Constitutional and Legal Framework for the Enforcement of County Laws in Kenya. Challenges and Proposals PDF Download

Author: Leonard Mwakuni
Publisher:
ISBN: 9783346181442
Category :
Languages : en
Pages : 32

View

Book Description

Author: Leonard Mwakuni
Publisher: GRIN Verlag
ISBN: 334618143X
Category : Law
Languages : en
Pages : 32

View

Book Description
Essay from the year 2018 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: This paper discusses the Kenyan constitutional and legal framework for the enforcement of county laws. It exposes the inadequacy of the legal and institutional framework as the root of all other challenges experienced in the enforcement of county laws in Kenya. These challenges include lack of capacity for the enforcement of county laws by the counties, corruption menace, lack of a uniform code of conduct for county askaris, the novelty of devolution to county askaris and the general public and the lack of county courts to resolve disputes involving counties and enforce county laws. Proposals for addressing these challenges are given stressing on the need to enact legislation to provide for the legal and institutional framework for the enforcement of county laws in Kenya. This is important because one of the ways through which the objects of devolution can be achieved in Kenya is through the effective and efficient enforcement of county laws and regulations. Kenya adopted a new Constitution on 27th August 2010 with devolution1 being one of its most transformative aspects. Devolution was a good solution to the problems of marginalization, inadequate service delivery and regional disparities in development which was associated with the highly centralized system of government. With devolution, two levels of government were created: national and county governments.

Author: Charles M. Fombad
Publisher: Oxford University Press
ISBN: 0191077925
Category : Law
Languages : en
Pages : 500

View

Book Description
The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Author: Tom Mboya
Publisher: East African Publishers
ISBN: 9789966469748
Category : Africa
Languages : en
Pages : 276

View

Book Description

Author: Richard W. Bauman
Publisher: Cambridge University Press
ISBN: 1139460404
Category : Law
Languages : en
Pages : 553

View

Book Description
Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.

Author: Conrad Bosire
Publisher:
ISBN: 9788896155165
Category :
Languages : en
Pages : 339

View

Book Description

Author: Ololade Shyllon
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 268

View

Book Description
Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

Author: Jeffrey Goldsworthy
Publisher: Routledge
ISBN: 1351151223
Category : Law
Languages : en
Pages : 323

View

Book Description
Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.

Author: Michael Mutinda
Publisher: GRIN Verlag
ISBN: 3346244091
Category : Law
Languages : en
Pages : 71

View

Book Description
Bachelor Thesis from the year 2018 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A, Moi University, course: LAWS, language: English, abstract: This legal research paper investigates the gubernatorial impeachment motions, proceedings and cases in the Kenyan devolved system since 2013 when the first governments took power under the new Constitution of Kenya, 2010. The constitutional, legal and institutional framework for the removal of county Governors from office through impeachment in the Kenyan devolved system is examined. The removal process of county Governors effectively for the realization of the objects of devolution in Kenya is accessed. Nigerian jurisprudence on gubernatorial impeachment is used because it provides instructive lessons on interpreting the Kenyan constitutional provisions on the removal of county Governors through impeachment. The result of this study is that the gubernatorial impeachment process in the Kenyan devolved system is a three-way process. The starting point is the County Assembly (CA) where the Member of County Assembly can table an impeachment motion against the county Governor. Secondly, should the impeachment motion succeed against the sitting county Governor, the Speaker of the CA forwards the resolution to the Senators who then investigate the impeachment claims made against the county Governor. Lastly, where the county Governor facing impeachment proceedings feels that their rights are being violated and or the CA and Senate are not following the stipulated procedure, they are allowed to access the courts to be granted appropriate reliefs. The jurisprudence emerging from the Kenyan courts has been useful in this research. Nigerian jurisprudence on gubernatorial impeachment has also been useful on providing instructive lessons on how the Kenyan constitutional provisions on the removal of county Governors from office can be interpreted. This legal research paper concludes that for the intended purpose of gubernatorial impeachment to be achieved, the people must not only be informed and involved in the removal process of their county Governors but the CAs and Senators must also demonstrate political goodwill while conducting this constitutional process. This is because one of the ways through which the objects of devolution can be achieved in the Kenyan devolved system is through accountable governance from the State Officer.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309103924
Category : Computers
Languages : en
Pages : 451

View

Book Description
Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.