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Author: Ouma, Jack Busalile Mwimali

Awarding University: University of Birmingham, England

Level : PhD

Year: 2013

Holding Libraries: ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; Institute of Commonwealth Studies Library ;

Subject Terms: Criminal justice ; Trials ; Constitutions ; Criminal law ; Judicial process ;

Abstract:

This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognised since the adoption of the formal legal system in Kenya, and which have been enshrined in the Constitution since independence. It addresses a number of overarching questions. First, it identifies the factors that hindered the full realisation of the right to a fair trial. Secondly, it enquires into whether the shortcomings of the recently repealed Constitution in that regard have been fully addressed by the new Constitution adopted in 2010. Thirdly, it identifies and analyse the impact of factors outside the formal law which may have affected the practical operation of certain core elements of the right to a fair trial. Finally, in light of the above, it explores a number of approaches that might be used to address these other factors so as to help achieve at least a better, enforcement of fair trial rights in the country.

Author: Shikuku, Agnes Nafula

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2012

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: International relations/Treaties/International Criminal Court/Criminal justice/National security/ ;

Abstract:

This study exammes the question of whether or not International Criminal Tribunals (K'Ts) in executing their mandate especially m post conflict situations interfere and/or compromise the national security or even the national security strategies of states. It analyses the rationale of establishing ICTs and their role in ensuring justice and accountability within states where international crimes have allegedly been committed, the role and conceptualization of national security and the relationship between ICTs and national security. The conceptual framework adopted in this study is that of state sovereignty which emphasizes non interference with the internal affairs of a state. The study while using this concept argues that states in exercise of their sovereignty cede some of it by entering into international treaties. In examining the rationale of ICTs, issues and philosophy relating to ICTs are discussed. The development of international criminal law (lCL) and International Humanitarian Law (IHL) is analyzed including the need to punish individuals who hold the highest responsibility in the commission of international crimes. In addition, the merits and justification that informed the establishment of UN based ad hoc courts and the treaty based ICC including the differences between them and the laws applicable by different ICTs are also addressed. The concept of national security is examined from both the traditional perspective that emphasizes physical security of the state and the contemporary one that addresses the individual. In examining the relationship between ICTs and national security, various issues that include tension between the interests of justice and political interests are discussed. The study adopted both primary and secondary sources of data. At the end of the study, the analysis proves the hypothesis that the functioning of ICTs does not interfere with the national security agendas of states but is in fact complementary.

Author: Lutainulwa, Hellen Lutta

Awarding University: University of Nairobi, Kenya

Level : MA

Year: 2011

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Kibera, Nairobi, Kenya ; Women ; Sex crimes ; Criminal justice ;

Abstract:

This is a cross-sectional exploratory study of barriers faced by sexually abused women in accessing legal justice in Kibera slums. In this study, close assessments of the perceived and actual barriers to accessing legal justice were of keen interest. Convenience sampling was used to select 50 informants for in-depth interviews to this study drawn form Gatwekera, Laini Saba and Kisumu Ndogo villages in Kibera slums, six key informants were purposively drawn for this study to give insight into perceived and actual barriers to legal justice for the women survivors of sexual abuse in the slums. Finally, six women were purposively selected to give case narrative interviews based on their lived accounts after experiencing sexual abuse and going through the legal system. The results reveal that sexual violence is perceived by the subjects as act of raping, beating, pushing, and coerced sexual intercourse by someone they are quite intimate with or even a stranger given their experiences. This study also indicates that perceived barriers to seeking legal justice include a non-responsive police system riddled with corruption, gender insensitivity at the police posts, high costs of pursuing court cases and frequent dismissal of cases due to shoddy investigations and lack of evidence which dissuade survivors from pursuing legal justice. The perceived economic dependence and vulnerability of the women within the slum areas also act as a deterrent to seeking legal justice. Moreover, actual barriers to seeking legal justice are bound within cultures which include among others socialization of men in the society in which they wield more power relative to women, male dominance of the local dispute resolution mechanisms, stigma associated with abuse and consistent intimidation from male perpetrators. This study recommends the creation of gender-desk points in all police posts within Kibera slums to take care of the sensitive needs of women who have been sexually abused when they are reporting. The study also recommends that the police officers need to be trained on conducting sexual abuse investigations in collaboration with medical personnel to reduce instances of dismissal of cases due to insufficient evidence. Finally, the study recommends the need for heightened community sensitization of the community members on the contents of the Sexual Offences Act and how they can seize the opportunities provided in the same for accessing legal justice.