The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya
- 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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- Date Issued: 2018
A critical analysis of ethnic conflict in Kenya : the politicisation of ethnicity in Kenya subsequent to the 2007 elections
- Authors: Daweti, Siyabulela
- Date: 2014
- Subjects: Ethnic conflict -- Kenya , Kenya -- Politics and government
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8345 , http://hdl.handle.net/10948/d1020780
- Description: This study examines the interface between Kenyan politics and ethnicity. More specifically it examines why ethnicity is at the core of Kenyan politics. Although this study discusses how colonialism influenced the ethnicisation of African politics, it focuses more on the era of post-colonial politics. The objective of the study is to investigate how post-colonial Kenyan leaders have shaped the content of Kenyan politics. This study explores ethnic conflicts in Kenya, more especially the 2008 conflict. In order to provide a clear framework for the analysis of Kenyan society, Zambian politics and its social dynamics were also examined in this study. In terms of political development and other variables, one could describe Zambia as Kenya’s peer. It is, therefore, an ideal country against which to evaluate Kenya. In terms research methodology, this study has taken a descriptive and an explanatory approach. Thematic and content analysis has also been employed as data analysis methods. This study has established that the manner in which Kenyan politics are organised is centred on ethnicity. The study found that Kenya’s unique political and social components have predisposed Kenya to ethnic conflicts. For example, a political future within Kenyan political parties and in public office is heavily influenced by one’s ethnicity. Ethnicity also plays a role in the nature of political coalitions. As a solution to the Kenyan problem, this author has recommended that Kenya’s politics (and political campaigns) be based on issues related to the development of Kenyan society, rather than ethnicity. Those in public office should also elevate national identity above ethnic identity.
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- Date Issued: 2014
Political party institutionalization : a case study of Kenya
- 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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- Date Issued: 2014
The role of the press in political conflicts in Kenya : a case study of the performance of the nation and the East African Standard Newspapers
- Authors: Nyambuga, Charles Ongadi
- Date: 2011
- Subjects: Press and politics -- Kenya , Government and the press -- Kenya , Mass media -- Political aspects , Kenya -- Politics and government
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:16135 , http://hdl.handle.net/10948/1449 , Press and politics -- Kenya , Government and the press -- Kenya , Mass media -- Political aspects , Kenya -- Politics and government
- Description: This study focuses on the role of the press in violent political conflicts in Kenya in the period that preceded the 2005 referendum on the draft constitution. Based on media reports, six major thematic areas of concern emerged during constitution making. These were: land tenure, devolution of power, the executive, the legislature, the Bill of Rights, and the provincial administration. These sections of the draft constitution caused a remarkable divergence of opinion. The citizens either supported or opposed the draft constitution on the basis of how the draft had treated those sections in the draft constitution. Besides the major thematic areas, newspapers regularly focused and reported on ethnicity, violence, political leaders‟ utterances, the process of constitution making, and political conflicts. Three main objectives guided the study. The first objective focused on the relationship between media content and different levels of political conflict. The influence of media content and how these may have led to high political conflict, medium political conflict, low political conflict and no political conflict, are tested in this study. The second objective highlighted the kind of coverage that the draft constitution got during the period that preceded the referendum in November, 2005. This objective facilitated interrogation of media content and whether media content focused on aspects of the draft constitution such as land ownership, the executive, devolution, the legislature and religion, as highlighted in the draft constitution of Kenya 2005. The third objective examined the thematic emphasis that the media undertook in the period that preceded the referendum. The themes that were dominant in the period before the referendum could have impacted on readers' perceptions of the critical issues that could have informed the voters' decisions. Three primary questions were addressed in the study: Firstly, was there a link between media content and different levels of political conflict in weak democracies such as Kenya? Secondly, did media content influence ethnicity and did it encourage ethnic conflict in diverse societies? Finally, what were the key thematic areas of coverage by the press, and how were they used during the referendum? In order to study these research objectives, I used a combination of theories to enhance understanding of the interplay between media content and audience in the society. The theories are: agenda setting, two-step flow, priming, framing, and the public sphere. The study adopts a triangulation convergence design in mixed- methods research that involves both qualitative and quantitative methods. A structured questionnaire and content analysis were used to seek responses to the research questions of the study and to meet the stated objectives. The research revealed that the two newspapers under investigation, namely the East African Standard and the Nation, provided more coverage to issues that were not central to the content of the draft constitution, such as political leaders' utterances, violence, ethnicity, and the process of constitution making. This showed that the newspapers tended to sensationalise issues instead of providing objective coverage of political matters. These newspapers used their opinion pages to educate their readers on how the referendum was turning violent. The theme of political leaders' utterances is closely linked to that of violence. This suggests that the violence was influenced by some of the leaders' statements. These utterances, and more so those that touched on ethnicity, could therefore have been a potential cause of the ensuing political conflicts during the 2005 referendum on the draft constitution. The findings reveal that newspaper editors tended to focus on political conflict at the expense of the actual content of the draft constitution. This would have provided insight and knowledge on the document and avoided sensational reporting, which could have contributed to violent political conflicts during the period that preceded the referendum on the draft constitution of Kenya.
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- Date Issued: 2011
Effectiveness in monitoring and evaluation (M&E) for reforms at programme level with some emphasis on involvement of stakeholders
- Authors: Ondego, Rinah Talu
- Date: 2010
- Subjects: Kenya -- Politics and government , Kenyan -- Economic conditions
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9059 , http://hdl.handle.net/10948/1403 , Kenya -- Politics and government , Kenyan -- Economic conditions
- Description: Kenya's Vision 2030 is a long-term development strategy for the country. The ultimate goal and mandate for all pillars of governance to adhere too. The bible for every man, woman and child, who call this nation its home. The aim of is to create "A globally competitive and prosperous country with a high quality of life by the year 2030, transforming Kenya into a newly-industrializing middle-income country, providing a high quality of life to all its citizens in all its citizens in a clean and secure environment" (Kenya Vision 2030) Implementation of the vision will be through medium-term plans of five year cycles. The vehicle the Government has chosen is Results Based Management. Results-Based Management (RBM) was introduced in Kenya in 2003 by the NARC Government. Several initiatives have been undertaken to institutionalize RBM in all MDAs. Due to this, there is a tremendous paradigm shift from processes to results. However, the systems in place have not only no clear guidelines of engaging stakeholders but also M&E systems in place measure only the outcomes and not how these outcomes were achieved. Thus making reporting ‘Results for Kenyans’ a tedious exercise. This study examined the impact of stakeholder engagement and the effectiveness of monitoring and evaluating in the achievement of Vision 2030. The study was conducted at the Public Service Transformation Department (PSTD). Stratified sampling was used to draw a sample of 30 government officers, and four key informants based on their departments and accountabilities. Both quantitative and qualitative data was collected using structured questionnaires, interview guides and direct observation. Quantitative data was then analyzed using SPSS and presented by way of frequency distribution tables, percentages, graphs, and models. Qualitative data was collated and presented in narrative form. The study found out there is similarities in both M&E and Stakeholder Engagement in there are systems in place. Both have established systems at the National level, (NIMES) for M&E and Public Private Partnerships there was none at the institutional level. Many of indicators for M&E are set at the top and imposed on the operational staff. Key informant interviews revealed that the existing system was not sustainable and would be an ideal point for entry of distortion and strategy dysfunction. Stakeholder Engagement has no policy or legislative framework to work from thus making the exercise look like a publicity stunt whenever Government seeks a consultative process especially when it comes to the ordinary "Mwananchi" (Swahili word for citizens/people). The study has established an urgent need to develop an institutional M&E system for tracking, measuring, evaluating and reporting the progress of results for Kenyans, a framework and policy to be created to encompass all manner of stakeholder engagement not only engagement with the private sector. This would make it easier on both the Institution that houses reform (PSTD) and the Central Government not only to gage how far or how near the country is attaining its ultimate goal of Vision 2030 but also reporting back and engagement with its stakeholders will be much easier, less tedious it would became "business as usual" thus creating accountability and transparency resulting in winning the war on Corruption.
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- Date Issued: 2010
An analysis of the 2007 general elections in Kenya: a political leadership perspective
- Authors: Wanjiru, Stephanie M
- Date: 2009
- Subjects: Elections -- Kenya , Kenya -- Politics and government
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8170 , http://hdl.handle.net/10948/1082 , Elections -- Kenya , Kenya -- Politics and government
- Description: On 27 December, 2007, Kenyan citizens took to the polls for the fourth time since multiparty democracy was introduced in 1992. The sentiment was that democracy was finally coming of age in this East African country. For many, these elections represented a turn in the country’s democratic process that would bring change in the areas of justice, food, shelter, education and employment to all – as these were the main campaign promises. Instead, at the conclusion of the voting and at the beginning of the tallying process, the electorate erupted violently at the suspicion and eventual reporting of the process being rigged. One of the main subjects discussed in this study includes the argument that Kenya is ailing from a lack of responsible political leadership. The breed of Kenyan politicians that have been experienced in the country since it gained its independence from British colonialists in 1963, have plundered its resources – material and human – to the brink of war. It is no longer a valid argument that Africa, just because of a history of governments looting and plundering the vast resources that belong to the world’s poorest of the poor, in particular Kenya produces bad leaders. The second topic of discussion in this study questions the role of ethnic mobilisation during the elections. It is well documented by authors such as Cowen and Kanyinga (in Cowen and Laakso (eds.) 2002: 128-171) that ethnicity in Kenya, under the machinations of irresponsible political leaders, has in the past played a critical part in rallying one political party against another. The 2007 General Election was no different. The contested presidential election results were announced on 30 December, 2007, declaring another term of office for the incumbent president, Mwai Kibaki. Since that announcement, thousands of people were reported dead while hundreds of thousands were considered displaced. The chaos was followed by a long mediation process kicked off with the AU chairman, John Kufuor, president of Ghana, hosting a number of talks between the two parties. However, this did not bear much fruit as the two conflicting parties could not agree on the main issue of the creation of a position of Prime Minister for Raila Odinga to 7 fill. This was then followed by a more successful mediation process hosted by the Elders1 including former United Nations (UN) secretary general, Kofi Annan, Graça Maçhel and Benjamin Mkapa, as indicated by The Daily Nation newspapers throughout the month of January 2008. It is with this background that the study will now turn to the discussion about the context of the research, its objectives, rationale, motivation and the research design
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- Date Issued: 2009
Consolidation of democracy and political culture: an analysis of young elites and the media, the case of Kenya
- Authors: Nzioki, Samuel Mutinda
- Date: 2007
- Subjects: Democracy -- Kenya , Political culture -- Kenya , Kenya -- Politics and government
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8248 , http://hdl.handle.net/10948/586 , http://hdl.handle.net/10948/d1011680 , Democracy -- Kenya , Political culture -- Kenya , Kenya -- Politics and government
- Description: Democratisation and commitments to transitions to democratic systems has gained momentum as a currency, a necessity, with regard to socio-political and economic development for Africa. In the period following the end of the Cold War in the late 1980’s, there was heightened concern over the pseudo-democratic political establishments in Africa whose negative impact on their economies was blameable for a marked lack of public goods. Political scholars and agencies of Industrialised countries attributed this to stagnation on democratisation process, where consolidation stage of African democracies remains elusive. Kenya is a case and point. This study seeks to contribute to the ensuing debate of crafting versus preconditions to democratic consolidation in Africa. It takes the position that it is the political elite who are the principal agents in designing institution based democracies upon which other socio-economic developments can stand. By focusing on Kenya the study seeks to show that, up to the present moment, the cycle of Kenya’s unconsolidated democracy has been prevailed over by elites’ weakness to commit to deepening democratic values. A sign of hope is therefore in the potential and promise in the emerging young elite in crafting a consolidated democracy in Africa. By focussing on a generational change in leadership, one sees the possibility for Africa to embark on a clearly mapped out and self designed path towards democratic consolidation, led by a younger generation of professional elites. These are not weighed down by postcolonial nationalistic ideals. Their potential and level of commitment to democratic consolidation however needs to be examined. Increased pressures of Westernisation as an after effect of globalisation may have altered/impacted the young elites’ political consciousness and dedication to the African locales. This study thus posits that in order to gauge their inclination to crafting a consolidated democratic landscape of the continent, their political culture must be put under scrutiny. By examining the political culture of the Kenyan young elite this study concluded that more needs to be done to inspire political participation and involvement in this generation. There is general feeling of contentment with the status quo with all its flaws and unchanging poor democratic practises. More has to be done to sever the old undemocratic mentalities and replace them with fresh ideals through wide spread civic education, by using effective instruments like the media and avenues like a reformed school curriculum.
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- Date Issued: 2007
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.
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- Date Issued: 1998