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An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict
(University of the Western Cape, 2016)
The concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written ...
Revisiting Bilateral Investment Treaties (BITs) in the 21st Century : a Kenyan and South African experience
(University of the Western Cape, 2015)
BITs signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or ...
Domestic prosecution of international crimes in Kenya : a critical analysis
(University of the Western Cape, 2015)
A critical evaluation of the cases of Kenyatta and Ruto before the International Criminal Court
(University of the Western Cape, 2014)
The International Criminal Court (hereafter ‘ICC’ or ‘the Court’), in its fight against impunity is slated to put on trial, in conformity with Article 27 of the Rome Statute1, an incumbent Head of State and his Deputy for ...
Implementation of the Rome statute in Kenya : legal and institutional challenges in relation to the change from dualism to monism
(University of the Western Cape, 2012)
The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of ...
An interpretation of the constitutional framework for devolution in Kenya: a comparative approach.
(University of the Western Cape, 2014)
Kenya adopted a new Constitution in 2010, with devolution of political power, responsibilities and resources to newly created counties as its centrepiece and most transformative aspect. Devolution was intended to address ...
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
(University of the Western Cape, 2013)
State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ...
Trade capacity building in the multilateral trading system: how can developing and least developed countries benefit? a case study of Kenya and Zambia
(2010)
The provisions of the General Agreement on Tariffs and Trade (GATT 1994) generally give favourable consideration to developing and least developed countries.1 Firstly, at the core of these provisions is the principle of ...
International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situation
(University of the Western Cape, 2010)
Kenya’s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that ...
Public participation in constitution-making: A critical assessment of the Kenyan experience
(University of the Western Cape, 2009)
Kenya has embarked on a constitutional making process that is hoped to ensure a transition to
democracy. The current constitution making process is not the first of its kind in post
independence Kenya.1 Since the Lancaster ...