prominent status, they both applied (separately) to be excused from continuous attendance at their trial proceedings. Mr Ruto’s argument was heard first, and Trial Chamber (A) granted the excusal request. In the course of Mr Kenyatta’s hearing by Trial Chamber (B), but before the Appeals Chamber reversed Mr Ruto’s Trial Chamber (A) decision, the issue of judicial economy was raised by the prosecution. Their contention was that Trial Chamber (B) should in fact wait for the Appeals Chamber’s final decision, but the Chamber dismissed the argument and proceeded with the decision at hand. This article contends that the Court missed a real opportunity to place judicial economy within the human rights discourse, particularly in the light of Article 21(3) of the Rome Statute of the International Criminal Court.
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De Moerloose, Stephanie, and Makane Moïse Mbengue. "A managerial approach for the coherent development of sustainable development law." Revista Jurídica Piélagus 17, no. 2 (July 27, 2018): 83–99. http://dx.doi.org/10.25054/16576799.1839.
Abstract:
While judicial bodies have proliferated in the last fifty years in a process that has been deemed “quasi-anarchic” (Guillaume, G., 2000) creating a risk of inconsistency in their decisions which would endanger the international law system, quasi-judicial bodies such as Multilateral Development Banks' accountability mechanisms are not spared by this legal phenomenon. They have diverse proceedings and jurisdictions, operate with different sets of environmental and social safeguards, but may confront similar factual scenarios, especially in the case of co-financing.
The recent Kenya Electricity Expansion Project presented before the World Bank and the European Investment Bank’s accountability mechanisms illustrates that, through a managerial approach, potentially conflicting findings can be avoided. This paper aims to show that quasi-judicial bodies can constitute a source of inspiration for the integrated development of international law.
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Onoria, Henry. "Botched-Up Elections, Treaty Amendments and Judicial Independence in the East African Community." Journal of African Law 54, no. 1 (March 4, 2010): 74–94. http://dx.doi.org/10.1017/s0021855309990179.
Abstract:
AbstractThis article examines developments in the East African Community from October 2006 to April 2007, against the background of the challenge to the “elections” of members of the East African Legislative Assembly. The article also examines the saga over the Kenyan regional court judges, emanating from the decision to grant an injunction restraining the nine Kenyan nominees to the Assembly from taking office and to dismiss a recusal application brought against the court's Kenyan judges. The article explores the hurried amendments to the Community treaty in a largely political response to the regional court's decisions and the implications for the future of the court and the Community. The haste involved in amending the treaty itself raises concerns over the growing tendency to flout processes and procedures at the national and community levels for the sake of political expedience on the part of the partner states.
40
Shen-Bayh, Fiona. "Strategies of Repression." World Politics 70, no. 3 (June 1, 2018): 321–57. http://dx.doi.org/10.1017/s0043887118000047.
Abstract:
Strategies of repression vary widely between extrajudicial and judicial extremes, from unrestrained acts of violence to highly routinized legal procedures. While the former have received a great deal of scholarly attention, judicial methods remain relatively understudied. When and why do rulers repress their rivals in court? The author argues that autocrats use a judicial strategy of repression when confronting challengers from within the ruling elite. Unlike regime outsiders, who pose a common, external threat to mobilize against, insiders present a more divisive target. When autocrats confront the latter, a judicial strategy legitimizes punishment, deters future rivals, and generates shared beliefs regarding incumbent strength and challenger weakness. Using original data on political prisoners in postcolonial sub-Saharan Africa, the author finds that autocrats were significantly more likely to use a judicial strategy against insiders and an extrajudicial strategy against outsiders. A case study of Kenya traces the logic of the theory, showing how intraregime conflict made courts a valuable instrument of state repression. The findings demonstrate how courts can play a central role in autocratic survival.
41
Yongo, Cecil. "Constitutional Interpretation of Rights and Court Powers in Kenya: Towards a More Nuanced Understanding." African Journal of International and Comparative Law 27, no. 2 (May 2019): 203–24. http://dx.doi.org/10.3366/ajicl.2019.0269.
Abstract:
The Constitution of Kenya (2010) has within it guidelines on how it ought to be interpreted. Today, there are a considerable number of legal scholars, practitioners and judges in Kenya who understand these guidelines to mean that a theory of interpretation which calls for rights to be read broadly is always adequate and correct and that it is always a good idea for courts to read their own powers and jurisdictions broadly, especially where rights are concerned. The assumption and conformity caused by this understanding, this article suggests, has led to the exertion of a subtle pressure on all those involved in constitutional interpretation in Kenya to follow this line. Consequently, this has inevitably hampered what would otherwise have been healthy debate on how some constitutional provisions should be interpreted. Thus this article – through applying a textual analysis of the Constitution as well as studying a cross section of judicial decisions – suggests that this standard view is flawed. It then proposes a more nuanced understanding that sees the complex tangle for what it is and that has a place for a differing mode of interpretation.
42
Mutua, Makau. "Justice under Siege: The Rule of Law and Judicial Subservience in Kenya." Human Rights Quarterly 23, no. 1 (2001): 96–118. http://dx.doi.org/10.1353/hrq.2001.0010.
43
Nzau, Mumo, and Amanda B. Edgell. "Judicial Independence and Civil Liberties in Transitional Democracies: The Case of Kenya." Human Rights Quarterly 41, no. 2 (2019): 465–96. http://dx.doi.org/10.1353/hrq.2019.0034.
44
Khamala, Charles Alenga. "Oversight of Kenya’s Counterterrorism Measures on Al-Shabaab." Law and Development Review 12, no. 1 (January 28, 2019): 79–118. http://dx.doi.org/10.1515/ldr-2018-0010.
Abstract:
Abstract Citing comparative US, UK and European jurisprudence, this article proposes a pre-inchoate offence to punish terror suspects at the African Court of Justice and Human Rights. It traces the Kenya government’s twenty-first-century responses to distorted jihad fundamentalism culminating in the current escalating pogroms. Coercive executive counterterrorism responses make exceptions to universal human rights enshrined under liberal democratic constitutions and international instruments. Yet the legality principle constrains the use of pre-inchoate offences. Hence civil society’s resistance delayed the enactment of Kenya’s Prevention of Terrorism Act. Moreover, the Constitutional Court subsequently struck out as ‘vague and ambiguous’ the Security Law (Amendment) Act’s substantive provision which ‘presumed criminal intent for encouraging terror’. Procedurally, another dilemma arises. This concerns whether it is possible for an international terror suspect to have a fair domestic trial. Although ‘limited executive measures’ require some individuals to trade off their own liberties to safeguard the security of others, due diligence can prevent torture or targeted killings. Instead, following Kenyan ‘Operation Linda Nchi’s’ pre-emptive strikes since 2011, Al-Shabaab’s retaliation arguably spiralled into increased violations of the core human right to life. Enacting pre-inchoate offences instead deems Islamist terrorists, particularly secondary offenders, as rational actors. Using a ‘reverse harm thesis’ to justify the education of pre-inchoate offenders, I argue that regional criminal trials of terror suspects constitute better ‘effective oversight’ on human rights violations than executive, legislative or domestic judicial responses. Invoking ‘concurrent responsibility’ to prosecute Al-Shabaab suspects before the ACJHR can therefore facilitate AMISOM’s dignified ‘exit’ strategy from Somalia.
45
Irimba, Fredrick Meeme, Jacinta Ndambuki, and Florence Mwithi. "A Forensic Interpretation of Hateful Micro-Speech Acts and Performative Modality in Facebook and Twitter during 2017 Election-Kenya." International Journal of Linguistics, Literature and Translation 4, no. 3 (March 30, 2021): 74–85. http://dx.doi.org/10.32996/ijllt.2021.4.3.8.
Abstract:
The increasing shift of human activities to online spaces in Kenya has resulted in the new behaviours among internet consumers. One such behaviour is the growing online public journalism phenomenon amid legal and regulatory gaps permeating expression of online hate speech rhetoric disguised as ‘politically correct talk’ which often goes unquestioned despite its injurious force and the potential to precipitate physical violence in the long run. To judge content as hateful, Kenya’s judicial processes rely the establishment of speech intention to hurt a legally protected entity. However, hate speech law enforcers lack skill and capacity to accurately determine the pragmatic force of hateful language. This article, which is a part of broad study that examined the discursive construction of online hate rhetoric, examines the injurious potential of online micro-speech acts and performative modality of selected Facebook posts and tweets constituting the day-to-day communicative practices online during the 2017 general election in Kenya. Working within forensic-based Computer Mediated Discourse Analysis (CMDA) framework, we analyse a purposive sample of 160 posts; FB (120) and Twitter (40) collected through online observation of Facebook groups and hashtags trending in Kenya between July and November 2017. The findings show how micro-speech acts and performative modality worked in service of aggressive ideology in the form of overt and covert appeals for collective prejudice against marked ethno-political out-groups. These insights are relevant for policy makers such as NCIC, KHR and CAK as well as the hate speech law enforcers especially National Police Service and prosecutors in understanding how certain commonsensical day to day online communicative practices yield pragmatic potential to propagate ideologically rooted culture of hate and violence in multi-ethnic cultural contexts such as Kenya.
46
Ochola, Philip Onyango, and DR JOYCE NZULWA. "EFFECT OF BID CHALLENGE STRUCTURE ON SUPPLY CHAIN MANAGEMENT SCHEME IN KENYA." International Journal of Supply Chain and Logistics 3, no. 2 (May 20, 2019): 26. http://dx.doi.org/10.47941/ijscl.v3i2.289.
Abstract:
Purpose: To establish the influence of bid challenge structure on supply chain management in Kenya.Methodology: The study embraced descriptive research design in order to provide a framework to examine current conditions, trends and status of events. The respondents of the study were all published bid challenges cases decisions in PPARB website for a period of three years. The period covered 2011- 2013. The number of bid challenge decided cases was 173 for the study period. Primary data was collected using semi structured questionnaires. These questionnaires were constructed with both open and closed ended questions to enable for quantitative and qualitative analysis respectively. Data was analysed using both descriptive and inferential statistics. Quantitative data was computed descriptively using frequencies and percentages while for inferential statistics regression analysis was conducted at a 5% (0.05) test significance level.Results: Procurement Review coefficient of 0.865 was found to be positive at significant level of 0.0012 and this indicates that Procurement Review has a positive influence on Supply chain projects, (X2) Administrative Review coefficient of 0.868 was found to be positive at significant level of 0.0022 and this indicates that Administrative Review has a positive influence on Supply chain projects, (X3) Judicial Review coefficient of 0.810 was found to be positive at significant level of 0.0019 and this indicates that Judicial Review has a positive influence on Supply chain projects. (X4) Independence of Review Authority coefficient of 0.741 was found to be positive at significant level of 0.001 and this indicates that Independence of Review Authority has a positive influence on Supply chain projects.Unique contribution to policy and practice: The study prescribes that resources need to be more utilized to enable more development and less wastage in the company. The study also recommends the company stakeholders to be actively involved in Supply chain projects.
47
Bwire, Buluma. "Integration of African Customary Legal Concepts into Modern Law: Restorative Justice: A Kenyan Example." Societies 9, no. 1 (March 4, 2019): 17. http://dx.doi.org/10.3390/soc9010017.
Abstract:
African societies have been governed according to known norms, customs, and practices that together constitute African customary law. These societies have placed emphasis on communal as opposed to individual identity, and this has extended to their justice systems. African customary law therefore has placed emphasis on the concept of restorative justice based on the understanding of restoring the societal balance that has been disrupted by crime. This has fostered offender accountability, reparation to the victim, and full participation by the affected community members. This essay examines the resurgence of African legal philosophy and its subsequent integration into modern African formal legal systems. In particular, it interrogates the recent Kenyan example of integrating traditional dispute resolution mechanisms as one of the guiding principles for the exercise of judicial authority by Kenyan courts under the 2010 Constitution. It argues for the development of structures to properly utilize such mechanisms within the Kenyan context.
48
Muchiri, Moses. "In Search for a Jurisprudential Justification for the Recognition of a Right of Publicity in Kenya." GRUR International 69, no. 6 (May 23, 2020): 585–615. http://dx.doi.org/10.1093/grurint/ikaa063.
Abstract:
Abstract Publicity rights fall in the intersection between classic intellectual property rights law, unfair trade practices law and privacy rights law. This is an area that has recently witnessed notable judicial decisions in Kenya which have not gained ample exposure and is therefore worth looking into as an area for potential emerging jurisprudence. A look at the existing practices across different jurisdictions in the world reveals various positions and approaches with respect to publicity rights. On one hand, there are jurisdictions in which publicity rights are categorized within the broad spectrum of personality rights, while in other jurisdictions these rights are treated as proprietary rights. Some jurisdictions also take a hybrid approach that amalgamates both proprietary and personality rights approaches. Publicity rights cut across four broad legal areas: tort, property, privacy and unfair trade practice law. These rights also have common similarities with copyright and trademark rights, although they are not synonymous. A significant number of countries which recognize a right of publicity have a mixture of elements of these areas, either as a form of common law approach based on the tort of passing off, or specific statutory enactments on publicity rights. Legal practice and development in each jurisdiction must be considered in the knowledge that each country has developed specific publicity rights mechanisms in response to the socio-economic needs and realities existing in its particular jurisdiction. This study surveys the legal landscape with respect to development of personality rights in Kenya. It also takes a brief look at several other select jurisdictions in an attempt to answer the question whether there is a jurisprudential justification for the recognition of a publicity right in Kenya.
49
Fernández Quiroga, Ana. "Una lectura crítica de la regulación legal de las violencias machistas en Lamu, Kenia, desde la aportación de las mujeres indígenas = A Critical Reading of the Legal Regulation of Violence against Women in Lamu, Kenia, from the Contribution of Indigenous Women." FEMERIS: Revista Multidisciplinar de Estudios de Género 4, no. 3 (October 1, 2019): 119. http://dx.doi.org/10.20318/femeris.2019.4932.
Abstract:
Resumen. Las violencias machistas son un problema global de primer orden. Sus manifestaciones son muy diversas y deben tratarse como un problema intersectorial, ya que influye en sus distintos grados de opresión las diferencias étnicas, de clase o de nivel sociocultural. Son innumerables los instrumentos legales que se han promulgado para su erradicación pero sin mejorar en gran medida las cifras de violencia a nivel mundial. En parte debido a que se ha olvidado en muchas ocasiones contar con las propias voces y experiencias de las mujeres que han sufrido estas experiencias y se ha caído en falsos paternalismos en su regulación y en otra parte porque algunas de sus manifestaciones se realizan en espacios privados y quedan invisibilizadas, especialmente las agresiones sexuales dentro del matrimonio. La presente comunicación se refiere a una investigación llevada a cabo en una isla de Kenia llamada Lamu donde se desarrollan distintos proyectos de empoderamiento social y económico de las mujeres indígenas. En la misma se trata de conocer el grado de conocimiento y legitimación de la legislación contra las violencias machistas, las barreras en el proceso judicial y la diversidad existente según la etnia, la religión o el nivel socio-cultural, así como las estrategias de resiliencia de las propias mujeres frente a estas violencias. Se realiza desde un marco metodológico cualitativo donde la pieza clave son las entrevistas en profundidad a las propias mujeres indígenas. De la misma sacaremos, entre otras conclusiones, que cuando el proceso judicial de divorcio y el de denuncia de violencia sexual son independientes, ante la falta de capacidad económica, se abandona el segundo.Palabras clave: violencias machistas, violencia sexual, resiliencia, denuncia.Abstract. The Gender Violence is a global problem of the first order. Their manifestations are very diverse and should be treated as an inter-sectorial problem, since ethnic, class or socio-cultural differences influence their different degrees of oppression. There are innumerable legal instruments that have been promulgated for their eradication but without greatly improving the figures. Partly because it has been forgotten on many occasions to have the voices and experiences of women who have suffered these experiences and has fallen into false paternalism in its regulation and elsewhere because some of its manifestations are carried out in private spaces and remain invisible, especially sexual assaults within marriage. This communication refers to an investigation carried out in an island of Kenya called Lamu where different projects of social and economic empowerment of indigenous women are developed. It deals with knowing the degree of knowledge and legitimacy of the legislation against sexist violence, the barriers in the judicial process and the existing diversity according to ethnicity, religion or socio-cultural level, as well as resilience strategies of the women themselves in the face of these violence. It is carried out from a qualitative methodological framework where the key piece is the in-depth interviews with indigenous women themselves. From it we will draw, among other conclusions, that when the judicial process of divorce and that of sexual violence are independent, in the absence of economic capacity, the second is abandoned.Keywords: violence against women, sexual violence, resilience, report.
50
Pappa, Marianthi. "The Impact of Judicial Delimitation on Private Rights Existing in Contested Waters: Implications for the Somali-Kenyan Maritime Dispute." Journal of African Law 61, no. 3 (October 2017): 393–418. http://dx.doi.org/10.1017/s0021855317000286.
Abstract:
AbstractThis article raises concerns about the impact of judicial delimitation on private exploratory rights existing in contested waters. These concerns stem from the tendency of judges to disregard any non-geographic factors during the process of maritime delimitation. This practice allows for the reallocation of the private rights in question and eventually creates tension between public international law and private law. This is discussed in the context of the Somali-Kenyan maritime dispute, which is currently under judicial consideration. The article will demonstrate that, insofar as international judges apply the standard doctrines of delimitation, the prospective judgment may cause the reallocation and, ultimately, the frustration of Kenya's private exploratory contracts in the disputed area. It suggests that a unitization agreement entered after delimitation may reverse this outcome. However, inasmuch as state cooperation lacks the cloak of international custom, the interests of private actors operating in contested waters remain at stake.