Search within this community: http://repository.anu.ac.ke/handle/123456789/892 2026-05-14T07:46:19Z 2026-05-14T07:46:19Z Wanjohi, Kinyua Mulinge, Gertrude http://repository.anu.ac.ke/handle/123456789/918 2023-05-19T11:28:49Z 2023-01-01T00:00:00Z

A comparative analysis of Africa’s labour experience with Gulf Region States: are we still slaves? The Kenya case Wanjohi, Kinyua; Mulinge, Gertrude Opinion article

2023-01-01T00:00:00Z Khamala, Charles http://repository.anu.ac.ke/handle/123456789/917 2023-05-19T11:05:51Z 2022-01-01T00:00:00Z

Green crimes: the impact of genetically modified organisms on promoting food security in Kenya Khamala, Charles Kenya’s food insecurity hinders progress towards sustainable development. While the Kenyan Constitution guarantees every person the right to adequate food of acceptable quality, it also prohibits environmental and health endangerment. Whether and how to invest in genetically modified organism (GMO) technology as an alternative food production method is important. In this context, scientists should not be denied the opportunity of harmonising the tension between environmental safety and food security while upholding sustainable development. Scientifically, GMO crops are sustainable, notwithstanding the African Union’s rigid social and political setting. However, each state’s role in providing sufficient resources and law enforcement personnel is crucial. A GMO regulatory system addresses environmental safety and human health, explicitly adopting the developmental risk notion. Kenya’s 2012 cabinet ban on GMO foods derived from the Séralini Report which erroneously claimed that GM maize causes cancer in rodents. The health ministry established a Task Force to review the country’s readiness regarding GMO safety and adoption. Despite having been completed in 2014, its Report remains secret. In 2015, the High Court dismissed as premature demands for public participation on whether to unban GMOs. In 2022, President Ruto lifted the ban. Arguably, while permitting GMO experimentation, it is prudent to prescribe criminal sanctions. Beyond anthropocentric notions, green criminology provides a framework to analyse both illegal and legal environmental harms, and for appraising Kenya’s evolving GMO policy. The Constitution provides a right to sustainable use and also establishes enforcement mechanisms to compel cessation and restoration. Yet without punitive consequences, GMO regulations may not deter offenders from environmental contamination.

2022-01-01T00:00:00Z Khamala, Charles http://repository.anu.ac.ke/handle/123456789/916 2023-05-19T10:38:17Z 2022-12-31T00:00:00Z

Legal Aid for Effective Victim Legal Representation in Kenya’s Post-Election Violence: Lessons from the International Criminal Court Khamala, Charles The International Criminal Court’s legal aid scheme pays court-appointed victims’ lawyers. Yet, whether ICC or domestic legal proceedings can provide better victim satisfaction goes beyond the question of whether external or internal legal representation is more effective in protecting victims’ rights. In circumstances where guilt is difficult to prove, as in the ICC’s Kenya cases, victims’ interests may be better satisfied by pursuing compensation from local courts. This paper therefore argues that post-election violence victims’ interests may be satisfied by legal aid to support domestic compensation claims. Although numerous victims participated in the Kenya cases, non-confirmation of charges against the former Police Commissioner, withdrawal of the Muthaura and Kenyatta case, and declining to conduct reparation hearings after vacating charges in the Ruto and Sang case, culminated in widespread victim dissatisfaction. The paper contrasts the victims’ plight in the Kenya cases with fortunes of victims who participated at the ICC with those of the CAVI Police Shooting case and COVAW Sexual and Gender Based Violence case which effectively proved more satisfying for some victims. The question is whether legal aid for victims’ representatives before domestic courts may enhance the effectiveness of local responses to atrocity crimes. Although the comparatively successful recent domestic suits illustrate advantages of pursuing constitutional-based compensation claims, as opposed to punitive-contingent reparations before the ICC, these test cases require upscaling. Notwithstanding the ‘Kenyan Trial Approach’s’ significant impact on ICC evolution, to vindicate victims’ rights, the Trust Fund for Victims may consider donating to Kenya’s Victim Protection Fund so as to supplement PEV victim compensation. Kenya’s Legal Aid Act requires reforms to support indigent victims, particularly those suffering abuse of power. Khamala, C. A. . (2022). Legal Aid for Effective Victim Legal Representation in Kenya’s Post-Election Violence: Lessons from the International Criminal Court. International Journal of Criminology and Sociology, 11, 159–171. https://doi.org/10.6000/1929-4409.2022.11.17

2022-12-31T00:00:00Z