This is my article from the November 2010 issue of Africa Law Today on the death penalty in Kenya under the new constitution. The article also analyzes Mutiso v. Republic, in which the Kenyan Ct. of Appeal struck down the mandatory death penalty for murder (July 2010).
Our fourth Impact Forum was held on January 27, 2016 at Soho House in NYC on the topic of Immigration & Borders. Our brief aims to inform the Impact community on key questions on the subject from a political & social impact perspective: What makes a sensible immigration policy? How should borders define citizenship, residency, and rights? 26% of the U.S. population is either a first- or second-generation immigrant. It is estimated that 30% of New York residents are born outside of the United States. The Impact community joined a panel of top experts on immigration-related policy and social justice for a dialogue on the future of the US immigration system, hosted at the Soho House.
Learn more about Impact Borders here:
https://impactborders.splashthat.com
The document compares and contrasts the legal systems of Hong Kong and the United Kingdom. Some key points:
- Hong Kong's legal system draws from the Basic Law, common law, and statutes, while the UK has an uncodified constitution embodied in legal documents.
- Crime rates are lower in both places compared to global averages, with about 1 crime per 139 people in Hong Kong and 1 per 15 people in the UK.
- Laws around issues like rape, homicide, and burglary differ in terms of definitions and punishments between the two locations.
- Cultural factors also influence crime rates and perspectives on certain laws.
This document summarizes key issues regarding election systems in New York and the United States, focusing on campaign finance, access to voting, and voter eligibility. It provides a brief history of laws and debates around each issue area. For campaign finance, it discusses the history of expenditure limits, contribution limits, disclosure requirements, and public financing. For access, it examines voting methods and identification requirements. For eligibility, it outlines who is allowed to vote. The document also summarizes current debates around strengthening enforcement of campaign finance laws in New York State.
The document discusses the constitutionality of Chuuk State seceding from the Federated States of Micronesia (FSM). It provides background on Chuuk State's Political Status Commission and its recommendation that Chuuk secede and become an independent republic. It also discusses debates around secession in the FSM Constitutional Convention of 1975 and the lack of an explicit prohibition on secession in the final FSM Constitution.
1. The document discusses the potential local impacts of laws like the USA PATRIOT Act and executive orders on the Chico Police Department, including increased surveillance of citizens, cooperation with federal Joint Terrorism Task Forces, and enforcing immigration law.
2. Key impacts could include surveillance of political and religious groups, delayed search warrants, increased cyber monitoring, and gathering records from libraries and businesses without notifications.
3. The Chico Police Department may be called on to join an FBI-led task force and engage in more local surveillance related to counterterrorism duties.
Examination of the content of the federal constitutionLatifah Kaiyisah
The document discusses key aspects of the Malaysian constitution and society, including:
1) The Malaysian constitution blended indigenous and imported ideas to create a unique form of government, balancing Malay-Muslim features with provisions for a multi-racial society.
2) The constitution provides for citizenship, freedom of religion, education, language, cultural diversity, and special rights for Sabah and Sarawak that have supported Malaysia's record of racial, cultural and religious tolerance.
3) While Islam is the religion of the federation, the constitution guarantees freedom of religion for all and the right to practice, profess and propagate one's own religion without discrimination.
Conditions of activists and the Freedom of Expression in KuwaitSabine Hassoun
The document provides an overview of Kuwait, including its geography, population, economy, legal system, and human rights issues. It notes Kuwait has restrictions on freedom of speech and assembly, and security forces have abused prisoners and protesters. The document outlines laws limiting media freedoms and online activism. Several cases are described of activists being arrested or imprisoned for insulting officials or neighboring states on social media. The basis of a refugee claim from an activist in Kuwait would be fear of persecution due to their political opinions or membership in a particular social group.
This document discusses key concepts relating to property rights and deprivation of property under the Malaysian Constitution. It defines key terms like "person", "property", and explains the scope of these terms based on case law. It also summarizes protections against deprivation of property, including that deprivation must be "in accordance with law" and must provide "adequate compensation". It discusses debates around whether Malaysia can be considered an Islamic state given the Constitution's secular foundations and provisions allowing Islamic laws for Muslims. The document takes an in-depth legal look at concepts important for understanding property rights under the Malaysian Constitution.
Our fourth Impact Forum was held on January 27, 2016 at Soho House in NYC on the topic of Immigration & Borders. Our brief aims to inform the Impact community on key questions on the subject from a political & social impact perspective: What makes a sensible immigration policy? How should borders define citizenship, residency, and rights? 26% of the U.S. population is either a first- or second-generation immigrant. It is estimated that 30% of New York residents are born outside of the United States. The Impact community joined a panel of top experts on immigration-related policy and social justice for a dialogue on the future of the US immigration system, hosted at the Soho House.
Learn more about Impact Borders here:
https://impactborders.splashthat.com
The document compares and contrasts the legal systems of Hong Kong and the United Kingdom. Some key points:
- Hong Kong's legal system draws from the Basic Law, common law, and statutes, while the UK has an uncodified constitution embodied in legal documents.
- Crime rates are lower in both places compared to global averages, with about 1 crime per 139 people in Hong Kong and 1 per 15 people in the UK.
- Laws around issues like rape, homicide, and burglary differ in terms of definitions and punishments between the two locations.
- Cultural factors also influence crime rates and perspectives on certain laws.
This document summarizes key issues regarding election systems in New York and the United States, focusing on campaign finance, access to voting, and voter eligibility. It provides a brief history of laws and debates around each issue area. For campaign finance, it discusses the history of expenditure limits, contribution limits, disclosure requirements, and public financing. For access, it examines voting methods and identification requirements. For eligibility, it outlines who is allowed to vote. The document also summarizes current debates around strengthening enforcement of campaign finance laws in New York State.
The document discusses the constitutionality of Chuuk State seceding from the Federated States of Micronesia (FSM). It provides background on Chuuk State's Political Status Commission and its recommendation that Chuuk secede and become an independent republic. It also discusses debates around secession in the FSM Constitutional Convention of 1975 and the lack of an explicit prohibition on secession in the final FSM Constitution.
1. The document discusses the potential local impacts of laws like the USA PATRIOT Act and executive orders on the Chico Police Department, including increased surveillance of citizens, cooperation with federal Joint Terrorism Task Forces, and enforcing immigration law.
2. Key impacts could include surveillance of political and religious groups, delayed search warrants, increased cyber monitoring, and gathering records from libraries and businesses without notifications.
3. The Chico Police Department may be called on to join an FBI-led task force and engage in more local surveillance related to counterterrorism duties.
Examination of the content of the federal constitutionLatifah Kaiyisah
The document discusses key aspects of the Malaysian constitution and society, including:
1) The Malaysian constitution blended indigenous and imported ideas to create a unique form of government, balancing Malay-Muslim features with provisions for a multi-racial society.
2) The constitution provides for citizenship, freedom of religion, education, language, cultural diversity, and special rights for Sabah and Sarawak that have supported Malaysia's record of racial, cultural and religious tolerance.
3) While Islam is the religion of the federation, the constitution guarantees freedom of religion for all and the right to practice, profess and propagate one's own religion without discrimination.
Conditions of activists and the Freedom of Expression in KuwaitSabine Hassoun
The document provides an overview of Kuwait, including its geography, population, economy, legal system, and human rights issues. It notes Kuwait has restrictions on freedom of speech and assembly, and security forces have abused prisoners and protesters. The document outlines laws limiting media freedoms and online activism. Several cases are described of activists being arrested or imprisoned for insulting officials or neighboring states on social media. The basis of a refugee claim from an activist in Kuwait would be fear of persecution due to their political opinions or membership in a particular social group.
This document discusses key concepts relating to property rights and deprivation of property under the Malaysian Constitution. It defines key terms like "person", "property", and explains the scope of these terms based on case law. It also summarizes protections against deprivation of property, including that deprivation must be "in accordance with law" and must provide "adequate compensation". It discusses debates around whether Malaysia can be considered an Islamic state given the Constitution's secular foundations and provisions allowing Islamic laws for Muslims. The document takes an in-depth legal look at concepts important for understanding property rights under the Malaysian Constitution.
FATA still longs for constitutional rightsKhan Zeb
1. The author calls for abolishing the century-old British Frontier Crime Regulation law that governs Pakistan's Federally Administered Tribal Areas and deprives residents of constitutional rights.
2. While recent amendments have allowed bail and appeals, exempted women and children from arrest, and described this as a first step, the law still violates human rights and needs further reform.
3. The tribal people are demanding full constitutional rights and abolition of the colonial law, as amendments have not met their demands for equal treatment under Pakistan's constitution.
This document provides geographic, demographic, political, and historical information about Nigeria. It notes that Nigeria is located in Western Africa, bordering Benin, Cameroon and other countries. Nigeria has a population of over 174 million, making it Africa's most populous country. It has over 250 ethnic groups and was a British colony that gained independence in 1960. The country continues to face challenges including corruption, economic issues, and ethnic/religious tensions.
The document discusses India's citizenship laws and provisions. It provides details on various routes to acquire Indian citizenship like by birth, descent, registration, naturalization or incorporation of territory. It also discusses loss of citizenship by renunciation, termination or deprivation. The document mentions Sonia Gandhi acquired Indian citizenship through naturalization. It also explains overseas citizenship of India (OCI) scheme which allows persons of Indian origin to get OCI cards with certain benefits without relinquishing their foreign citizenship.
Test the indicators of IPDC on the Media situation of BangladeshM Imran Hossain
The International Program for the Development of Communication (IPDC) is a United Nations Educational, Scientific and Cultural Organization(UNESCO) program aimed at strengthening the development of mass media in developing countries.
Debate in the South African Parliament on alMarina Henry
The document summarizes a debate that took place in the South African National Assembly regarding Omar al-Bashir's visit to South Africa while an ICC arrest warrant was active against him for war crimes in Darfur. The Democratic Alliance criticized the government for violating its constitution and failing victims in Darfur by letting al-Bashir leave without arrest. Other opposition parties also criticized the government but had reservations about the ICC. The ANC government defended its actions by arguing al-Bashir had immunity as an AU guest and that peace in Darfur was more important than immediate justice. It threatened to withdraw support for the ICC if reforms were not made. An investigation into the government's actions is ongoing.
The new Criminal Procedure (Identification) Bill 2022 proposes to allow police and prison authorities to collect, store and analyze sensitive biological and physical data of convicted persons, arrestees, and detainees. This includes retina scans, iris scans, fingerprints, and DNA. It aims to modernize identification techniques. However, critics argue it violates privacy, empowers authorities excessively, and could be misused on protesters. It also proposes sharing this data with other agencies for 75 years. Opposition parties have termed the bill "unconstitutional" and an "attack on privacy". Some states like Karnataka and Tamil Nadu have passed similar laws but with the President's approval.
This document summarizes key provisions related to equality and non-discrimination under Articles 8, 9, 12, and 153 of the Malaysian Federal Constitution. It discusses features like absence of privilege, equal punishment, procedural fairness, and proportionality under Article 8(1). It also outlines protected categories under Articles 8(2), 8(3), 8(4), 12(1), 136 and exceptions listed under Articles 8(5), 145(3), 145(3A). Finally, it summarizes rights to freedom of movement and residence for citizens under Articles 9(2) and 9(3), and exceptions to these rights.
'Silence is a war crime'
Overlooking the political situation in Bahrain will not detract from the blatant human rights violations. A very brief summary of a few violations which go against articles in the Universal Declaration of Human Rights (UDHR). Many links throughout, which will lead you onto sources regarding statistics and more information.
- Was presented to those who were unaware that Bahrain existed let alone of the situations present-
(Recommended to download if wishing to view, as hyperlinks are more easily accessible)
An Open Response to the Prime Minister of Belize--by Lisa Shoman, Attorney at...Myrtle Palacio
This document is an open response to the Prime Minister's letter clarifying the Belize Constitution (Ninth Amendment) Act 2011. It argues that the Act undermines the separation of powers and the judiciary's ability to check the executive and legislative branches. It cites several other countries where courts have found limits on a legislature's power to amend the constitution. The response calls for a referendum or constitutional convention to allow Belizeans to have a say in the proposed changes.
In this blog post I go over how Angola's government system works from executive to legislative and also go over their electoral system, among other facts.
Comparison between media system of USA and PakistanZaibunnisa73
The ppt is about the comparison of media laws and system between United states of America and Pakistan.
Key points are:
Press Laws
Media Regulations
Press Freedom
Normative Model
Constitutional Law 5 - Rts of Accused PersonsKevin YL Tan
The document discusses key provisions in Part IV of the Singapore Constitution relating to fundamental liberties and human rights, including Articles 9, 11-15. It analyzes judicial interpretations of these rights to liberty, equal protection, freedom of speech and religion. It also examines how these rights can be overridden by legislation passed under the Internal Security Act for reasons of public security and emergency powers in Article 149.
This document provides an update on the Philippines peace process between the government and the Moro Islamic Liberation Front (MILF) from 2012-2015. It outlines the Framework Agreement and Comprehensive Agreement signed in 2012 and 2014 that provide for greater autonomy in the Bangsamoro region. However, implementation has faced challenges including legal complications in passing a Bangsamoro Basic Law, violence from other rebel groups like the MNLF, and incidents like the Mamasapano clash that killed 44 police officers. While progress has been made, full disarmament of rebels and creating lasting stability and peace remains difficult to achieve.
This document provides an overview of civil rights and citizenship in the United States. It discusses the changing demographics of the population, including growing racial minority and women populations. It then examines discrimination against African Americans and women, as well as key court cases and legislation aimed at promoting equal protection and reducing discrimination, such as the Civil Rights Acts of 1964 and 1968. The document also discusses citizenship, including acquisition of citizenship by birth or naturalization and loss of citizenship, as well as immigration and regulation of undocumented immigrants.
Iraq is a federal parliamentary republic located in the Middle East between Iran and Kuwait. Nouri al-Maliki has been the Prime Minister of Iraq since 2006, exercising executive power. Iraq has a multi-party system with power shared between the Prime Minister, President, and Council of Representatives. The country continues to struggle with corruption and instability following the US-led invasion that overthrew Saddam Hussein's government in 2003.
This document discusses how the British constitution is under threat from Parliament gaining power over foreign policy decisions that were traditionally under the royal prerogative and prime ministerial authority. It analyzes key votes in Parliament on military action in Iraq, Libya, and Syria since 2003 that have set a precedent for Parliamentary involvement. The document argues that this shift is unconstitutional and damages national security by compelling the prime minister into policies he otherwise would not pursue and introducing partisanship into critical foreign policy decisions.
The document summarizes the major proposals from the Constitutional Committee to revise the 1987 Philippine Constitution and adopt a federal system. It is proposed that the country be transformed into a Federal Republic comprised of 18 federated regions. Power would be distributed between the federal government and the regions. The federal government would be responsible for defense, foreign affairs, currency, while the regions would handle infrastructure, tourism, and economic development. It is also proposed to establish four new high courts to divide the judicial powers and help speed up case resolution.
Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: A...Salman
The paper titled as Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: Analyses and A Way Forward written by Arshad Mahmood and was published in a Research Journal of Fata Research Center Name as TIGAH V3
Careers in international and comparative criminal justiceAndrew Novak
This document provides information about career opportunities in international and comparative criminal justice, including international internships with agencies like the International Criminal Court and United Nations Office of Drugs and Crime. It also lists relevant US government agencies and departments like the State Department, Justice Department, and Treasury. Additional opportunities include work with non-governmental organizations, study abroad programs, and international graduate degrees in criminal justice. Resources like USAJobs.gov and assistance from the professor are also mentioned.
Organized crime involves continuing criminal enterprises that plan crimes rationally and use force, threats or corruption to avoid prosecution for their profit-seeking activities. While terrorism also resembles organized crime syndicates, its goal is political rather than financial. Organized crime engages in a wide range of illegal acts including human trafficking, drug trafficking, cybercrime, and corruption. International laws and organizations work to address these criminal activities when they cross borders.
FATA still longs for constitutional rightsKhan Zeb
1. The author calls for abolishing the century-old British Frontier Crime Regulation law that governs Pakistan's Federally Administered Tribal Areas and deprives residents of constitutional rights.
2. While recent amendments have allowed bail and appeals, exempted women and children from arrest, and described this as a first step, the law still violates human rights and needs further reform.
3. The tribal people are demanding full constitutional rights and abolition of the colonial law, as amendments have not met their demands for equal treatment under Pakistan's constitution.
This document provides geographic, demographic, political, and historical information about Nigeria. It notes that Nigeria is located in Western Africa, bordering Benin, Cameroon and other countries. Nigeria has a population of over 174 million, making it Africa's most populous country. It has over 250 ethnic groups and was a British colony that gained independence in 1960. The country continues to face challenges including corruption, economic issues, and ethnic/religious tensions.
The document discusses India's citizenship laws and provisions. It provides details on various routes to acquire Indian citizenship like by birth, descent, registration, naturalization or incorporation of territory. It also discusses loss of citizenship by renunciation, termination or deprivation. The document mentions Sonia Gandhi acquired Indian citizenship through naturalization. It also explains overseas citizenship of India (OCI) scheme which allows persons of Indian origin to get OCI cards with certain benefits without relinquishing their foreign citizenship.
Test the indicators of IPDC on the Media situation of BangladeshM Imran Hossain
The International Program for the Development of Communication (IPDC) is a United Nations Educational, Scientific and Cultural Organization(UNESCO) program aimed at strengthening the development of mass media in developing countries.
Debate in the South African Parliament on alMarina Henry
The document summarizes a debate that took place in the South African National Assembly regarding Omar al-Bashir's visit to South Africa while an ICC arrest warrant was active against him for war crimes in Darfur. The Democratic Alliance criticized the government for violating its constitution and failing victims in Darfur by letting al-Bashir leave without arrest. Other opposition parties also criticized the government but had reservations about the ICC. The ANC government defended its actions by arguing al-Bashir had immunity as an AU guest and that peace in Darfur was more important than immediate justice. It threatened to withdraw support for the ICC if reforms were not made. An investigation into the government's actions is ongoing.
The new Criminal Procedure (Identification) Bill 2022 proposes to allow police and prison authorities to collect, store and analyze sensitive biological and physical data of convicted persons, arrestees, and detainees. This includes retina scans, iris scans, fingerprints, and DNA. It aims to modernize identification techniques. However, critics argue it violates privacy, empowers authorities excessively, and could be misused on protesters. It also proposes sharing this data with other agencies for 75 years. Opposition parties have termed the bill "unconstitutional" and an "attack on privacy". Some states like Karnataka and Tamil Nadu have passed similar laws but with the President's approval.
This document summarizes key provisions related to equality and non-discrimination under Articles 8, 9, 12, and 153 of the Malaysian Federal Constitution. It discusses features like absence of privilege, equal punishment, procedural fairness, and proportionality under Article 8(1). It also outlines protected categories under Articles 8(2), 8(3), 8(4), 12(1), 136 and exceptions listed under Articles 8(5), 145(3), 145(3A). Finally, it summarizes rights to freedom of movement and residence for citizens under Articles 9(2) and 9(3), and exceptions to these rights.
'Silence is a war crime'
Overlooking the political situation in Bahrain will not detract from the blatant human rights violations. A very brief summary of a few violations which go against articles in the Universal Declaration of Human Rights (UDHR). Many links throughout, which will lead you onto sources regarding statistics and more information.
- Was presented to those who were unaware that Bahrain existed let alone of the situations present-
(Recommended to download if wishing to view, as hyperlinks are more easily accessible)
An Open Response to the Prime Minister of Belize--by Lisa Shoman, Attorney at...Myrtle Palacio
This document is an open response to the Prime Minister's letter clarifying the Belize Constitution (Ninth Amendment) Act 2011. It argues that the Act undermines the separation of powers and the judiciary's ability to check the executive and legislative branches. It cites several other countries where courts have found limits on a legislature's power to amend the constitution. The response calls for a referendum or constitutional convention to allow Belizeans to have a say in the proposed changes.
In this blog post I go over how Angola's government system works from executive to legislative and also go over their electoral system, among other facts.
Comparison between media system of USA and PakistanZaibunnisa73
The ppt is about the comparison of media laws and system between United states of America and Pakistan.
Key points are:
Press Laws
Media Regulations
Press Freedom
Normative Model
Constitutional Law 5 - Rts of Accused PersonsKevin YL Tan
The document discusses key provisions in Part IV of the Singapore Constitution relating to fundamental liberties and human rights, including Articles 9, 11-15. It analyzes judicial interpretations of these rights to liberty, equal protection, freedom of speech and religion. It also examines how these rights can be overridden by legislation passed under the Internal Security Act for reasons of public security and emergency powers in Article 149.
This document provides an update on the Philippines peace process between the government and the Moro Islamic Liberation Front (MILF) from 2012-2015. It outlines the Framework Agreement and Comprehensive Agreement signed in 2012 and 2014 that provide for greater autonomy in the Bangsamoro region. However, implementation has faced challenges including legal complications in passing a Bangsamoro Basic Law, violence from other rebel groups like the MNLF, and incidents like the Mamasapano clash that killed 44 police officers. While progress has been made, full disarmament of rebels and creating lasting stability and peace remains difficult to achieve.
This document provides an overview of civil rights and citizenship in the United States. It discusses the changing demographics of the population, including growing racial minority and women populations. It then examines discrimination against African Americans and women, as well as key court cases and legislation aimed at promoting equal protection and reducing discrimination, such as the Civil Rights Acts of 1964 and 1968. The document also discusses citizenship, including acquisition of citizenship by birth or naturalization and loss of citizenship, as well as immigration and regulation of undocumented immigrants.
Iraq is a federal parliamentary republic located in the Middle East between Iran and Kuwait. Nouri al-Maliki has been the Prime Minister of Iraq since 2006, exercising executive power. Iraq has a multi-party system with power shared between the Prime Minister, President, and Council of Representatives. The country continues to struggle with corruption and instability following the US-led invasion that overthrew Saddam Hussein's government in 2003.
This document discusses how the British constitution is under threat from Parliament gaining power over foreign policy decisions that were traditionally under the royal prerogative and prime ministerial authority. It analyzes key votes in Parliament on military action in Iraq, Libya, and Syria since 2003 that have set a precedent for Parliamentary involvement. The document argues that this shift is unconstitutional and damages national security by compelling the prime minister into policies he otherwise would not pursue and introducing partisanship into critical foreign policy decisions.
The document summarizes the major proposals from the Constitutional Committee to revise the 1987 Philippine Constitution and adopt a federal system. It is proposed that the country be transformed into a Federal Republic comprised of 18 federated regions. Power would be distributed between the federal government and the regions. The federal government would be responsible for defense, foreign affairs, currency, while the regions would handle infrastructure, tourism, and economic development. It is also proposed to establish four new high courts to divide the judicial powers and help speed up case resolution.
Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: A...Salman
The paper titled as Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: Analyses and A Way Forward written by Arshad Mahmood and was published in a Research Journal of Fata Research Center Name as TIGAH V3
Careers in international and comparative criminal justiceAndrew Novak
This document provides information about career opportunities in international and comparative criminal justice, including international internships with agencies like the International Criminal Court and United Nations Office of Drugs and Crime. It also lists relevant US government agencies and departments like the State Department, Justice Department, and Treasury. Additional opportunities include work with non-governmental organizations, study abroad programs, and international graduate degrees in criminal justice. Resources like USAJobs.gov and assistance from the professor are also mentioned.
Organized crime involves continuing criminal enterprises that plan crimes rationally and use force, threats or corruption to avoid prosecution for their profit-seeking activities. While terrorism also resembles organized crime syndicates, its goal is political rather than financial. Organized crime engages in a wide range of illegal acts including human trafficking, drug trafficking, cybercrime, and corruption. International laws and organizations work to address these criminal activities when they cross borders.
International and comparative courts and lawyersAndrew Novak
This document provides an overview of criminal justice systems around the world. It discusses the court structures and legal professions in common law countries like the UK as well as civil law countries like France, Germany, China, Japan, and Saudi Arabia. It also summarizes the International Criminal Court, describing its jurisdiction over major international crimes, how cases can be referred to it, and its judicial and administrative structures.
International and comparative sentencingAndrew Novak
This document discusses criminal sentencing definitions, purposes, and approaches in different countries. It defines mandatory and discretionary sentencing and notes tensions between sentencing uniformity vs flexibility. The main purposes of sentencing are described as retribution, deterrence, isolation, and rehabilitation. Examples are given of how England, France, China, Japan, and Saudi Arabia approach sentencing, with different cultural emphases on rehabilitation, retribution, and deterrence. Regional patterns of the death penalty are discussed.
International and comparative policingAndrew Novak
This document provides an overview of policing in several countries including the United Kingdom, France, Germany, China, Japan, and Saudi Arabia. It also discusses international policing organizations. Key details include: the UK having the first modern police force in 1829, France having a centralized force divided between national and military police, Germany having decentralized municipal and investigative police, China emphasizing citizen involvement and administrative justice, Japan having community-based policing and low crime, and Saudi Arabia having both civic and religious police forces. The document concludes with noting several international policing organizations like Interpol and Europol that facilitate cooperation.
The Kenyan Court of Appeal invalidated the country's mandatory death penalty for murder, joining Uganda and Malawi in finding this penalty incompatible with human rights norms. The mandatory death penalty, inherited from British colonial rule, provides an automatic death sentence without judicial discretion. Most former British colonies in Africa retain the death penalty in their constitutions and penal codes despite moves toward abolition elsewhere. The mandatory death penalty is facing increasing legal challenges across common law Africa as an outdated relic that denies sentencing discretion.
International and comparative imprisonmentAndrew Novak
This document outlines the topics to be covered in a course on law and justice around the world. It discusses the history and current state of imprisonment globally and in several model countries. Key issues addressed include prison overcrowding, conditions, and reforms, as well as the roles of private prisons, women in prisons, and challenges facing resource-constrained legal systems. Video clips from Thailand, South Africa, Oklahoma, and India will provide examples to supplement discussion of these topics.
This document summarizes and reviews three books about death penalty defense lawyers: The Autobiography of an Execution by David R. Dow, Angel of Death Row by Andrea Lyon, and The Last Lawyer by John Temple. All three books provide intimate perspectives on the crisis in the capital defense legal aid system and inadequate representation of many clients facing the death penalty. They also reveal aspects of what it is like to be a death penalty defense lawyer struggling against an unjust system. David Dow's book stands out for its tightly written nonlinear prose and sense of urgency in telling the stories of his clients.
This is my presentation to the conference at Ohio University on the politics of sport in Africa. My presentation was on the Rhodesian Olympic team, drawn from records at the IOC Archives and the Foreign and Commonwealth Office records at the British National Archives.
Mercy in international and comparative perspectiveAndrew Novak
This document discusses clemency and mercy in international and comparative legal systems. It defines clemency as mechanisms that allow the executive or legislature to reduce or cancel criminal convictions and punishments outside the court system. Four common types of clemency are identified: pardon, commutation of sentence, suspension or reprieve, and remission of fines or forfeitures. The document notes that clemency has declined worldwide with the rise of parole systems and increased skepticism of secretive clemency processes. However, international law requires that all death row prisoners have access to executive clemency. The factors that influence executives' clemency decisions and criticisms of clemency are also summarized.
1) The document provides tips for avoiding overgeneralization in writing. It advises establishing a clear thesis and referring to it throughout the writing process.
2) Planning paragraphs and including topic sentences for each helps avoid broad generalizations and keeps the writing focused. Gathering detailed notes and examples to support points makes the writing more credible.
3) Overly broad words like "always" and "never" can create inaccuracies, so writers should be specific when referring to groups and justify all statements with solid evidence. With a strong thesis, outline, and details, a writer can produce a flourishing essay free of overgeneralizations.
Internet search skills allow users to find information faster and more accurately from the vast resources available online. Different top-level domains like .com, .org, and .ac indicate the type of organization or website. Popular search engines include Google, Yahoo, and Bing that allow users to search the entire web. Refining searches with keywords, phrases, and operators can help narrow results. Determining the legitimacy of websites requires evaluating features like contact information, update dates, and linked sources.
"Guilty of Murder with Extenuating Circumstances: Transparency and the Mandatory Death Penalty in Botswana," Boston University International Law Journal (2009)
"Rhodesia's 'Rebel and Racist' Olympic Team: Athletic Glory, National Legitimacy, and the Clash of Politics and Sport," International Journal of the History of Sport (2006).
Overview of what's going on in the HTTP world. This is the latest version of a talk I've given in the past at Google, Bell Labs and QCon San Francisco.
Challenges of Constitution-making in Uganda.pdfssuser504dda
The document summarizes Uganda's history of constitution making and challenges of implementation. It discusses how Uganda has had 3 previous constitutions that did not satisfy the people's needs. In 1988, the NRM government established the Uganda Constitutional Commission to lead a process of popular participation and drafting a new constitution. Over 7 years, the Commission consulted widely with Ugandans before drafting the 1995 constitution, which was then debated and passed by the Constituent Assembly. However, fully implementing the constitution poses difficult challenges of internalizing it and establishing democratic institutions and practices.
Nigeria Presentation on Government of Nigeria.pptxkushalkant6
Nigeria has struggled to establish a legitimate government due to frequent regime changes, corruption, and low social services. Its political structure has been unstable with multiple military coups and periods of civilian rule. A federal system was established but competition over oil revenue and "Big Men" politics have undermined stability. Strong institutions are needed to consolidate democracy and apply federalism fairly across the country's diverse groups.
Kenya gained independence from Britain in 1963 and was considered one of the most stable countries in East Africa until political violence followed the disputed 2007 election. Over 1,000 people died in the violence that exposed fragilities in Kenya's state. An agreement in 2008 created a power-sharing government led by President Kibaki and Prime Minister Odinga. Kenya has a diverse landscape and economy but also faces threats including corruption, ethnic politics, and HIV/AIDS. The next elections are scheduled for 2012.
The document summarizes the efforts of President Corazon Aquino's administration from 1986 to 1992 to reestablish democratic institutions and processes in the Philippines after the Marcos regime. It discusses how the administration established political freedom, free elections, an independent judiciary and bicameral legislature, freedom of expression, and helped restore peace and order. This included peace talks with communist insurgents and regional secessionist groups, as well as programs to support rebel returnees and encourage development in conflict-affected areas.
Running Head Week 5 Assignment 31Week 5 Assignment 35.docxagnesdcarey33086
Running Head: Week 5 Assignment 3
1
Week 5 Assignment 3
5
Political Situation in Kenya
Emre Basak
ENG 215
Professor:Amy L. Williams
Strayer university-Arlington campus
11/27/13
Kenya is in danger of continuance the violence that marred in 2007 presidential election, throughout that 133 died and nearly 60 million was displaced from their homes. Political order in African country nearly folded. Ending the crisis needed two months of negotiations mediate by former United Nations secretary-general Kofi Annan and supported by the US and its partners. The negotiations resulted during a power-sharing agreement between the two adversaries within the election, President Mwai Kibaki and Raila Odinga called the National Accord, the deal elevated Odinga to the post of prime minister and provided for the writing of a replacement constitution to deal with the causes of the conflict.
Kenya's next elections, to be persevered March four and April eleven, 2013, are arguably the foremost necessary and sophisticated since the country's come to multiparty politics 20 years past. If the elections are mostly peaceful and viewed as "free and truthful," they are going to bring Kenya's new formation, adopted in 2010, totally into force and advance the country's progress toward changing into a contemporary democratic state. Conversely, if the elections are marred by widespread violence and perceived as illegitimate by the Kenyan public, they're possible to plunge the country into a revived amount of political instability and set back Kenya's democratic advance. A breakdown within the electoral method also will do serious hurt to Kenya's economy that has been acting well in recent years.
Since African country is that the "anchor state" of geographic area, a chronic political and economic condition also will hurt neighboring countries. Specially, two major U.S. policy goals within the region—preventing African country from changing into a secure haven for terrorists and nurturing peace between Sudan and South Sudan—could be compromised. The us, therefore, ought to work with efficiency with all parties involved to make sure that the forthcoming elections are peaceful, free, and fair.
Six factors create the prospects for electoral violence notably high within the run-up to and within the immediate aftermath of the 2013 elections:
As in previous elections have shown the leading of presidential candidates area unit mobilizing voters on ethnic lines. This is often leading to a polarized citizens and outbreaks of violence between the members of rival ethnic teams. Kenyan politics have traditionally been contests during which the leaders of the country's largest ethnic teams type ethnic coalitions among themselves and with the leaders of smaller teams to dominate their rivals. Ethnic fault lines run deep as a result of the country is split into five massive teams that represent sixty eight p.c of the population—the Kikuyu and connected teams (21 percent), the Luhya (14 p.
Human Rights Case study Report article.odt.RevisedElvis Lemiso
The document summarizes instances of government suppression in Kenya between October 2015 and January 2016. It discusses how the government passed laws to limit media freedom and crack down on critical reporting. It also describes how civil society groups and NGOs faced harassment, arrests of journalists and activists for their work. The deregistration of over 900 NGOs in October 2015 is presented as another tactic used by the government to suppress dissent and civic participation. Overall, the document argues that these actions by the government violate constitutional protections of freedom of expression and association.
Protecting civic space in Kenya IHoughton SMuchai March 2014irunguh
The document summarizes events in Kenya in November 2013 when proposed amendments to the Public Benefits Organizations Act were brought before the National Assembly. The amendments would have significantly restricted civic space and foreign funding for NGOs. Through research, representation, media engagement and public protests, a CSO Reference Group was able to defeat the bill. Key strategies included impact assessments showing the development harm, meetings with MPs, an online petition, and social media campaigns. Narrowly, 83 MPs voted against the bill compared to 73 who voted for it, preserving the independence of Kenya's civil society sector. The conclusion warns that constitutionalism must underpin such progressive laws to prevent future threats to civic freedoms.
This document provides an overview of the laws and regulations affecting media in Kenya and their overall effect. It discusses objectives of press laws, relevant sections of Kenya's old and new constitutions, and several Acts of Parliament that impact media freedom. Key laws discussed include the Books and Newspapers Act, Penal Code, Official Secrets Act, and others. The conclusion is that while the new constitution enhanced media freedoms, many domestic laws undermine speech and limit media freedom by being retrospective, punitive, and restrictive. The overall net effect is that Kenyan laws severely restrict press freedom and breach constitutional protections for journalists.
The document summarizes the many difficulties Pakistan faced after its creation in 1947, including refugee crises, territorial disputes, lack of resources and infrastructure, and constitutional challenges. It outlines Quaid-e-Azam Muhammad Ali Jinnah's early efforts to establish a constitution through the first Constituent Assembly. After Jinnah's death, successive prime ministers and committees worked to resolve disagreements over constitutional frameworks, with the Objectives Resolution of 1949 and the 1956 Constitution establishing Pakistan as an Islamic republic with a parliamentary democracy. However, political instability and conflicts continued to plague the young nation.
A historical background to kenya’s constitutional reform processLyla Latif
This document summarizes Kenya's constitutional development from pre-independence to 1991. It describes the three colonial constitutions passed in 1954, 1958 and 1960 that established multiracial governance but did not satisfy African demands for independence. The 1963 independence constitution established a federal system that was replaced in 1964 with a unitary system concentrating power in the presidency. From 1964 to 1991, frequent constitutional amendments weakened checks on executive power and concentrated authority in the increasingly authoritarian presidency, distorting the separation of powers.
This document summarizes the constitutional development in Nigeria from 1914 to 1999. It discusses the various constitutions introduced during the colonial period by the British to consolidate imperial control, which Nigerians had little involvement in drafting. Post-independence, military regimes utilized constitution drafting to consolidate and prolong their rule. The 1999 constitution is considered a hasty product of the departing military junta. It retains aspects of centralized power from the military era, contributing to calls for its amendment.
The document discusses several key aspects of the UK constitution:
- It defines a constitution as establishing power distribution, relationships between institutions, limits on government power, and citizen rights.
- The UK constitution is largely uncodified, with power concentrated in Parliament, but devolution has decentralized some authority.
- New Labour oversaw several reforms between 1997-2010, including removing most hereditary peers, establishing devolved assemblies, codifying freedom of information and human rights, and increasing judicial independence.
The ICC prosecutor is monitoring the situation in Kenya following the 2007 post-election violence where over 1,500 people were killed. In 2008, Kenya's main opposition party submitted communications to the ICC alleging crimes against humanity by the government. The ICC is analyzing information to determine if an investigation is warranted. Kenya has been working to establish a domestic tribunal to address the crimes.
The document discusses the advantages and disadvantages of written and unwritten constitutions. It then provides background on the Philippines adopting a new written constitution in 1987 after the People Power Revolution ousted Ferdinand Marcos. President Aquino established a Constitutional Commission to draft a new constitution to replace the previous 1973 version enacted under martial law. After four months of debate, the Commission completed a draft that was then ratified in a February 1987 plebiscite with over three-fourths of voters approving.
The document provides an overview of the history and roles of civil societies in Kenya. It discusses how civil societies first emerged in the 1920s to fight colonial oppression and advocate for citizens' rights. They played a key role in Kenya's independence movement and transition to multiparty democracy. Today, civil societies address a wide range of issues like fighting disease, advocating for disabled peoples' rights, and promoting peace. However, tensions sometimes arise between civil societies and the government, which sees some as anti-government. The document also profiles one social entrepreneur working to promote employment for youth with disabilities.
The document discusses Colombia's constitutions prior to 1886, including that:
- Colombia had 10 constitutions before 1886. Slavery was abolished in 1853.
- Early constitutions guaranteed civil liberties and separated government into executive, legislative, and judicial branches. They also afforded preferential treatment to the Catholic church.
- Constitutions restored strong executive powers to the president, including declaring states of siege during war or unrest.
- Amendments have changed presidential terms, added social policies, strengthened independence of the judiciary, and granted women political rights equal to men.
The Kenya African National Union (KANU), which had ruled Kenya since independence, suffered a major defeat in the 2002 general election. The opposition coalition National Alliance Rainbow Coalition (NARC) won a majority of seats, and its leader Mwai Kibaki was sworn in as the new president. KANU's defeat was due to several factors, including less financial support from KANU leaders for its candidate Uhuru Kenyatta compared to past elections, strong showings by NARC in several key regions, and signals from former president Daniel arap Moi that he would accept a Kibaki victory. The new Kibaki government has a mandate to address Kenya's economic and social problems and tackle corruption
ARI Briefing Note, Party rules - Consolidating power through constitutional r...Nick Branson
Tanzania has a history of contested constitutional reform since 1964 that has primarily served to consolidate executive power and preserve one-party dominance. Despite recommendations from legal experts and citizen participation in reform processes, successive presidents and the ruling CCM party have directed debate and ignored proposals for truly overhauling the constitution. The latest reform effort in 2013-2014 again failed to address the core issue of the union structure due to CCM opposition to establishing a federal system with its own governments for the mainland and Zanzibar. This has prolonged tensions between the two parts of the United Republic.
This document contains 57 questions about Colombia's constitutions, government, and history. It asks about topics like the number of constitutions before 1886, elements they introduced, achievements of the 1886 constitution, when slavery was abolished, the president's role and powers, constitutional amendments, the concept of a state of siege, the position of the Catholic Church, plebiscites, the executive and legislative branches, and the administrative divisions of government. The questions cover Colombia's constitutions, political system, and administrative structure in detail from the 1800s through the late 20th century.
Colombia and The Region - an strategical viewAlvaro Uribe V.
The document summarizes Alvaro Uribe Vélez's remarks about Colombia's success in reducing violence over the last nine years under his administration. It describes how Colombia went from a nation considered at risk of becoming a failed state in 2002 to experiencing the lowest violence levels in two decades by 2010. Uribe attributes this success to regaining citizen confidence and mobilizing the nation around three pillars: democratic security, investment with social responsibility, and social cohesion. Key policies and changes are outlined, including strengthening security forces, increasing economic growth and social programs. Challenges remaining for Colombia and opportunities for the wider Latin American region are also discussed.
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The Death Penalty and the New Constitution of Kenya
Andrew Novak*
On July 30, 2010, the Court of Appeal of Kenya became the third highest court on the African continent to
invalidate the mandatory death penalty for murder.1
The Court found that an automatic death sentence upon a
conviction for murder violated the Kenyan Constitution's guarantees of the right to life, the right to be free from
cruel and inhuman punishment, and the right to a fair trial, since an automatic sentence precluded a sentencing
hearing.2
Less than a week later, Kenyan citizens went to the polls to ratify a new constitution; this only five years
after a prior constitutional draft was defeated and less than two years after a close presidential election divided the
nation with disastrous consequences.3
Although the death penalty survives in the new constitution, Kenya remains
a de facto abolitionist country that has not carried out an execution in twenty-five years; given political constraints,
Kenya is unlikely to ever resume executions.4
The 2010 Constitution of Kenya
Until August 2010, Kenya’s constitution was an amended version of the original constitution dating from
independence on December 12, 1963.5
Agitation for a replacement to Kenya’s heavily-modified independence
constitution began during the presidency of Daniel arap Moi in the early 1990s.6
Although President Moi had
ushered in multiparty rule, he did so in a way that preserved the dominance of the party in power since
independence, the Kenya African National Union (KANU).7
Moi won two irregular election campaigns: the first
with only 36% of the vote against a divided opposition in 1992 and the second against another splintered field in
1997.8
The first major supporters of constitutional reform were lawyers, who sought to reduce the president’s
executive power and create a comprehensive and enforceable bill of rights.9
In 1997, the Constitution of Kenya
Review Act was enacted. It outlined a three-part constitutional review process that included initial consultation,
draft revisions by a national constitutional convention, and ratification by Parliament.10
The goal was to install a
new constitution by the 2002 elections.
In June 2002, Moi announced he was stepping down as president, with elections to be held in December.11
In the
months prior to the elections, however, Moi dissolved Parliament, a power he had under the independence
constitution, and prevented ratification of the new constitution.12
In the December 2002 elections, the oppositional
party, the National Rainbow Coalition (NARC), agreed to a unity pact signed by its leader, Raila Odinga, and
coalition leader Mwai Kibaki, in which Kibaki would become president and Odinga prime minister under the new
constitution.13
Consequently, Odinga sat out the election, and NARC surprisingly defeated KANU-endorsed
candidate Uruhu Kenyatta by a wide margin.14
The draft constitution, named the Bomas Draft after the location of
the talks, was never enacted by Parliament or presented as a referendum. A major issue was the creation of a
powerful prime minister position, which was supported by the convention delegates; Odinga endorsed the inflating
of the position and Kibaki opposed it. Once delegates voted down a consensus draft of the proposal, Kibaki
walked away from the negotiations.15
Alarmed by the transfer of power from the presidency to a strong prime minister, members of President
Kibaki’s cabinet watered down the Bomas Draft, meeting widespread opposition.16
The Kenya electorate voted on
the revised document, the so-called Wako, or Kilifi, Draft, in November 2005. Odinga’s political base, crucial to
NARC’s victory in 2002, joined KANU in opposing the draft. The constitution was not ratified; 57% of the
electorate and seven out of eight provinces turned it down.17
The failure of the constitutional referendum proved to
Kenya
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extremely close and shrouded in controversy. More than 1,000 people died in the violence that followed the
elections. 18
The death penalty was in place to be a central divisive issue before the referendum vote, particularly
because, in 2007 and 2008, Kenya abstained from voting at the UN General Assembly on a worldwide moratorium
on executions, and in August 2009, Kibaki commuted all death sentences.19
In February 2010, Kenya notified the
United Nations Human Rights Council that the de facto moratorium on the death penalty would remain in place,
although it rejected calls to abolish the practice.20
However, the topic was eclipsed in pre-referendum debate.
Instead, church led opposition accentuated the legal status of abortion and the formation of separate customary
courts, or Kadhis’ Courts, which would apply Islamic law to certain property, family, and probate disputes.21
The Constitution passed ratification, with 67% of voters in favor and 31% opposed.22
It was accepted in
seven of the eight provinces, losing only in Rift Valley Province, a sharp change from the 2005 referendum results.
The following figures show the vote by district in 2005 (left) and 2010 (right):
2005 2010
Figures: White areas indicate districts where the constitution won by more than a 10% margin; gray indicates areas where the
constitution won narrowly, by less than 10%; and black areas indicate where the constitution was not ratified. The maps are somewhat
rough, as results are reported by constituency and province, not by district, and consequently required some creativity on the part of the
author.
In both cases, the base of President Mwai Kibaki—the Kikuyu regions in central Kenya—voted overwhelmingly for
both constitutional drafts. In a similar fashion, the base of former President Daniel arap Moi—the Kalenjin regions
in west central Kenya—voted heavily against both drafts. Moi was the most powerful voice opposed to ratification
in 2010.23
The Swahili, Somali, and Islamic zones in the north and east of the country proved to be swing districts,
as was the Luo ethnic base of Prime Minister Raila Odinga in the far west. Odinga’s support of the constitution
helped deliver Nyanza Province by an enormous margin, unlike in 2005. The constitution’s protection of the
Islamic customary courts ensured ratification of over 90% in Coast, Eastern, and Northeastern Provinces.24
The
constitution polled less well in the gray areas, which have pluralities of Maasai and Kamba ethnic communities, both
of whom were members of Moi’s KANU coalition.25
The new constitution entered into force on August 27, 2010. It generally sets up an American-style system of
3. PPPaaagggeee 222888 AAAfffrrriiicccaaa LLLaaawww TTTooodddaaayyy
and balances by creating a bicameral legislature, a supreme court, and a president who is both head of state and
head of government. 26
Greater powers are also devolved to local governments.27
Although the new constitution
does away with the powers of the prime minister position, now held by Odinga, polls show that Odinga is favored
to win the presidency in 2012, as Kibaki is barred from seeking another term.28
A number of constitutional
provisions are intended to increase transparency of the national treasury, reduce corruption, and establish an
independent electoral oversight body. 29
Other notable provisions include the legalization of dual citizenship and a
process by which gradual land reform can take place.30
Although the new constitution retained the death penalty,
recent developments may incrementally progress towards abolition of the practice in Kenya.
The Fall of the Mandatory Death Penalty in Kenya: Mutiso v. Republic
The new constitution of Kenya, like the independence constitution, permits the death penalty.31
Under the
previously followed English common law, the death penalty was mandatory upon a conviction for murder; no
mitigating circumstances could be considered.32
Although the practice was exported from England to its empire,
mandatory death sentences have been in rapid decline worldwide following the invalidation of the practice by the
United States Supreme Court, the Supreme Court of India, and the Privy Council in London hearing appeals from
the Commonwealth Caribbean.33
The Supreme Court of Uganda and the Supreme Court of Appeal of Malawi
imported the jurisprudential trend to the African continent.34
The mandatory death penalty was always unfit for
developing African legal systems, being that it was out of sync with political realities prevailing in African common
law and Kenya in particular. The penalty was too harsh; by 2009, about 4,000 people were on death row in Kenya,
compromising at least one-fifth of the world's death row population.35
Kenya's mandatory death penalty regime
sent an enormous number of men to death row but almost never sent them to the gallows.
The death penalty appears to have been rare in pre-colonial Africa. Generally speaking, the Maasai, Kikuyu, and
Kamba peoples preferred to impose sophisticated payment schemes to provide economic compensation to the
family of a murder victim in lieu of imprisonment.36
The British relied on the death penalty not only to deter crime
but also to prevent challenges to the colonial order and establish coercive state power.37
Under the British, the
death penalty was used at somewhat moderate levels in Kenya; between 1908 and 1956, 459 persons were
executed.38
The Mau Mau Emergency, brought about by a Kikuyu uprising in 1952, changed the calculus; between
1952 and 1958, 2,059 mostly Kikuyu people were sentenced to death for political and extraordinary crimes, 1,090 of
these people were executed.39
The death penalty survived in independent Kenya, constitutionally protected by a
savings clause that stated, “[n]o person shall be deprived of his life intentionally save in execution of the sentence of
a court in respect of a criminal offence under the law of Kenya of which he has been convicted.”40
While Kenya’s
new constitution has a slightly different clause, it prevents the abolishment of the death penalty through
constitutional challenge.41
Godfrey Ngotho Mutiso was convicted of premeditated murder for a crime that took place on November 4, 2004,
after a dispute over a petty larceny. He was sentenced to death by hanging.42
The Court of Appeal did not consider
the appeal moot since a mass commutation by President Kibaki in August 2009 reduced all death sentences in the
country, including Mutiso’s sentence, to life imprisonment.43
The Court indicated that President Kibaki may have
been acting to prevent “death row syndrome,” the legal doctrine that espouses that harsh prison conditions or
excessive delay in carrying out an execution can make an otherwise constitutional sentence unconstitutional.44
Indeed the Court cited Ugandan and Zimbabwean jurisprudence which found that excessive delay in carrying out
death sentences may render them unconstitutional, and further noted that “[u]nfortunately” no one raised the issue
in the Mutiso case.45
The Court left the door open to a death row syndrome challenge in the future.
The Kenyan Penal Code authorized death by hanging as a mandatory sentence for murder, armed robbery,
attempted aggravated robbery, and treason.46
Although the specific challenge was for murder, the judges, Philip
Waki, Riaga Omolo and Joseph Onyango Otieno, noted that they “doubt if different arguments could be raised in
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respect of other capital offenses,” such as treason and aggravated robbery.47
The judges agreed that the mandatory
nature of the death penalty was not constitutionally required; consequently, it was open to challenge.48
The judges
found that the mandatory death penalty violated the Kenyan constitution on three grounds. First, the Court found
that the mandatory nature of the death penalty violated the right to life guaranteed by Kenya’s bill of rights, which
does not permit the consideration of mitigating factors.49
Second, the Court found that because the penalty does
not distinguish among accused persons, the result may be “wholly disproportionate to the accused’s criminal
responsibility,” and consequently cruel, inhuman, and degrading punishment.50
Third, the Court also suggested that
because the mandatory death penalty did not permit a sentencing hearing, the practice may violate the right to a fair
trial.51
The Court cited a wide array of foreign jurisprudence, especially relying on the decisions of the Malawian and
Ugandan high courts, countries with constitutions that were in pari materia with Kenya’s constitution.52
The Kenyan decision follows a growing international trend away from mandatory death penalty practices and draws
on a number of foreign decisions that are part of a growing body of transnational death penalty jurisprudence, a
kind of “common law,” that is harmonizing death penalty regimes.53
To the extent that the Kenyan Court of Appeal
found that robust exercise of executive clemency did not save a mandatory death penalty regime, the Court is in
accord with this body of jurisprudence.54
Finally, the Court found that the new constitution did not change the
analysis, as the retention of the death penalty was indicative of the drafter’s intent, particularly as it followed a period
of public consultation.55
Because Kenya is one of the more legally advanced countries in Commonwealth Africa, the
fall of the mandatory death penalty in the country may impact other test cases in countries operating under a similar
constitutional framework. Should Kenya’s 2010 constitution usher in a period of peace and stability, especially after
the election crisis of 2007-08, the stature of Kenyan jurisprudence may increase even further.
_________________________
* Andrew Novak is Attorney-Advisor to the Hon. Pamela Lakes Wood, Administrative Law Judge, U.S. Department of Labor. J.D. (2009), Boston
University School of Law. M.Sc., African Politics (2006), School of Oriental and African Studies. B.A., International Affairs (2006), George Washington
University.
1 Kenya follows Malawi (2007) and Uganda (2009). For Malawi, See Kafantayeni, et al. v. Attorney Gen., [2007] MWHC 1, slip op. at 6-7 (Malawi H.C.),
affirmed by Jacob v. Republic, MSCA Crim. App. No. 16 of 2006 (July 19, 2007)(Malawi Sup. Ct. App.)(unreported). For Uganda, see Attorney Gen. v.
Kigula, et. al., [2009] UGSC 6, slip op. at 63-64 (Uganda S.C.). The present author discussed both decisions in an earlier article. Andrew Novak, The
Decline of the Mandatory Death Penalty in Common Law Africa: Constitutional Challenges and Comparative Jurisprudence in Malawi and Uganda, 11 LOY. J. PUB. INT. L.
19, 62, et seq. (2009).
2 Mutiso v. Republic, Crim. App. No. 17 of 2008 (July 30, 2010) (Kenyan Ct. App.), slip op. at 28-29.
3 See “5.9m Kenyans Approve New Law,” CAPITAL NEWS (Nairobi), Aug. 5, 2010 available at: http://www.capitalfm.co.ke/news/Kenyanews/5.9m-Kenyans-approve-
new-law-9357.html.
4 According to the abolitionist NGO Hands Off Cain, the last hanging in Kenya took place in 1987, when the August 1, 1982, coup plotters Hezekiah
Ochuka and Pancras Oteyo Okumu were executed following a court-martial. See Hands Off Cain, “Kenya,” available at:
http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=25&nome=kenya (last accessed Sept. 15, 2010).
5 Chanan Singh, The Republican Constitution of Kenya: Historical Background and Analysis, 14 INT’L & COMP. L.Q. 878, 897-98 (1965). The Constitution followed
earlier negotiations at Lancaster House in 1960 and a second constitutional conference in 1962, both of which provided for Kenya’s transitioning legal
status in the British Empire from Crown Colony to Dominion to independence. Id. at 893-97. A year after Kenya’s independence, new constitutional
amendments led to Kenya’s transition from a parliamentary system to a strong presidential system. Id. at 904. Over time, further amendments continued
to transfer power to Kenya’s presidency. See H.W.O. Okoth-Ogendo, The Politics of Constitutional Change in Kenya Since Independence, 1963-98, 71 AFR. AFF. 9, 10
(1972).
6 Diane Ciekawy, Constitutional and Legal Reform in the Postcolony of Kenya, 25 ISSUE: J. OF OPINION 16 (1997) (noting the rise of a “demand for constitutional
and legal reform” following the 1992 elections, led by “lawyers, academics, clergy members and politicians”).
7 Martin Meredith, The Fate of Africa: A History of Fifty Years of Independence, 403-04 (2005).
8 Joel D. Barkan & Njuguna Ng’ethe, Kenya Tries Again, 9(2) J. DEMOCRACY 32, 32-33, 40-41 (1998); Stephen Brown, Authoritarian Leaders and Multiparty
Elections in Africa: How Foreign Donors Help to Keep Kenya’s Daniel arap Moi in Power, 22 THIRD WORLD Q. 725, 730 (2001).
9 Id. at 35 (describing how a group of reformist lawyers published a proposal for reduced presidential power in Nairobi Law Monthly).
10 Alicia L. Bannon, Note, Designing a Constitution-Drafting Process: Lessons from Kenya, 116 YALE L.J. 1824, 1832 (2007).
11 Stephen Brown, Theorising Kenya’s Protracted Transition to Democracy, 22 J. CONTEMP. AFR. STUD. 325, 329 (2004).
12 Bannon, supra note 10 at 1834.
13 Brown, supra note 11 at 334.
14 David Throup, The Kenya General Election: December 27, 2002, 14 AFRICA NOTES 1 (2003).
15 Bannon, supra note 10 at 1838.
16 Id. at 1838-39.
17 Id. at 1839-41.
18 Stephen Brown, Donor Responses to the 2008 Kenyan Crisis: Finally Getting it Right?, 27 J. CONTEMP. AFR. STUD. 389 (2009).
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19 See UN Department of Public Information, General Assembly Will Reaffirm Resolution on Death Penalty Moratorium, Nov. 20, 2008, GA/SHC/3939; “Kenyan
President Praised for Commuting 4,000 Death Sentences,” Catholic News Agency, August 5, 2009.
20 National Report of Kenya Submitted in Accordance with Paragraph 15(a) of the Annex to the Human Rights Council Resolution 5/1,
A/HRC/WG.6/8/KEN/1 (UN Human Rights Council)(Feb. 22, 2010); Death Penalty and Ban on Gay Unions to Stay, DAILY NATION ON THE WEB (May 11,
2010).
21 See, e.g., “Church Position: No to Unamended Draft,” Catholic Information Service for Africa, April 13, 2010, available at
http://allafrica.com/stories/201004140314.html (listing abortion and the Khadis’ Courts as the primary issues in the referendum).
22 For results, See the Interim Independent Electoral Commission,, available at http://www.iiec.or.ke/ (last accessed Sept. 10, 2010).
23 Robin Dixon, “Kenya’s Vote on Constitution May Renew Tribal Conflicts,” L.A. TIMES, Aug. 3, 2010, available at
http://articles.latimes.com/2010/aug/03/world/la-fg-kenya-election-20100804.
24 Beth Elise Whitaker & Jason Giersch, Voting on a Constitution: Implications for Democracy in Kenya, 27 J. CONTEMP. AFR. STUD. 1, 1-2 (2009). The failure of
both Christians and Muslims to be satisfied with the Islamic Courts (Kadhis’ Courts) provision of the Wako Draft contributed to its defeat in the
referendum. The courts have existed since independence and were originally set up by the British to decide matters of marriage, divorce, and inheritance.
Opponents felt the Courts’ jurisdiction was discriminatory. Anne Cussac, Muslims and Politics in Kenya: The Issue of Kadhis’ Courts in the Constitution Review
Process, 28 J. MUSLIM MINORITY AFF. 289, 289 (2008).
25 GEOFF SAYER, KENYA: PROMISED LAND? 23 (1998).
26 See generally KENYA CONST. Ch. 8-10 (2010).
27 Id. at Ch. 11.
28 Mugumo Munene, “Raila the Man to Beat in 2012,” DAILY NATION ON THE WEB (Aug. 21, 2010)(showing Odinga polling at 46%, with Uruhu Kenyatta
in second place at 13%).
29 Id. at Ch. 6 (leadership and integrity); Ch. 7 (electoral system); and Ch. 12 (public finance).
30 Id. at art. 16 (dual citizenship) and Ch. 6 (land).
31 The Bomas Draft, however, did not contain a death penalty savings clause. See BOMAS DRAFT art. 34.
32 EVAN MANDRY, CAPITAL PUNISHMENT: A BALANCED EXAMINATION 239-40 (2005).
33 See Woodson v. North Carolina, 240 U.S. 280 (1976)(finding the mandatory death sentence violated Eighth Amendment of U.S. Constitution); Mithu v.
State of Punjab, (1983) 3 S.C.R. 413 (India Sup. Ct.)(striking down the mandatory death sentence for murder); Macchi Singh v. State of Punjab, (1983) 3
S.C.R. 413 (India Sup. Ct.) (establishing an American-style discretionary death sentence regime); The Queen v. Hughes, [2002] 2 W.L.R. 1058, 2 A.C. 259
(Privy Council)(striking down the mandatory death sentence in St. Lucia); Fox v. The Queen, [2002] 2 W.L.R. 1077, 2 A.C. 284 (St. Kitts and Nevis); Reyes
v. The Queen, [2002] 2 W.L.R. 1034, 2 A.C.235 (Belize); Watson v. The Queen, [2004] 3 W.L.R. 841 (Jamaica); Bowe v. The Queen, [2006] 1 W.L.R. 1623
(Bahamas).
34 Kafantayeni, et al. v. Attorney Gen., [2007] MWHC 1, slip op. at 6-7 (Malawi High Ct.), affirmed by Jacob v. Republic, MSCA Crim. App. No. 16 of 2006
(July 19, 2007)(Malawi Sup. Ct. App.)(unreported). Attorney Gen. v. Kigula, et. al., [2009] UGSC 6, slip op. at 63-64 (Uganda Sup. Ct.).
35 “Kenya Stops Using Death Penalty,” USA TODAY, Sept. 15, 2009, available at http://www.usatoday.com/news/world/2009-09-15-deathpenalty_N.htm.
36 S. S. Ole Sankan, THE MAASAI 14 (1976); Neil McGlashan, Indigenous Kikuyu Education, 63 AFR. AFF. 47, 51 (1964); D.J. Penwill, KAMBA CUSTOMARY
LAW: NOTES TAKEN IN THE MACHAKOS DISTRICT OF KENYA COLONY 78-79 (1951).
37 Stacey Hynd, Killing the Condemned: The Practice and Process of Capital Punishment in British Africa, 1900s-1950s, 49 J. Afr. Hist. 403, 404 (2008).
38 Id. at 406.
39 David Anderson, HISTORIES OF THE HANGED: THE DIRTY WAR IN KENYA AND THE END OF EMPIRE 6-7 (2005). At no other time and at no other place
in the history of British imperialism was the state execution used on such a large scale. Id. at 7.
40 KENYA CONST. art. 71(1)(Former constitution). See also, Anthony Wambugu Munene, The Bill of Rights and Constitutional Order: A Kenyan Perspective, 2 AFR.
HUM. RTS. L.J. 135, 145 (2002).
41 “Every person has the right to life. The life of a person begins at conception. A person shall not be deprived of life intentionally, except to the extent
authorised by this Constitution or other written law.” KENYA CONST. art. 26(1)-(3)(New constitution).
42 These facts are recounted in Mutiso v. Republic, Crim. App. No. 17 of 2008 (July 30, 2010), slip op. at 4-7.
43 Id. at 10, 20. For more on the commutation, See “Kenya Stops Using Death Penalty,” USA TODAY, Sept. 15, 2009, available at
http://www.usatoday.com/news/world/2009-09-15-deathpenalty_N.htm.
43 Id. at 14.
44 Id. at 17. The Court cited Attorney Gen. v. Kigula, et. al., [2009] UGSC 6, slip op. at 63-64 (Uganda Sup. Ct.); and Catholic Commission for Justice and
Peace v. Attorney General, [1993] 2 L.R.C. 277.
45 Kenya Penal Code §§25, 40, 60, 204, 296(2), 297(2).
46 Mutiso, supra note 41, slip op. at 36.
47 Id. at 28.
48 Id. at 24. The right to life is at KENYA CONST. art. 71(1)(Former constitution); art. 26(1)(New constitution).
49 Mutiso, supra note 41, slip op. at 25. The prohibition on cruel, inhuman, and degrading treatment and punishment is at KENYA CONST. art.
74(1)(Former constitution); art. 29(f)(New constitution).
50 This is less explicitly stated. See Mutiso, supra note 41, slip op. at 29, 33-34 (stating appellant’s position and quoting from the Supreme Court of Uganda).
Likewise, the Court also considered the separation of powers argument (i.e., that the mandatory death penalty unconstitutionally denies the judicial branch
sentencing power) and cited the Ugandan Supreme Court in Kigula. Id. at 29, 34.
51 Id. at 30.
52 For a more extensive version of this argument, see Paolo Carozza, ‘My Friend is a Stranger’: The Death Penalty and the Global Ius Commune of Human Rights, 81
TEX.L.REV. 1031, 1036 (2002).
53 Compare Mutiso, supra note 41, slip op. at 13-14, and, e.g., Edwards v. Bahamas, Case 12.07 Inter-Am. C.H.R. Report No. 48/01 OEA/Ser.L./V/II.111,
doc 20 (2001) at ¶ 166, in which the Inter-American Commission on Human Rights found that executive clemency does not sufficiently individualize
sentences.
54 Mutiso, supra note 41, slip op. at 23-24. “[T]he death penalty remains a lawful sentence in Kenya and appears set to remain so for a long time to come.”
55 Id. at 24.