Protection of internally displaced persons in Kenya under the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act of 2012: an appraisal
- Authors: Juma, Laurence
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126122 , vital:35851 , https://hdl.handle.net/10520/EJC-107c9cba58
- Description: This article discusses Kenya’s Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act of 2012, which is among the very few national legislations globally that addresses the plight of internally displaced persons. While it records the momentous achievement in creating a viable and legally enforceable legislative framework for the protection of IDPs, the article highlights some of the areas that could be improved for the Act to realise its promise. It notes for example the inchoate manner in which institutions are created and the lack of resources. The article while isolating these challenges also suggests numerous ways in which such challenges can be overcome. It underscores the need for harmonised legal regimes, improvement of data collection and proper monitoring programmes, all which can be achieved and strengthened by a supportive political establishment as well as strategic amendments to various provisions of the Act.
- Full Text: false
- Date Issued: 2018
- Authors: Juma, Laurence
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126122 , vital:35851 , https://hdl.handle.net/10520/EJC-107c9cba58
- Description: This article discusses Kenya’s Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act of 2012, which is among the very few national legislations globally that addresses the plight of internally displaced persons. While it records the momentous achievement in creating a viable and legally enforceable legislative framework for the protection of IDPs, the article highlights some of the areas that could be improved for the Act to realise its promise. It notes for example the inchoate manner in which institutions are created and the lack of resources. The article while isolating these challenges also suggests numerous ways in which such challenges can be overcome. It underscores the need for harmonised legal regimes, improvement of data collection and proper monitoring programmes, all which can be achieved and strengthened by a supportive political establishment as well as strategic amendments to various provisions of the Act.
- Full Text: false
- Date Issued: 2018
Protection of rights of urban refugees in Kenya: revisiting Kituo Cha Sheria v The Attorney General
- Authors: Juma, Laurence
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125174 , vital:35740 , DOI: 10.25159/2522-6800/3291
- Description: This article discusses the judgment in the landmark case of Kituo Cha Sheria and Others v Attorney General in the light of the emerging rights jurisprudence in the area of refugee rights. It also explores the impact the judgment could have on the articulation of the rights of urban refugees in Kenya. Based on the assumption that Kenya’s 2010 Constitution provides an opportunity for the robust enforcement of rights, the article analyses the key rights and protection imperatives that were at the centre of the dispute. These include the right to dignity, freedom of movement and to work, and also the principle of refoulement. These rights are at the core of the protection agenda for urban refugees.
- Full Text: false
- Date Issued: 2018
- Authors: Juma, Laurence
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125174 , vital:35740 , DOI: 10.25159/2522-6800/3291
- Description: This article discusses the judgment in the landmark case of Kituo Cha Sheria and Others v Attorney General in the light of the emerging rights jurisprudence in the area of refugee rights. It also explores the impact the judgment could have on the articulation of the rights of urban refugees in Kenya. Based on the assumption that Kenya’s 2010 Constitution provides an opportunity for the robust enforcement of rights, the article analyses the key rights and protection imperatives that were at the centre of the dispute. These include the right to dignity, freedom of movement and to work, and also the principle of refoulement. These rights are at the core of the protection agenda for urban refugees.
- Full Text: false
- Date Issued: 2018
The principle of complementarity and hybrid courts: the case of the Special Criminal Court for the Central African Republic
- Juma, Laurence, Chigowe, Lloyd
- Authors: Juma, Laurence , Chigowe, Lloyd
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125219 , vital:35747 , https://hdl.handle.net/10520/EJC-110b0e557f
- Description: This paper seeks to locate the place of hybrid courts in the Rome Statute’s complementarity model using the Central African Republic’s Special Courts as a case study. The introduction of the Special Courts when the International Criminal Court has already intervened in Central African Republic has raised some concern regarding the Special Courts relationship with the International Criminal Court, especially whether it may defeat the complementarity regime established under article 17 of the Rome Statute. This paper seeks to dispel this concern. It argues that the creation of the Special Criminal Court should never be perceived as an indictment to the Rome Statute principle of complementarity, but instead a useful attempt to close the impunity gap that has arisen as a result of the collapse or dysfunctionality of national criminal justice system.
- Full Text: false
- Date Issued: 2018
- Authors: Juma, Laurence , Chigowe, Lloyd
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125219 , vital:35747 , https://hdl.handle.net/10520/EJC-110b0e557f
- Description: This paper seeks to locate the place of hybrid courts in the Rome Statute’s complementarity model using the Central African Republic’s Special Courts as a case study. The introduction of the Special Courts when the International Criminal Court has already intervened in Central African Republic has raised some concern regarding the Special Courts relationship with the International Criminal Court, especially whether it may defeat the complementarity regime established under article 17 of the Rome Statute. This paper seeks to dispel this concern. It argues that the creation of the Special Criminal Court should never be perceived as an indictment to the Rome Statute principle of complementarity, but instead a useful attempt to close the impunity gap that has arisen as a result of the collapse or dysfunctionality of national criminal justice system.
- Full Text: false
- Date Issued: 2018
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