Legal Responses to Terrorism: Case Study of the Republic of Kenya
NAVAL POSTGRADUATE SCHOOL MONTEREY CA DEPT OF NATIONAL SECURITY AFFAIRS
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Terrorism remains a major threat to Kenyas national security interests. However, efforts to combat the menace have been hampered by an insufficient legal system. Historically, terrorism-related offenses were primarily handled under the provisions of the penal code, with the result that offenders received lenient sentences or were even acquitted. Efforts to formulate specific counterterrorism legislation were met with criticism from human rights groups, the clergy, legal bodies, and the public at large. This thesis examines the nascent development of counterterrorism legislation in the Republic of Kenya. It evaluates the sufficiency of the Kenyan criminal justice system, the British legal response to terrorism in Northern Ireland as a basis for comparison, and current counterterrorism legislation. The 2012 Prevention of Terrorism Act marks a great improvement in counterterrorism efforts, and it also contains safeguards to protect the rights of persons and entities. However, the act still leaves open the definition of terrorism and the appeals process for the proscription of entities. This thesis recommends further refinement of these clauses and the establishment of stricter rules, vesting power under the president and prime minister similar to the United Kingdom with cabinet approval.
- Government and Political Science
- Sociology and Law
- Unconventional Warfare