Legal responses to terrorism: case study of the Republic of Kenya
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Authors
Mwazighe, Charles Lenjo
Subjects
The Republic of Kenya
Terrorism
Counterterrorism
Legislation
Civil liberties
Criminal justice system
Human rights.
Terrorism
Counterterrorism
Legislation
Civil liberties
Criminal justice system
Human rights.
Advisors
Bruneau, Thomas C.
Halladay, Carolyn C.
Date of Issue
2012-12
Date
Dec-12
Publisher
Monterey, California. Naval Postgraduate School
Language
Abstract
Terrorism remains a major threat to Kenyas national-security interests. However, efforts to combat the menace are hampered by an insufficient legal framework. Previously, terrorism-related offenses were primarily handled under the provisions of the penal code, with the result that offenders received lenient sentences or even were acquitted. On the other hand, efforts to formulate specific counterterrorism legislation in the past were met with criticism from human-rights bodies, the clergy, legal bodies, and the public at large. This thesis examines the development of counterterrorism legislation in the Republic of Kenya. It evaluates the sufficiency of the criminal-justice system, the British legal response to counterterrorism as a basis for comparison, and current counterterrorism legislation. The 2012 Prevention of Terrorism Act marks a great improvement, especially in safeguards to the rights of persons and entities. The act, however, still leaves open the definition of terrorism and the appeals process for the proscription of entities. This thesis recommends further refinement of these clauses and the establishment of stricter rules, vesting power under the president and prime minister (similar to the U.K.) with cabinet approval.
Type
Thesis
Description
Series/Report No
Department
National Security Affairs
Organization
Identifiers
NPS Report Number
Sponsors
Funder
Format
Citation
Distribution Statement
Approved for public release; distribution is unlimited.