Legal responses to terrorism: case study of the Republic of Kenya
Mwazighe, Charles Lenjo
Bruneau, Thomas C.
Halladay, Carolyn C.
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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.
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