7 Records out of 22207 Records

Factors influencing implementation of community policing programmes : a case of Thika municipality in Kiambu County

Author: Kiarie, Joshua

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Law enforcement/Community policing/Security/Thika, Kenya ;

Abstract:

The purpose of the study was to establish the factors influencing the implementation of community policing programmes: a case of Thika Municipality in Kiambu County with a view to suggesting strategies that could be employed to improve effectiveness of community policing. The objectives otthe study were to: determine the level of community participation in community policy decisionmaking; find out the composition of community policing committees in terms of gender, education, age and religion; establish the attitudes of members of the community towards community policing; determine the attitudes of security officers (police, provincial administration) towards community policing; and propose strategies that could be employed to improve effectiveness of community policing. The study employed a mixed methods research design targeting all the 136,917 residents of Thika Municipality, the District Commissioner (DC) and the Officer Commanding Police Division (OCPD), police officers within the area of study, and members of the community policing forums. Stratified random sampling was used to select 383 members of the public, while purposive sampling was employed to select 20 police officers, 10 community policing committee members, the DC and the OCPD. Data was collected by use of questionnaires and interview schedules. Prior to the actual data collection procedure, a pilot study was conducted on a small number of community members from Thika Municipality. The pilot study provided an opportunity to detect and remedy any potential problems with the instruments. Data was both qualitative and quantitative. Quantitative data collected was coded and entered into an SPSS programme for analysis. Qualitative data was put under themes consistent with the research objectives. The results of data analysis were presented using frequency distribution tables. The study established that the community actively participated community policing. Community policing committee members comprised of security officers, community members, religious leaders and community administrators and the minority. Most of the general public members and security officers had a positive attitude towards community policing, and the positive attitudes' led to good working relationships between the police and members of the public, which enhanced the community policing programme. The study found that measures such as ensuring confidentiality of the information, regular meeting to discuss security matters and sensitizing the community on importance of community policing should be implemented to enhance effectiveness of community policing. The study recommends that: the community should work with the security officers to help improve and strengthen community policing; and committee members should sensitize the community on importance of community policing, which can be achieved by organizing regular meetings.

Slaying the corruption dragon with bare hands : a case for granting prosecutorial powers to Kenya's Ethics and Anti-corruption Commission

Author: Olola, James Otieno

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2011

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Corruption ; Attorneys general ; Kenya Anti-Corruption Commission ; KACC use Kenya Anti-Corruption Commission ; Prosecutions ; Law enforcement ;

Abstract:

The study begins by acknowledging that corruption is not a new phenomenon in Kenya. As early as 1956, The Colonial Administration saw it fit to put in place a legislative framework for fighting corruption through the enactment of the Prevention of Corruption Ordinance. The 1963 Independence Constitution continued this trend by creating a powerful office of the Attorney General (AG) who by dint of Section 26 thereof was empowered to exercise near exclusive powers of prosecution on behalf of the State. The AG's office is stated in the Constitution to be an office in the public service and as such the holder is expected at all times to act in the public interest. In this regard, Section 26(6) of the Constitution granted and guaranteed the holder of the office independence in the discharge of hislher duties. However, notwithstanding such express declaration of independence by the Constitution, available evidence indicates that it has virtually been impossible for the AG to independently commence and complete prosecutions against individuals who are part of the government and/or who enjoy the protection of powerful people in government. Nowhere is the lack of independence and failure to act in the public interest more manifest and evident than the area of prosecution for corruption and economic crimes. Since independence in 1963, Kenya has experienced some of the most high profile, international corruption scandals in the region. These include the Goldenberg and the Anglo Leasing Finance scandals. In late 2002, the newly elected NARC government took office on anti-corruption platform and proceeded to enact the Anti- Corruption and Economic Crimes Act, No.3 of 2003. The Act established the Kenya Anti- Corruption Commission (KACC) with a statutory mandate of fighting corruption and economic crimes. The structure of KACC assumes a three-pronged strategy based on investigation, public education, prevention and advisory services, and civil recovery and restitution. Since its establishment however, KACC's ability to deter and combat corruption has been weak. This study attributes this weakness to the fact that the Commission does not have prosecutorial powers on its own and can only recommend cases to the AG for prosecution. While there are a number of variables that could play a role in explaining the perceived failures, this study finds that the absence of a specialized, in-house prosecution unit and the lack of inter-agency co-operation and coordination between the Commission and the AG's office is arguably one of them. Comparing KACC to Nigeria's Economic and Financial Crimes Commission (EFCC) which is endowed with prosecutorial powers, the study notes that while Nigeria faces even higher levels of corruption than in Kenya, the EFCC has largely managed to execute its mandate effectively and efficiently. The underpinning argument advanced in this study therefore identifies law enforcement and prosecutorial functions as a factor in achieving this success.

Policing strategies and their effects on cattle rustling in Tot Division, Marakwet District in Elgeyo Marakwet County

Author: Murkomen, Mark Kosgei

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2011

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Tot Division, Marakwet District ; Pastoralists ; Rustling ; Law enforcement ; Marakwet (African people) ; Pokot (African people) ; Social life and customs ;

Abstract:

Marakwet-Pokot cattle rustling have led to great suffering to the people of Tot Division in Kerio Valley for a very long time; defying interventions from the local community, civil society and the state. Many lives and property have been lost, as well as the internal displacement of people and abrupt closure of schools and businesses. This study assessed the effects of policing strategies on cattle rustling in Tot Division, Marakwet District. The general objective of the study was to assess the effects of policing strategies on cattle rustling in Northern Kenya. The study involved 77 respondents, from two categories. There were 28 respondents from various police units and 49 respondents from the local community residents in the categories of elders, women and youth. 14 key informants were purposively selected from provincial administration officers, religious leaders, leaders of NGOs and CBOS dealing with conflicts. The respondents were selected through stratified sampling. The data was collected using questionnaires, key informant guide and observations in the field. The study utilized survey design to achieve its objectives. The study generated and utilized both qualitative and quantitative data. The quantitative data was analyzed using SPSS computer program and described using descriptive statistics. The qualitative data was analyzed using themes and trend analysis. The data was presented in frequency tables, percentages and charts. The study found out that cattle rustling in Tot Division led to loss of live and property, displacement of people, closing of businesses, poverty and under development. The study established that the following policing strategies were engaged to fight cattle rustling in Tot: peace building and restoration, deployment of more police officers, disarmament, arrest and prosecution, gathering of intelligence, stopping illegal arms and livestock trade, laws and policy framework, community policing and free and compulsory education. The study established that, the following socio-economic, political, cultural and environmental factors in the society impede the functioning of policing strategies in the area: cultural support for cattle rustling, political influence, organization of illegal arms and livestock trade, poverty and youth unemployment, rough terrain and hot weather conditions, and finally police low morale, poor equipments and training. The study found out that the policing strategies employed were not very effective in preventing cattle rustling. However some succeeded to a limited extent. The study recommended that the government should conduct continuous disarmament and ensure the country's porous borders are properly manned to prevent entry of illegal firearms and guarantee the security of the pastoralist communities living along the border. The government should also facilitate police officers adequately and develop the pastoralist areas to spur economic growth to provide them with alternative livelihood beside pastoralism. The government, civil society and the local community leaders should encourage education among the pastoralists by building more schools and provide sponsorships.

The challenges of implementing International Humanitarian Law of Non-International Armed Conflicts : a case study of Kenya 2007 post election conflict

Author: Ituka, Josphat Kaminza

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2010

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Conflicts/Post-election violence/International law/Law enforcement/Compliance/Minority and ethnic violence ;

Abstract:

Despite almost universal ratification of international Humanitarian Law of Armed Conflicts by states, the implementation of this law on the ground reveals a different situation. IHL has been violated in the course of waging armed conflicts. In the post-cold war period, there has been marked proliferation of non-international armed conflicts. One defining feature of these conflicts is gross violation of human rights in general and IHL in particular. This raises the question of what implementation challenges states face in observance of IHL. This study addresses the challenges states face in implementing IHL based on Kenya 2007 post-election conflict. During this conflict, there were systematic and multiple violations of IHL by government security agencies, organized ethnic and political parties' militias and civilians. These violations took place despite that Kenya has ratified and domesticated the main legal instruments of the IHL. These are the Geneva conventions of 1949, the Additional Protocols of 1977 and Rome statute of 1998 establishing the International Criminal Court. Data for the study have been collected using content analysis and interview methodologies. Content analysis involved collection of data from secondary sources such as mass media, books and internet sources on international humanitarian law and its implementation in general as well as data on Kenya 2007 post- election conflict. Content analysis has been augmented by use of interview method to gather primary data. Data generated has been qualitatively analyzed and inferences made against the study objectives and hypotheses. The study concluded that several implementation challenges of IHL of Non-International Armed Conflicts were faced during the Kenya 2007 post election violence. The main challenges were dysfunctional institution of policing characterised by logistical and human resource under capacity, low morale, lack of respect for human rights and political interference. Further, the entrenced culture of impunity encouraged political leaders to rely on organized ethnic/ political party militias to unleash violence on perceived opponents. Finally there is lack of sustainable programs for creating awareness of IHL, either by governmental or non-governmental agencies.

Traffic law enforcement strategies and their effects on road safety on Kenyan National Highways : the case of the Mombasa-Nairobi highway

Author: Musau, Catherine

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2010

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Traffic accidents and safety ; Law enforcement ; Bribery ;

Abstract:

Road traffic accidents are a major challenge to the country's economy and public wellbeing with more that 75percent of the traffic casualties being young and productive adults between 15 - 44 years (Nantalya et al 2009:118-124). Odero, Khayesi and Heda (2003: 53) observe that Kenya, with an average of 7 deaths from the 35 crashes that occur each day, has one of the highest road fatality rates in relation to vehicle ownership in the world. They also add that nearly 3,000 people are killed on Kenyan roads annually. This translates to approximately 68 deaths per 1,000 registered vehicles, which is 30-40 times greater than in highly motorized countries. This exerts a lot of pressure on the economy, but road safety measures in place are ineffective, and enforcement is characterized by knee-jack crackdowns on motor vehicles following major road traffic accidents an indication that something is wrong. The behaviors exhibited by traffic law enforcers in the course of their duties such as arbitrary flagging down of vehicles come with a lot of consequences like overloading of vehicles passengers and goods, use of defective vehicles on the road, exceeding speed limits, failure to adhere to statutory provisions like driver and crew compliance and worse of all, lack of public confidence. This study was to find out how effective Traffic Law enforcement strategies are along the Mombasa-Nairobi Highway guided by accident statistics which indicate a rising trend despite the numerous government interventions. It involved drivers and crew of long distance p.s.v's, long distance truck drivers and crew and, Traffic Law enforcers all on the Mombasa-Nairobi Highway. A total of ten p.s.v drivers and ten p.s.v crew, twenty five drivers and twenty five crew from long distance trucks and thirty Traffic law enforcement officers between the rank of chief inspector and constable were interviewed. The police officers were drawn from the Traffic bases along Mombasa-Nairobi highway which included Embakasi, Athi River, Makindu and Mlolongo weighbridge. The study found out that Traffic Law enforcement was inadequate leading to the increasing number of accidents. A number of issues were attributed to this factor among which were, the lack of equipment, weather conditions and offering of bribes to the police by drivers and crew at the expense of adhering to road safety requirements. This was found to be the major cause for the failure of effective Traffic law enforcement along Mombasa-Nairobi highway.

Humanitarian law and the war against international terrorism : challenges and opportunites since September 11, 2001

Author: Ambutsi, Justus Wabuyabo

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2008

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: International terrorism ; Terrorism ; United States ; Law enforcement ; International humanitarian law ;

Abstract:

The action by the US to invade Afghanistan and Iraq in its stated war against international terrorism represented a great paradigm shift in the law of armed conflict. The response invoked a confluence of legal regimes and norms in unprecedented ways. What would generally have been thought to be the key legal issues were not, and what was never anticipated as crucial legal concerns became so. There has been one question which has come up time after time in the consideration of the paradox: Is the war on terrorism 'war' and, therefore, requiring military responses or is it simply a matter for law enforcement? Before September 11, 2001, terrorism had generally been treated as an issue for law enforcement. After September 11, 2001 the US considered that exclusive law enforcement measures to tackle the menace of terrorism were insufficient. It was then decided to involve the military since the general view was that the September 11, 2001attacks had risen beyond mere criminal conduct and were deemed to be acts of war. However, the articulation of the war has not been clear. If the war on terror is indeed a war as advanced by the US, one would have expected that the application of international humanitarian law in the process would have been automatic. In reality it has not been easy to conceptualize the applicability of that law in this new war in contradistinction to the application of the general human rights law, domestic legislation and international law on cooperation in criminal matters. There is an emerging view which suggests that the USA has made terrorism an all encompassing concept which is at times used by it to block or justify violations of human rights and internationally recognized humanitarian standards. The US has sometimes used the idea of national security as an excuse to justify its actions of sacrificing humanitarian values and principles as enshrined in the United Nations Charter, international covenants on human rights and the Geneva Conventions for the protection war victims among other important international instruments. Further, it appears that the direction taken by the US in dealing with the problem has been largely guided by national politics of hegemony. Its strategy has been bereft of objectivity and has obscured the efforts by legal scholars and practitioners to undertake symmetrical studies to come up with universally acceptable rules that would fully address the real problem. Such studies would probably be able to review international humanitarian law and other rules of international law and their relevance to the war against international terrorism or propose a new legal framework to deal with the challenges posed by the new war. The framework could consider issues such as the regulation of groups such as Al Qaeda and others engaged in international terrorism and their activities. Due to the influence of the USA, there has been a glib condemnation of terrorism without a scientific impartial study to come up with civilized means and methods of eradicating it. The result has been a lack of clear policy within the international community to deal with the problem with the consequence that the war against international terrorism has been fought without known values or principles. By agreeing to sink to those levels, the international community has in fact granted terrorists victory on a silver platter. This paper tries to investigate the effects of politics hegemony of the US on the development and application of international humanitarian law in the war against international terrorism since September 11, 2001. The paper will also attempt to discuss ways in which nations of the world can tackle the menace of international terrorism without sacrificing the internationally recognized humanitarian standards for the protection of human life and dignity in time of conflict.

Enforcement of international criminal law in Darfur through the International Criminal Court

Author: Muchelule, Aggrey Otsyula

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2005

Holding Libraries: University of Nairobi Law Campus Library ;

Subject Terms: International Criminal Court ; International criminal law ; Darfur region, Sudan ; Law enforcement ;

Abstract:

ABSTRACT NOT AVAILABLE