Browsing by Author "Nanima, Robert"

Now showing 1 - 7 of 7
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    Adjudication of Corporal Punishment and the Implementation of Sustainable Development Goal 16.2: An evaluation of the Kenyan Experience
    (CEDRED Publications, 2020) Nanima, Robert
    Under the laws of Kenya, the best interests’ principle is a key consideration in all matters affecting children. A topical issue is its’ report on the realisation of the SDG Agenda. Closely related to the same is Kenya’s adoption of the Sustainable Development Goals in 2015 – including target 16.2 concerning abuse, exploitation, trafficking and all forms of violence against and torture of children. This chapter evaluates Kenya’s approach to dealing with corporal punishment by the executive, legislature and judiciary in the context of SDG 16.2. The chapter uses three sub-claims to evaluate this argument. First, it situates SDGs in Kenya’s legislative framework. Secondly, it analyses the implementation of SDG 16.2 by the government. Thirdly, the chapter revisits the decision in Isaac Mwangi Wachira v Republic to showcase the courts’ approach to corporal punishment. A conclusion and recommendations follow. The Chapter adopts a desktop approach to evaluate available literature, legislation, policies, case law and similar sources. It is hoped that this law ignites academic debate on the efficacy of dealing with corporal punishment in Kenya.
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    Barnard v Minister of Justice: the minister’s verdict
    (Institute for Security Studies & University of Cape Town, 2017) Nanima, Robert
    Granting parole to offenders serving life sentences has raised questions in public and political discourse. This contribution evaluates the discretion of the minister to decline parole under Section 78(2) of the Correctional Services Amendment Act 25 of 2008 (CSAA). It examines the drafting history of Section 78(2) of the CSAA, evaluates the full extent of the ministerial powers, and reviews its recent application in Barnard v Minister of Justice, Constitutional Development & Correctional Services and Another. It argues that ministerial discretion to refuse parole needs to be re-examined in the wake of that decision, and recommends elements for inclusion in the minister’s decision to refuse parole.
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    The community leaders training workshop, Cape Town, 10-11 March
    (Sabinet, 2020) Nanima, Robert
    This workshop formed part of a series that since 2015 has been looking at issues of housing, health, social security and other constitutional matters. With its emphasis on the social determinants of the right to health, the workshop was attended by community representatives from Fisantekraal, Ocean View, Bloekombos and Manenburg, along with experts on socioeconomic rights in the areas such as health and housing. Nine presentations were made over a period of two days.
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    Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations
    (University of Pretoria, 2020) Nanima, Robert
    The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the Dakar Declaration, the Robben Island Guidelines and the Principles and Guidelines on the Right to a Fair Trial and Legal Representation in Africa. It is argued that the emerging jurisprudence on evidence obtained through human rights violations has a limited developmental framework, owing to the normative framework. This contribution discusses the normative framework, and qualifies the limited jurisprudence. The final step engages the jurisprudence of the Commission followed by a conclusion and recommendations.
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    From regulations to courts: an evaluation of the inclusive and exclusive criteria on children with co-caregivers in the era of Covid-19
    (Sabinet, 2020) Nanima, Robert
    At the time of writing, more than 5.2 million persons have been infected by Covid-19, leading to 340,000 deaths, while about 2.2 million people have recovered (WHO 2020). South Africa has reported 23,000 infections and 481 deaths (DoH 2020). On 27 March 2020, South Africa declared a national state of disaster and effected a national lockdown. This greatly affected the provision of services across the entire country, save for the provision of essential services.
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    Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction
    (CEDRED Publications, 2021) Nanima, Robert
    Various steps have been taken in both East and Southern Africa to combat the vice of moneylaundering. Notable steps are evident in Kenya as the business hub for East Africa. The era ofglobalisation has without a doubt led to various advantages such as transnational modernisation,marketing of predominant consumerist values. While this has to a great extent destabilisedcustoms and tradition, crime has continued to inform this process of destabilisation. This isagainst the backdrop that globalisation subsequently ushers in new and favourable contexts forcrime through the ‘compression of time and the annihilation of space’. Some States haveprovided for extraterritorial jurisdiction of anti-money laundering offences as a holistic steptowards mitigation of the vice. In the context of Kenya’s Anti-money laundering law and using adesktop research approach, this contribution evaluates the argument that extraterritorialjurisdiction provides a tool for mitigating the commission of a crime and the effects thereof.First, the author uses a literature review to make a case for extraterritorial jurisdiction and thepros and cons it presents. Secondly, a twofold engagement of the findings is done; an evaluationof the use of extraterritorial jurisdiction in some laws in Kenya and the position of the Proceedsof Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019). Thirdly, a conclusionfollowed by recommendations on the way forward is done. (PDF) Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction. Available from: https://www.researchgate.net/publication/356645951_Revisiting_Kenya's_Proceeds_of_Crime_and_Anti-Money_Laundering_Act_9_of_2009_Revised_2019_an_opportunity_for_extraterritorial_jurisdiction [accessed May 04 2022].
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    The role of citizens in the fight against corruption in Kenya
    (University of the Western Cape, 2022) Wegulo, Emily Wakesho; Nanima, Robert
    Corruption in Kenya is so endemic that there is hardly any stigma attached to it. Despite the numerous institutional and legislative anti-corruption interventions, corruption still has a firm grip upon Kenya. The effects of corruption are borne mostly by ordinary citizens who lack access to basic amenities and have to negotiate corrupt conduct in the course of their daily activities. This study presupposes that corruption does most harm to the poorest wananchi (citizens) and that it is necessary that they participate more meaningfully in the formulation and implementation of anti-corruption strategy.