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Category: Publications

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Reflections on African Union ICC Relationship

The Kenya Section of International Jurists a member of the African Network on International Criminal Justice (ANICJ) released, “Reflections on African Union ICC Relationship” publication during the 22nd Ordinary African Union Summit in 2014.

The publication provides 5 short pieces by African activists across the continent on the summit and the need for African leaders to give more support to the ICC as a crucial court of last resort for African victims. Some of the most important comments by the authors are below.

Created 02-Apr-2016   378.13 KB   1,891 Downloads

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Petty Offences Pamphlet: Support Steps to Decriminalise and Declassify Laws that Marginalise the Poor

Petty offences are used on a daily basis throughout Africa to arrest and abuse vulnerable populations, often under the guise of urban transformation, crime prevention, privatisation, beautification and redevelopment. Petty offences are frequently used to arrest and detain marginalised population groups:

  • Begging and vagrancy offences are often used as a basis to arrest and detain street children, in violation of international law and recognition of them as children in need of care and protection.
  • By-laws are often used against street vendors, who end up being targets for bribery and abuse by police officers.
  • Sex workers are frequently targeted for bribery and abuse by police even though there is no proof of them having committed any offence and despite the fact that the act of selling sex for reward is not a criminal offence in most countries in Africa.
  • Offences relating to vagrancy are also routinely used to detain persons with psycho-social and intellectual disabilities.

Created 02-Apr-2016   184.05 KB   1,152 Downloads

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Report review of the Small Claims Court Bill, 2015

This report reviews the Small Claims Court Bill, 2015 (SCC). In its statement of objects and reasons, the principal objective of the Bill is stated to be: ‘to give effect to Article 48,159 and 169 of the Constitution’. According to the Statement, it is provided that an attempt is made to establish a court that ‘which shall resolve disputes informally, inexpensively and expeditiously in accordance with the principles of law and natural justice.’ The report reviews, and makes recommendations in relation to various aspects covered in the draft law: constitutional basis for jurisdiction (personal, pecuniary, subject matter and geographic); institutional design; various issues relating to SCC staff and; procedure of the SCC.

Created 02-Apr-2016   308.16 KB   1,728 Downloads

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Access to Information Law in Kenya Rationale and Policy Framework

Through this research, ICJ Kenya seeks to lay a policy foundation and rationale for the enactment of an access to information law in Kenya through highlighting the existing constitutional and statutory frameworks in the country and also provide comparative lessons from select jurisdiction on their existing legislative frameworks that govern the right. It is ICJ Kenya’s pleasure to avail this publication as a contribution to the field of access to information and the ongoing advocacy efforts for the enactment of an access to information legislative framework in Kenya.

Created 02-Apr-2016   363.03 KB   2,000 Downloads

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Parliamentary Watch Report Vol 1 Enhancing Parliament's Compliance with the Constitution of Kenya 2010

This publication presents research conducted on Building a democratic legislature in Kenya, the Code of Conduct for members of Parliament in Kenya and review of the Senate Standing Orders.

Some of the issues discussed in the researches include, the extent to which the Kenyan Legislature is democratic, a history of legislative reforms in Kenya, the new provisions in the Constitution of Kenya, 2010 on the legislature, the various legislation touching on the Kenyan legislature’s conduct and a comparative analysis of various countries legislative code of conduct.

We are therefore pleased to make available this research as an important and timely contribution to the overall discussions now regarding Democratization of the Kenyan Parliament.

Created 02-Apr-2016   2.34 MB   1,305 Downloads

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Transitional Justice in Kenya-A Toolkit for Training and Engagement

Transitional Justice, as an evolving and contested concept and process, has become one of the major governance and reform projects for societies emerging from situations of oppressive rule and conflicts. It entails a number of mechanisms and tools, which must be applied within the specific contexts of the

countries in question. This Toolkit captures a number of transitional justice mechanisms and tools relevant to Kenya.


Created 08-Apr-2015   2.02 MB   1,617 Downloads

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