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The subject of human rights and its attendant these of access to justice have remained relevant areas to the legal fraternity. This relevance resonates well in the fields of teaching and learning the law, consultancy, legal practice and advocacy, law reform, and judicial decision making. In the East African region, however, the availability of research and reference material for these two areas of learning has remained low. It is against the backdrop of the foregoing that the publishing of the Digest on Human Rights and Access to Justice in East Africa is an important aspect of the development of the law in the region. Bringing together decisions of both municipal courts within the East Africa region beyond, the digest has breathed a totally new lease of life into the practice and comparative legal studies in the area of human rights and access to justice. To a large extent, the digest has robbed practitioners of law of the excuses attendant to poor advocacy in the arena of human rights. It has robbed judicial officer of the excuses attendant to shallow and poorly reasoned judgments. It has robbed students and teachers of law the excuses attendant to poorly researched theses in the area of human rights. Definitely, it has added immense value to the consumers of human rights and access to justice. This Digest is a product of the fruitful on-going collaboration between LawAfrica Publishing Ltd and East Africa Law Society. Both LawAfrica with its East Africa Law Reports, and EALS, with its ever-growing collaboration between East African lawyers, yearn for greater integration of legal practice in the three East African countries. This Digest is a contribution to that desire.
While probing the politics of everyday in Gikuyu popular music, the main thrust of this book is to unpack the representation of daily struggles through music. Depending mainly on the lyrics of the songs, the study also combines both the textual and the contextual analysis of the music. Music here is studied both as a text, and as an aspect of popular culture. The decade 1990-2000 in Kenya provides two contrasting political developments, which directly impacted on the ordinary Kenyan; firstly, the extremes of the country?s one-party rule were at the peak until when multi-party democracy was re-introduced. This ushered in a new era, but with antecedents in one-party rule, where service delivery was below par and economic mismanagement, corruption, assassinations and detentions continued unabated. It is in this contrasting environment that popular arts proliferated as a way of countering the repressed freedom of expression. This book, therefore, looks at how the Gikuyu musicians reacted and responded to these social and political realities in their songs. Music is discussed as an essential site for creation, re-creation and negotiation of the various forms of identities.
In 1996 President Nelson Mandela described Professor Ali A. Mazrui (1933-2014) as 'an outstanding educationist and freedom fighter.' In 2002 the former UN Secretary General Kofi Annan referred to Professor Mazrui as 'Africa's gift to the world.' Author of more than 35 books and hundreds of articles, Professor Mazrui was an African scholar who had treated with uncommon verve and flair a wide-range of themes that included globalization, the triple heritage, peace, and social justice. This volume engages with some of those themes that excited his mind for over six decades. The multidisciplinary essays seek to underline the highlights of Mazrui's intellectual journey and attest to the fact that he was public intellectual par excellence. Indeed, in 2005, he was named one of the top 100 public intellectuals in the world. This book is a product of a symposium held from 15 to 17 July 2016 in Nairobi, Kenya. The symposium was jointly organized by the Twaweza Communications, Nairobi, Kenya, and the Institute of Global Cultural Studies (State University of New York at Binghamton) which Ali Mazrui created and presided over as the Albert Schweitzer Professor in the Humanities from 1991 to 2014.
The Jurisprudence on Regional and International Tribunals Digest is borne out of the recent developments in the judicial arena of the East African Community and other inter-state arrangements where matters are increasingly getting litigated and determined at the international fora. With such a development, there is the more current need to document the reasoning, not just of judicial officers from the East African Court of Justice but also from other regional and international tribunals. This will help in consolidating knowledge on diverse aspects of substance and procedure from these tribunals for both academic and practice purposes. This digest no doubt adds value to practitioners in the East African region and beyond who are getting absorbed into legal practice before tribunals of an international law character. It is hoped that the digest will further be of great assistance to the community of the academia that is in need of material for the dispensation of knowledge in the area of international law.
Taxation is perceived by citizens as a compulsory contribution to the state yet, the legitimacy of the state rests on the publics' acceptance of the state's right to levy tax and redistribute it in such a manner as to promote the overall good of society. The modern developing state can be said to be facing a crisis of fiscal legitimacy, afflicted by poor governance, poor societal participation, corruption and a lack of accountability. This book investigates whether a possible remedy in averting the fiscal crisis is firstly, to re-establish a link between taxation and government expenditure in the developing state and to utilise human rights law, principles and policies to link tax revenue to expenditure through re-distribution. This thesis will consider whether human rights may be the tool or vehicle for citizens to assess fiscal allocations It analyses developing countries with reference to Brazil and India and more specifically Kenya.
Out of the first series of public lectures titled (Re) membering Kenya organised by the Volume editors together with Twaweza Communications and supported by the Goethe Institut Kenya, The Ford Foundation and the Institute for International Education, and whose key outcome was the publication of Remembering Kenya Vol.1 (2010) grew a second round of lecture series. The second series took cognisance of the fact that the problems that bedevil Kenya as a nation go far beyond questions of culture and identity that Volume 1 dealt with. Thus, the second presentations revolved mainly around issues of economics, governance and power. The awareness of the role and/or lack of equity and social justice in causing Kenya?s persistent problems informed all these presentations. Issues of how to bring marginalised groups into the mainstream were discussed. This Volume, in part, arises from the second presentations. The authors of chapters attempt to provide answers to the question: what entails (re)membering in post-conflict Kenya? From their work, it is clear that there is a lot to (re)member in Kenya, and many ways in which to reconfigure project Kenya. (Re)membering is re-thinking and re organising our ways of doing things. It entails a juggling of priorities; between peace and reconciliation, peace and justice, and seeking justice and reconciliation without undermining peace, all of which are arduous exercises. Reconciling misconceptions about places, issues and people is part of this reconstitution too. New pathways require being embraced, past mistakes (individual and collective) acknowledged and giving earnest meaning to the vow ?never again!? Yet, as observed in this Volume, Kenyans must be vigilant against individuals and groups that have often resisted change. There are also material constraints to the achievement of the various economic activities that come with reconfiguring the Kenyan nation. Worse still there exist certain cultural underpinnings that continue to have a debilitating effect on efforts to forge a sustainable peace after conflict. These aspects require deep reflection and honest work. In part, the contributors to this Volume suggest how it can be done. There is a hint in these chapters that we need to find new organizing spaces and principles on which a ?new? Kenya can move forward. Equally, debating the very meanings of social justice and reconciliation against the background of potential conflict should be a project of this endeavor. Questioning and identifying where impunity begun is key to this process. In doing so, we begin liberating ourselves from Kenyan society?s deep-rooted impunity. (Re)membering Kenya, after all, calls for a reconstruction of ?the journey to the conflict? in order to find the right balance between the right of remembrance and the duty of forgetfulness.
This book is a result of public dialogue forums in pursuit of accountable and transparent governance in Kenya organized by Twaweza Communications with the support of Ford Foundation. From the convenings it was evident that the stability of Kenya will be driven by the extent to which citizens feel fully included in the development agenda. Quite often, political leaders view the role of citizens in governance as restricted primarily to their participation in the electoral process. This narrow view has led to arrogance and total disregard of citizens after poll results are announced. Under the new political dispensation heralded by the promulgation of the Constitution of Kenya on August 27, 2010 this trend must change and the sovereignty of the people, in theory and practice, must be reinscribed. The publication raises important issues worth serious reflection. It also suggests ways in which citizens can better participate in their own transformation. Case studies highlighted in the book exemplify the importance building the Kenyan nation by addressing patterns of exclusion and glaring inequalities. The topics covered include multipartism, natural resource governance, gender, politics of identity, marginalization of Coastal Kenya, youth empowerment and investing in knowledge economy among others. The book is a valuable addition to our understanding of the root political and social anxieties in Kenya and how these could be ameliorated.
When voters enthusiastically turn up to cast their vote during general elections, they expect that their action would meaningfully change their lives. But in most of Africa, even when elections are held on a regular basis, voters are quite often disappointed by the performance of their leaders who use the new positions as an opportunity to loot public resources and consolidate power. It is almost as if elections are of minimal value to the populace. Notwithstanding this trend, when they are free and fair, general elections can be transformative. They can bring into the political arena men and women of integrity committed to service and account-ability. Inspired by the determination to have inclusive governance and the advancement of democracy, Kenya's 2013 General Election: Stakes, Practices and Outcomes asks important questions related to political participation, coalition building, politics of identity, the international criminal court, electoral systems and institutions, and the judiciary. The papers are written by mainly Kenyan academics and civil society actors who examine the drivers of the 20?3 general elections and the sources of the mandate to lead.This book is part of publications by Twaweza Communications on democratic practice and accountable governance in Kenya.
During the run-up to Kenya's 2013 general elections, crucial political and civic questions were raised. Could past mistakes, especially political and ethnic-related violence, be avoided this time round? Would the spectre of the 2007 post-electoral violence positively or negatively affect debates and voting? How would politicians, electoral bodies such as the IEBC, the Kenyan civil society, and the international community weigh in on the elections? More generally, would the 2013 elections bear witness to the building up of an electoral culture in Kenya, characterized by free and fair elections, or would it show that voting is still weakened by political malpractices, partisan opinions and emotional reactions? Would Kenya's past be inescapable or would it prepare the scene for a new political order? Kenya's Past as Prologue adopts a multidisciplinary perspective - mainly built upon field-based ethnography and a selection of case studies - to answer these questions. Under the leadership of the French Institute for Research in Africa (Institut franca̧is de recherche en Afrique, IFRA), political scientists, historians and anthropologists explore various aspects of the electoral process to contribute in-depth analyses of the last elections. They highlight the structural factors underlying election and voting in Kenya including the political system, culture and political transition. They also interrogate the short-term trends and issues that influence the new political order. The book provides insight into specific case studies, situations and contexts, thus bringing nuances and diversity into focus to better assess Kenya's evolving electoral democracy.
One of the critical questions that Kenyans have continuously asked is what went wrong in January and February 2008 with the 'peace' they had hitherto enjoyed. There have not been readily available answers to this fundamental question. The collection of papers presented in this book attempt to provide, as a starting point, possible explanations for the events of early 2008 including key background issues in Kenyan history since pre-independence times. Based on a series of public lectures titled (Re)membering Kenya organized by the volume editors together with Twaweza Communications and sponsored by the Goethe-Institut Kenya, the Institute for International Education and The Ford Foundation the lecture series became a way of trying to get scholars to engage meaningfully with the Kenyan public on critical matters pertaining to their nationhood - even if this entailed first calling to question the 'lie' about the very ideas and practices upon which that nationhood is assumed to stand. A key lesson drawn from the unfolding discussions at the Goethe-Institut Kenya was that the 2007 elections' debacle was merely the cusp of momentous crises to do with among other issues, governance, law and order, Parliament's abdication of its role in ensuring accountability from the Executive, dilemmas of identity and socio-economic marginality. The book is the first of three volumes under the (Re)membering Kenya series whose overall objective is to cast some new light on the various trajectories that informed the happenings of January 2008. The present volume brings together some of the best interpretative writing and suggestions on pertinent questions, past and present, ranging from the architecture of Kenya's ethnicity, Kenyanness, generational competition, socialization and violence, iconic representations of identity to the ongoing debate on the efficacy of the Truth, Justice and Reconciliation Commission (TJRC). It is hoped that the issues debated during the public lectures and documented herein will spur further discussions in other spaces within civil society organizations, among activists and in newspapers where the public might continue to expand their thinking on the complex task of (Re)membering Kenya.
The narratives collected by Twaweza Communications in this volume tell yet another side of the story about the violence that engulfed Kenya towards the end of 2007 and the beginning of 2008. The narratives are part of a Daraja Initiative involving media monitoring, reflections and documentation of the traumatic post-election violence period often associated with the contested presidential results of 2007. The goal of the project is to contribute to the protection of constitutional rights of all Kenyans and to the development of a just and democratic country. Because violent conflicts constitute ruptures and continuities and are often preceded by tensions over the uncomfortable co-existence of political, economic, social and cultural systems and relations of power as well as what is perceived as valuable, mobilisation for violence is driven by narratives of the legality and correctness of action such that notions of history, justice and memory are functions of narrative construction, power and authority. Narratives of violent conflict, such as happened in Kenya, are not absolute: they are contested, contradictory and incomplete. But they must be told so that the multiple voices from the citizens are heard.
Regional Integration in Africa Bridging the North-Sub-Saharan Divide came about as a research project conducted by the Africa Institute of South Africa and examines the North African countries' strategies of involvement in the African continent, and their integration initiatives. The book looks at major issues involving Egypt, Libya, Tunisia, Algeria, Morocco and Mauritania. These countries, in most cases, have been treated as separate from sub-Saharan Africa. However, the historical reality and economic and political interests indicate that the North African countries have been and still are closely connected with the rest of the African continent. Egypt, for example, was one of the leading countries in the African unity movement, and, together with Libya, has contributed to the restructuring of the African continental organisation and the establishment of the African Union. The book consists of two parts. The first part includes five chapters written in English, the second part of the book comprises six chapters written in Arabic.
Leading the Night
(2010)
Deprived of being heard, people still have a voice. They make it heard in ways that disturb the status quo. This book is an engagement with such voices. Can Deni, Wairi, Yaadi, matatu people, militia people and taxi drivers in Kenya also ask 'Who am I to be brilliant, gorgeous, talented, fabulous?' as Nelson Mandela did. Why do two men wearing bling bling turn into two snakes dancing in Rika's imagination? The web of corruption is intricate. No-one can lead this night alone. It takes many constellations, each one twinkling in its own radius. Many rays of light dispel darkness. The peoples' good leadership alone can check politicians' terrible ways. Philo Ikonya is the author of two poetry anthologies, This Bread of Peace and Out if Prison.
Getting Heard: (Re)claiming Performance Space is the third in a series of publications on art, culture and society released by Twaweza Communications. The aim is to bring to the fore conversations taking place in Kenya about identity, creativity, nationalism and the generation of knowledge. The series is also about the pursuit of freedom through arts, media and culture. In Getting Heard the performance space is shown to offer wider possibilities for knowledge creation. It shows that in post-colonial Africa political leaders have consistently performed over their subjects at local and national levels. There is discussion of: Kenya National Theatre, Story Telling, Radio Theatre, Translation, African Languages, Music, Media and Mungiki This volume opens a window to our understanding of post-colonial Africa through performances.
In most of Africa, there is evidence of politicised inter-ethnic rivalry and ethnic mobilisation to acquire, maintain or monopolise power as competition for resources intensify. This volume demonstrates how ethnic diversity can be managed at a number of levels in order to improve the lives of citizens. As the contributors show, ethnicity as an identity is fluid and malleable. It can be deconstructed in order to reduce its saliency. Evidently, strong ethnic affliation has also been viewed as a major barrier to human and economic development although ethnically bound welfare organisations do influence the economic and social life of citizens especially in the rural areas, In most of Africa, it is through ethnic identification that competition for influence in the state and in the allocation of resources becomes apparent. Occasionally, governments have sought to address this challenge through ethnic and regional balancing in political appointments. But this does not always work. Drawing on experiences from Eastern Africa and beyond, the contributors discuss how ethnic diversity can be a resource for the region.
This book brings together multiple voices and positions from Africa. These voices, assembled during a 2003 Soap Summit held in Nairobi, are powerful and varied and suggest ways in which issues of health could be tackled in an entertaining manner. The summit organised by Population Communications International - Africa. highlighted the critical role that the arts can play in ensuring better health, especially among the youth. It resulted from the recognition that young people in Africa are faced with a myriad of problems and complications as they struggle to deal with growth and identity formation, within a globalising social and economic setup. They are in dire need of information on their own sexuality and how to deal with it and are getting conflicting signals from the mass media, as well as their immediate environment. The youth are under intense pressure from their peers to engage in premarital sex, which is in most cases unprotected. The HIV/AIDS epidemic presents frightening challenges and all health programs should look for ways of dealing with it. Of great to concern is the vulnerability of women and girls in Africa due to rising poverty, gender violence, lack of access to youth-friendly reproductive health facilities, and lack of a conducive infrastructure especially in informal settlements and in the rural areas. The myriad problems presented by the pandemic require a multi-sectoral approach. This book brings together a number of strategies being undertaken in Africa that combine entertainment and education in a positive way. The voices from the Soap Summit are interspersed with those of the Editor to create a dialogue on entertainment-education that contributes to the discussion on the way social change might be undertaken.
God was African
(2014)
When Kendem, a varsity instructor, returns to his native Lewoh countryside where he spent his childhood, he is seeking relief from the complexity of human civilization after attending the Fulbright Institute in the United States. Instead, he is confronted with two seething issues: how to reveal to his sick and troubled mother the situation in which he finds his elder brother, the successor of Mbe Tanju-Ngong's household, who travelled to the United States many years before and had never returned and the dispute over Fuo Beyano's funeral which is tearing the land apart, whether the deceased village chief, should be given a Christian burial or he should, according to the age-old tradition of Lewoh people, go through a ritual to enable him return and continue ruling his people.