Search

Begin New Search Political Geography Kenya Publication Year within 25 Years

131. Piracy, Law of the Sea, and Use of Force: Developments off the Coast of Somalia

Author:
Tullio Treves
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Attacks against ships off the coast of Somalia have brought piracy to the forefront of international attention, including that of the Security Council. SC Resolution 1816 of 2008 and others broaden the scope of the existing narrow international law rules on piracy, especially authorizing certain states to enter the Somali territorial waters in a manner consistent with action permitted on the high seas. SC resolutions are framed very cautiously and, in particular, note that they 'shall not be considered as establishing customary law'. They are adopted on the basis of the Somali Transitional Government's (TFG) authorization. Although such authorization seems unnecessary for resolutions adopted under Chapter VII, there are various reasons for this, among which to avoid discussions concerning the width of the Somali territorial sea. Seizing states are reluctant to exercise the powers on captured pirates granted by UNCLOS and SC resolutions. Their main concern is the human rights of the captured individuals. Agreements with Kenya by the USA, the UK, and the EC seek to ensure respect for the human rights of these individuals surrendered to Kenya for prosecution. Action against pirates in many cases involves the use of force. Practice shows that the navies involved limit such use to self-defence. Use of force against pirates off the coast of Somalia seems authorized as an exception to the exclusive rights of the flag state, with the limitation that it be reasonable and necessary and that the human rights of the persons involved are safeguarded.
Topic:
Security, Development, Government, and Human Rights
Political Geography:
Kenya, United States, United Kingdom, and Somalia

132. A Choice for Peace? The Story of Forty-One Days of Mediation in Kenya

Author:
Elisabeth Lindenmayer and Josie Lianna Kaye
Publication Date:
10-2009
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
The postelection violence that erupted in Kenya in December 2007 resulted in the deaths of over one thousand people and left three hundred thousand people displaced. While catastrophic, the scale of the social and economic destruction, not to mention the loss of life, could have been much greater were it not for the peace mediation mandated by the African Union in January 2008. The Panel of Eminent African Personalities, chaired by former UN Secretary-General Kofi Annan, led the forty-one-day peace process, culminating in the Agreement on the Principles of Partnership of the Coalition Government, which was signed by President Mwai Kibaki and the Honorable Raila Odinga on February 28th, putting an end to the crisis which engulfed the nation and took the world by surprise.
Topic:
Political Violence and Democratization
Political Geography:
Kenya and Africa

133. Kenya's Unfinished Agendas

Author:
Jacqueline M. Klopp
Publication Date:
06-2009
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
Kenya is a critically important East African country at a crossroads. In the coming years, it will either chart a way through to democratic reform and state building, or it will join the ranks of the so-called collapsed or failed states. Much hinges on which way Kenya moves: the fate of 37 million Kenyans hangs in the balance. In the best-case scenario, Kenya moves toward greater prosperity and freedom and becomes a genuine force for transformation in Africa in the 21st century. With the largest and most dynamic economy in the region, key infrastructure and institutions of higher education, a vibrant press and civil society, political space and abundant human capital, creativity and entrepreneurship, it has many resources with which to achieve this future.
Political Geography:
Kenya, East Africa, and Oslo

134. Intellectualism amid Ethnocentrism: Mukthar and the 4.5 Factor

Author:
Mohamed A. Eno and Omar A. Eno
Publication Date:
06-2009
Content Type:
Journal Article
Journal:
Bildhaan: An International Journal of Somali Studies
Institution:
Macalester College
Abstract:
The prolonged, two-year reconciliation conference held in Kenya and the resulting interim administration, implemented under the dominant tutelage of Ethiopia, are generally considered to have failed to live up to the expectations of the Somali people. The state structure was built on the foundation of a clan power segregation system known as 4.5 (four-point-five). This means the separation of the Somali people into four clans that are equal and, as such, pure Somali, against an amalgamation of various clans and communities that are unequal to the first group and, hence, considered “impure” or less Somali. The lumping together of all the latter communities is regarded as equivalent only to a half of the share of a clan.
Political Geography:
Kenya, Ethiopia, and Somalia

135. Violence in Kenya: Any Role for the ICC in the Quest for Accountability?

Author:
Mba Chidi Nmaju
Publication Date:
11-2009
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This article examines the violence that broke out in Kenya after the 2007 presidential elections. After weeks of fighting and the establishment of a coalition government made up of the incumbent president and the leader of the opposition, relative calm returned to the country. However, the government has been slow to implement the recommendations of the Commission of Inquiry into Post Election Violence (Waki Commission). One key suggestion the Waki Commission made was to call upon the Kenyan government to establish an independent Special Tribunal made up of domestic and international jurists to prosecute those responsible for the crimes committed during the violence. At the time of writing, the ICC Pre-Trial Chamber II had been assigned the matter to determine whether the Office of the Prosecutor could initiate investigations. This article argues that the crimes committed in Kenya during the post election violence do not meet the ICC threshold on jurisdiction and gravity, and do not have the essential legal attributes of genocide and crimes against humanity. However, the manner in which the ICC handles this situation has the potential to influence the way future crimes are tried; thus the ICC must ensure that impunity does not prevail over accountability.
Political Geography:
Kenya

136. Making Government Anti-Corruption Hotlines Effective

Publication Date:
07-2009
Content Type:
Working Paper
Institution:
Transparency International
Abstract:
Anti-corruption hotlines provide a key channel for governments to receive complaints from individuals who have come into contact with or been victims of corruption. Increasingly, hotlines are being valued as a channel for citizen redress and as a barometer of the success of government anti-corruption efforts. They provide for broad feedback to governments from civil society on how well policies and institutions are working, where breakdowns occur and where responses are needed. As a service, hotlines are similar to community audits and legal advice centres in offering a means to cross-check whether campaign pledges and government promises are producing results. Yet their success in combating corruption is dependent on a number of operational, administrative, institutional and political factors — each of which this paper will attempt to address by drawing on examples from Azerbaijan, Czech Republic, Kenya and Moldova.
Topic:
Civil Society, Corruption, International Affairs, and Governance
Political Geography:
Kenya, Moldova, and Azerbaijan

137. The Impact of the Doha Round on Kenya

Author:
Eduardo Zepeda, Mohamed Chemingui, Hedi Bchir, Christopher Onyango, and Bernadette Wanjala
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
As the first decade of the twenty- first century comes to an end, Kenya's economy is being confronted with a number of challenges that call for carefully crafted, well- informed policies. After fifteen years of stagnation—when the country witnessed zero increase in its gross domestic product (GDP) per capita and investment at levels below 20 percent of GDP—it has risen to become one of Africa's fast growing economies (see Arbache and Page 2008). Between 2004 and 2007, Kenya's economy showed signs of revitalization, and the average annual growth rate climbed above 5 percent, allowing Kenyans to finally enjoy an increase in GDP per capita. However, the political turmoil of 2008 slowed growth, and the current global financial and economic crisis has made it difficult to return to high growth rates. Thus, Kenya now faces shrinking export markets, rising protectionist measures worldwide, and meager financial flows.
Topic:
Agriculture, Economics, International Trade and Finance, and Treaties and Agreements
Political Geography:
Kenya and Africa

138. Ethnic Coalitions of Convenience and Commitment: Political Parties and Party Systems in Kenya

Author:
Sebastian Elischer
Publication Date:
02-2008
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
This paper analyzes the role of ethnicity in shaping the character of Kenya's political parties and its party system since 1992. Drawing on a constructivist conception of ethnicity, it uses a framework of comparison derived from Donald Horowitz and distinguishes between three party types: the mono-ethnic party, the multi-ethnic alliance type and the multi-ethnic integrative type. It shows that although Kenyan parties have increasingly incorporated diverse communities, they have consistently failed to bridge the country's dominant ethnic cleavages. Consequently, all of Kenya's significant parties represent ethnic coalitions of convenience and commitment and, thus, ethnic parties. The paper further states that the country's post-2007 political environment is a by-product of the omnipresence of this party type.
Topic:
Democratization, Ethnic Conflict, and International Political Economy
Political Geography:
Kenya and Africa

139. Kenya: Setting the Stage for Durable Peace?

Author:
Dorina Bekoe
Publication Date:
04-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The botched results from the December 27, 2007 presidential elections in Kenya sparked a wave of violence across the country that left more than 1,000 dead and 600,000 displaced. Incumbent president Mwai Kibaki, representing the ruling Party of National Unity (PNU), was declared the winner of the presidential polls over Raila Odinga, of the opposition Orange Democratic Movement (ODM). Supporters of the ODM, which had won 99 parliamentary seats against PNU's 43 (out of 210 elected seats), charged that the election had been rigged. The chairman of the Electoral Commission of Kenya has since stated that the PNU and the ODM-K (an allied party) forced him to call the election, even with irregularities in the tallying.
Topic:
Conflict Resolution, Political Violence, and Politics
Political Geography:
Kenya and Africa

140. Moving Beyond Relief: The Challenges of Settling Kenya's Internally Displaced

Author:
Sheila Mwiandi
Publication Date:
08-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Kenya's post-election violence has displaced more than 600,000 persons within the country since December 2007. Although violence-induced displacement is not a new phenomenon in Kenya, the magnitude, speed and intensity of this displacement were unprecedented. Clashes in the 1990s, also around general elections, displaced hundreds of thousands of Kenyans, many of whom remain displaced today. The new coalition government has made the resettlement of Internally Displaced Persons (IDPs) a top priority, launching "Operation Return Home" in May.
Topic:
Conflict Resolution, Political Violence, Human Welfare, and Humanitarian Aid
Political Geography:
Kenya and Africa