Legal Response to Terrorism: Case Study of The Republic of Kenya

Terrorism remains a major threat to Kenya s national-security interests. However, efforts to combat the menace are hampered by an insufficient legal framework. Previously, terrorism-related offenses were primarily handled under the provisions of the penal code, with the result that offenders received lenient sentences or even were acquitted. On the other hand, efforts to formulate specific counter terrorism legislation in the past were met with criticism from human rights bodies, the clergy, legal bodies, and the public at large. This book examines the development of counter terrorism legislation in the Republic of Kenya. It evaluates the sufficiency of the criminal-justice system, the British legal response to counter terrorism as a basis for comparison, and current counter terrorism legislation. The 2012 Prevention of Terrorism Act marks a great improvement, especially in safeguards to the rights of persons and entities. The act, however, still leaves open the definition of terrorism and the appeals process for the proscription of entities. This book recommends further refinement of these clauses and the establishment of stricter rules, vesting power under the president and prime minister (similar to the U.K.) with cabinet approval.