http://repository.anu.ac.ke/handle/123456789/892 2026-10-26T13:44:55Z 2026-10-26T13:44:55Z Khamala, CA http://repository.anu.ac.ke/handle/123456789/1272 2026-10-22T14:01:10Z 2024-01-01T00:00:00Z

The Political Economy of Preventive Justice Khamala, CA Introduction What is to be done about the emergent problem of widespread riots against established authority? Critical criminology shows that crimes are socially constructed by powerful elites, to reflect their own political ideologies of a good society. Modern punishments are nuanced to protect private property. Take the United States, home of the world’s first written constitution. It was a consensus among White, Anglo-Saxon Protestant framers, established to secure life, liberty and the pursuit of happiness. They believed that happiness is synonymous with property. Yet, happiness, like beauty, is in the eye of the beholder. Corresponding author: Charles A Khamala, Senior Lecturer, Africa Nazarene University Law School, Academic Leader Criminal Justice and Security Management Programme, Advocate, High Court of Kenya, Kenya, Email: chalekha@yahoo.co.uk

2024-01-01T00:00:00Z Khamala, CA http://repository.anu.ac.ke/handle/123456789/1271 2026-10-22T13:52:40Z 2024-01-01T00:00:00Z

The Truth about Dag Hammarskjold’s Killers Khamala, CA Introduction. From 1953-1961, Dag Hammarskjöld served as United Nations’ second Secretary General. He pioneered the Responsibility to protect concept. In 2015, Ban Ki-moon the organization’s eighth Secretary-General, instituted Eminent Persons to investigate the circumstances resulting in Hammarskjöld’s tragic death with colleagues accompanying him aboard ill-fated flight SE-BDY. Two years later, the General Assembly extended former Tanzanian Chief Justice Mohamed Chande Othman’s investigative mandate. On 7 October 2019, their final report calls on Britain, Russia, South Africa and the United States to conduct a dedicated internal review of sensitive records to determine whether relevant information about that incident exists. These four nations may be withholding information that could solve the puzzle. Who benefits from continued secrecy shrouding Hammarskjöld’s death and why? Are murderous “acts of state” immune from prosecution? In 1960, Belgium invaded the Congo. In response, Hammarskjöld’s anticipatory and preventative strategy relied on information and political intuition. These charismatic personal mediation qualities first exploded onto the global stage in 1954, releasing US airmen from China. Subsequently, during the 1956 Suez crisis, to end the inaugural UN “Operation Musketeer,” Israel and Egypt accepted Hammarskjöld’s international peacekeeping force, prompting Britain’s and France’s withdrawals. Third, in 1958 without a UN resolution, he called for stronger action in the Jordan-Lebanon crisis. Fourth, in 1959 at the invitation of Thailand and Cambodia, he deployed a special envoy to settle a border dispute. These interventionist performances gave rise to the “Leave it to Dag” slogan, expanding the good offices role of international organizations. Yet, proactively driving the UN’s 1960 Decolonization Charter irked Western interests, including the military superpowers.

2024-01-01T00:00:00Z Mwangi, Justa http://repository.anu.ac.ke/handle/123456789/1270 2026-10-22T13:39:57Z 2025-01-01T00:00:00Z

Bureaucratic corruption, gender equality and gender stratification: evidence from healthcare financing policy processes in subnational governments in Kenya Mwangi, Justa The present article examines bureaucratic corruption in the form of nepotism, cronyism, elite capture, bribery, sextortion and embezzlement, and its relationship to gender inequality and, more specifically, gender stratification. This is explored in the context of policymaking processes relating to healthcare financing in the county governments of Kiambu and Nairobi City, two subnational governments in Kenya. The empirical research presented in this article is shaped by radical feminist theory and methodology. Responses from 58 women were gathered through interviews and focus group discussions. It was found that bureaucratic corruption affected women and men differently and produced outcomes that exacerbated gender inequalities within the subnational policymaking processes. The results indicate that reducing bureaucratic corruption could improve gender equality and decrease gender stratification.

2025-01-01T00:00:00Z Khamala, CA http://repository.anu.ac.ke/handle/123456789/1269 2026-10-22T11:23:00Z 2024-01-01T00:00:00Z

Digital surveillance and big data: Balancing the rights to privacy and security in Kenya Khamala, CA Education, personal identity and democracy fl ourish in private. Generalised surveillance of disenchanted groups stifl es them. Although the African Charter on Human and Peoples’ Rights is silent on the right to privacy, Kenya’s Constitution expressly protects against surveillance abuse. Informed consent is required from data subjects prior to collecting or sharing their personal information. Yet, Kenyan courts have upheld laws and policies introducing generalised surveillance. Th e conundrum confronting Kenya’s judiciary regarding surveillance of mobile telephone data is: If counter-terrorism relies on mass surveillance, such policies necessarily violate privacy rights, in the guise of enhancing security. Nonetheless, enhancing the state’s surveillance capacity to intercept digital communications was accepted by the Court as a justifi able violation of privacy rights. Conversely, in Communication Authority of Kenya v Okiya Omtatah Okoiti, the Court of Appeal observed that globally, the theft of mobile phones and proliferating counterfeit devices have become major regulatory concerns. Problematically, it reversed the High Court’s prohibition on generalised surveillance. Subsequently, in Katiba Institute v Attorney General, the High Court directed the state to conduct a data protection impact assessment as the Data Protection Act requires. In April 2023, the Supreme Court dismissed the Law Society of Kenya’s appeal seeking to stop the CAK embarking on a device management system, which threatens to surveil subscribers. Three conclusions emerge. First, Kenya’s DPA accords absolute governmental power to gather personal data unrelated to national security or suspicion of crime. Second, the Court of Appeal’s Mobile Telephone determination is oblivious to the chilling effect that any generalised surveillance created even on groups that value confidentiality. Third, neither the National Intelligence Services Act nor the Prevention of Terrorism Act protect citizens’ communications from limited interception. It is preferable to introduce similar provisions authorising interception of specific communications in other legislations to facilitate investigation of serious organised crimes. This article examines the implications of digital surveillance and big data for privacy rights and national security in Kenya. It explores the challenges of balancing security interests with the protection of individual privacy, constitutional rights, and data protection principles. The article highlights the need for effective legal frameworks and accountability mechanisms to regulate digital surveillance and prevent the misuse of personal information.

2024-01-01T00:00:00Z Mwangi, Justa Wawira Naituli, Gitile Kilika, James Muna, Wilson http://repository.anu.ac.ke/handle/123456789/1254 2026-10-19T16:38:48Z 2023-09-01T00:00:00Z

Fiscal decentralisation and public service delivery: evidence and lessons from sub-national governments in Kenya Mwangi, Justa Wawira; Naituli, Gitile; Kilika, James; Muna, Wilson This paper provides empirical evidence on the effects of fiscal decentralisation on public service delivery in devolved systems of government in Kenya. A qualitative study interviewed 126 respondents and held two focus group discussions with key stakeholders from within two of Kenya’s 47 counties: Kiambu and Nairobi City. The paper focuses on key elements of fiscal decentralisation, namely: expenditure responsibilities, revenue autonomy and borrowing powers. Public service delivery was examined using affordability as a key measure of the quality of services. Results show that fiscal decentralisation did not necessarily lead to more affordable public services as there were significant contextual factors such as corruption, legal structures, cultural values, belief systems, pressure to conform and change agents that moderated this relationship. Corruption made public services less affordable in both counties, while Nairobi Metropolitan Services emerged as a change agent that improved the affordability of specific public services within Nairobi City county. The paper outlines a conceptual framework for further research into implementation of fiscal decentralisation in Kenya and elsewhere, especially in Africa, and calls for more qualitative studies, especially longitudinal studies, case studies and ethnographic approaches to enrich knowledge in this field.

2023-09-01T00:00:00Z 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