The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya
- Khayundi, Francis Bulimo Mapati
- Authors: Khayundi, Francis Bulimo Mapati
- Date: 2018
- Subjects: Kenya Human Rights Commission , Economic rights -- Kenya , Social rights -- Kenya , Kenya -- Economic conditions , Kenya -- Social conditions , Kenya -- Politics and government
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/60413 , vital:27777
- Description: The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.
- Full Text:
- Authors: Khayundi, Francis Bulimo Mapati
- Date: 2018
- Subjects: Kenya Human Rights Commission , Economic rights -- Kenya , Social rights -- Kenya , Kenya -- Economic conditions , Kenya -- Social conditions , Kenya -- Politics and government
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/60413 , vital:27777
- Description: The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.
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Political party institutionalization : a case study of Kenya
- Mutizwa-Mangiza, Shingai Price
- Authors: Mutizwa-Mangiza, Shingai Price
- Date: 2014
- Subjects: Kenya -- Politics and government , Political parties -- Kenya , Kenya -- History , Kenya -- Colonial influence
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2881 , http://hdl.handle.net/10962/d1013258
- Description: This thesis explores the nature and extent of political party institutionalization in Kenya. More specifically, it focuses on the four dimensions of party institutionalization, namely organizational systemness, value-infusion, decisional autonomy and reification. The study itself is largely located within the historical-institutionalist school of thought, with particular emphasis on the path dependency strand of this theoretical framework. However, the study also employs a political economy approach. It recognizes that the development trajectory of party politics in Kenya did not evolve in a vacuum but within a particular historical-institutional and political-economic context. The thesis advances the notion that those current low levels of party institutionalization that are evident in almost all parties, and the relatively peripheral role that they have in Kenya's governance can be traced to Kenya's colonial and post-colonial political history, the resource poor environment and the onset of globalization.
- Full Text:
- Authors: Mutizwa-Mangiza, Shingai Price
- Date: 2014
- Subjects: Kenya -- Politics and government , Political parties -- Kenya , Kenya -- History , Kenya -- Colonial influence
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2881 , http://hdl.handle.net/10962/d1013258
- Description: This thesis explores the nature and extent of political party institutionalization in Kenya. More specifically, it focuses on the four dimensions of party institutionalization, namely organizational systemness, value-infusion, decisional autonomy and reification. The study itself is largely located within the historical-institutionalist school of thought, with particular emphasis on the path dependency strand of this theoretical framework. However, the study also employs a political economy approach. It recognizes that the development trajectory of party politics in Kenya did not evolve in a vacuum but within a particular historical-institutional and political-economic context. The thesis advances the notion that those current low levels of party institutionalization that are evident in almost all parties, and the relatively peripheral role that they have in Kenya's governance can be traced to Kenya's colonial and post-colonial political history, the resource poor environment and the onset of globalization.
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Colonial policies and the failure of Somali secessionism in the Northern frontier district of Kenya colony, c.1890-1968
- Authors: Abdullahi, Abdirashid
- Date: 1998
- Subjects: Somalis -- Kenya -- History , Kenya -- History -- 1963- , Kenya -- Politics and government , Decolonization -- Kenya -- History -- 20th century , Kenya -- History -- To 1963
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2532 , http://hdl.handle.net/10962/d1002384 , Somalis -- Kenya -- History , Kenya -- History -- 1963- , Kenya -- Politics and government , Decolonization -- Kenya -- History -- 20th century , Kenya -- History -- To 1963
- Description: This thesis examines the events that took plac,e. in the Northern Frontier District I North Eastern Province of Kenya hetween the late nineteenth century and 1968. After 1900 the imposition of colonial policies impacted on the socio-economic and political structures of the Somali people. This thesis also examines the nature of Somali resistance l\P- to the late 1920s when Somali society was finally pacified. It further examines colonial policies such as the creation of the Somali-Galla line in 1919, the separation of the J uhaland region from the Kenya Colony in 1926 and the Special District Ordinance of 1934. Between 1946 and 1948 the British Government through its Foreign Minister, Ernest Bevin, attempted to unify Somali territories in the Horn of Africa and this raised Somali hopes of uni fication. The Bevin Plan collapsed because of the opposition of the United States, the Soviet Union, the French and Ethiopian leaders. Similar hopes of NFD Somali unification were raised hetween 1958 and 1963 because of the unification of the former British Somali land and Italian Somaliland. Due to the imminent end of British colonial rule in Kenya, the NFD Somali leaders demanded secession from Kenya to join up with the nascent Somali republic. But the NFDSomali hopes of unification with the Somali Repuhlic were dashed by 1964 because of the same opposition provided by the United States, the French and the Ethiopians. The British Government were all along half-hearted towards Somali unification attempts even though the field administrators adopted a pro-Somali attitude to the issue. In the early 1960s, however, the NFD Somali leaders were faced with the additional opposition of the new KANU government in Kenya. In 1964 the failure of the NFD Somalis to secede from Kenya led to the guerrilla war, what the Kenyan government called the 'shifta movement', that engulfed the North Eastern Region until 1968 when the Arusha Memorandum of Understanding was signed between the Kenyan and the Somali Governments. The signing of the Arusha Memorandum of Understanding by the Kenyan and Somali Governments did not satisfy· the NFD Somalis hopes of joining the Somali Republic. The main conclusion of this thesis is that the N FD Somalis, except for few collahorators, did at no time, whether in the colonial or post-colonial eras, accept heing in Kenya. By the late 1960s the prospects of NFD Somalis unifying with the Somali Republic were, in view of the forces arrayed against the Somali secessionist movement, slim; and they have remained slim since then.
- Full Text:
- Authors: Abdullahi, Abdirashid
- Date: 1998
- Subjects: Somalis -- Kenya -- History , Kenya -- History -- 1963- , Kenya -- Politics and government , Decolonization -- Kenya -- History -- 20th century , Kenya -- History -- To 1963
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2532 , http://hdl.handle.net/10962/d1002384 , Somalis -- Kenya -- History , Kenya -- History -- 1963- , Kenya -- Politics and government , Decolonization -- Kenya -- History -- 20th century , Kenya -- History -- To 1963
- Description: This thesis examines the events that took plac,e. in the Northern Frontier District I North Eastern Province of Kenya hetween the late nineteenth century and 1968. After 1900 the imposition of colonial policies impacted on the socio-economic and political structures of the Somali people. This thesis also examines the nature of Somali resistance l\P- to the late 1920s when Somali society was finally pacified. It further examines colonial policies such as the creation of the Somali-Galla line in 1919, the separation of the J uhaland region from the Kenya Colony in 1926 and the Special District Ordinance of 1934. Between 1946 and 1948 the British Government through its Foreign Minister, Ernest Bevin, attempted to unify Somali territories in the Horn of Africa and this raised Somali hopes of uni fication. The Bevin Plan collapsed because of the opposition of the United States, the Soviet Union, the French and Ethiopian leaders. Similar hopes of NFD Somali unification were raised hetween 1958 and 1963 because of the unification of the former British Somali land and Italian Somaliland. Due to the imminent end of British colonial rule in Kenya, the NFD Somali leaders demanded secession from Kenya to join up with the nascent Somali republic. But the NFDSomali hopes of unification with the Somali Repuhlic were dashed by 1964 because of the same opposition provided by the United States, the French and the Ethiopians. The British Government were all along half-hearted towards Somali unification attempts even though the field administrators adopted a pro-Somali attitude to the issue. In the early 1960s, however, the NFD Somali leaders were faced with the additional opposition of the new KANU government in Kenya. In 1964 the failure of the NFD Somalis to secede from Kenya led to the guerrilla war, what the Kenyan government called the 'shifta movement', that engulfed the North Eastern Region until 1968 when the Arusha Memorandum of Understanding was signed between the Kenyan and the Somali Governments. The signing of the Arusha Memorandum of Understanding by the Kenyan and Somali Governments did not satisfy· the NFD Somalis hopes of joining the Somali Republic. The main conclusion of this thesis is that the N FD Somalis, except for few collahorators, did at no time, whether in the colonial or post-colonial eras, accept heing in Kenya. By the late 1960s the prospects of NFD Somalis unifying with the Somali Republic were, in view of the forces arrayed against the Somali secessionist movement, slim; and they have remained slim since then.
- Full Text:
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