Kenya has been removed from the list of countries that risk international sanctions after passing the antiterrorism law and putting in place other measures to check money laundering. Kenya enacted its prevention of terrorism act in 2012 while ugandas antiterrorism act was passed in 2002. Biometric registration in april 2014, the kenyan government announced that it would be registering all kenyans in a new national digital database that would include biometric details as well as information on land ownership. Kenyan lawmakers passed legislation that further empower security forces and strengthen legislative controls over. The anti terrorism act, 2015 also known as bill c51 is an act of the parliament of canada passed by the harper government that broadened the authority of canadian government agencies to share information about individuals easily. Dec 08, 2014 officers from four units of kenyas antiterrorism police unit atpu said that police assassinated terrorist suspects on government orders. The use and abuse of antiterrorism laws in africa center. These 5 facts explain terrorism in kenya family members sit on a bench as they wait to view the bodies of their loved ones who had been killed in an attack on garissa university college, at a. In retaliation to operation linda nchi, the alshabaab has carried out a number of attacks in kenya from 2011.
The subsequent events of 911 in 2001 and july 7 in 2005 led to further legislation, resulting in the anti terrorism, crime and security act 2001, the prevention of terrorism act 2005 and the. Kenya has its first laws ever specifically targeting acts of terrorism. Scuffles break out in kenyas parliament in nairobi fistfights and scuffles broke out in the kenyan parliament on thursday as members approved sweeping anti. Kenya human rights commission khrc opposite valley arcade, gitanga road, p. The anti terrorism, crime and security act 2001 terrorism act 2006 counter terrorism act 2008 terrorist asset freezing etc act 2010. Draft anti terrorism legislation has been rejected by parliamentarians on the grounds that it did not comply with kenya s international and constitutional obligations, leading some commentators. It also expanded the mandate of the canadian security intelligence service csis, and was described as the first.
How does the implementation of counter terrorism measures. At the urging of alshabaab, an increasing number of terrorist attacks in kenya have been carried out by local kenyans, many of whom are recent converts to islam. Kenyan president mwai kibaki approved the prevention of terrorist act 2012, kenyas first piece of antiterrorist legislation to be passed, on 2 october 2012. Counterterrorism operations undermine rights human. The antiterrorism act, 2015 also known as bill c51 is an act of the parliament of canada passed by the harper government that broadened the authority of canadian government agencies to share information about individuals easily. In 1980, jewishowned norfolk hotel was attacked by the plo. The use and abuse of antiterrorism laws in africa with. Kenyan lawmakers passed legislation that further empower security forces and strengthen legislative controls over media, civil society, and other sources of. Muslim leaders criticise new antiterrorism draft legislation kenya. Humphrey fellow american university maria burnett uganda researcher, africa division human rights watch stephan klingelhofer senior vice president international center for notforprofit law moderated by. On august 7, 1998, midmorning explosions killed 2 people, 12 of whom were u. Dec 18, 2014 scuffles break out in kenyas parliament in nairobi fistfights and scuffles broke out in the kenyan parliament on thursday as members approved sweeping antiterrorism laws that rights activists. There are many western interests in kenya, which form a good target for terrorists. The antiterrorism police unit atpu, a law enforcement agency, has come to be associated mainly with extrajudicial killings human rights watch, 2014.
Definition of terrorism social and political effects. This thesis examines the development of counterterrorism legislation in the republic of kenya. In kenya, recent terrorist attacks have fueled demands for antiterrorism legislation. Even fewer groups have spoken out against the governments participation in a regional rendition programme in the horn of. Kenya antiterror law faces legal setback news al jazeera. Its creation responded to the development of a national counter terrorism strategy in april 2003 reflecting the concern of the national leadership about the sharp escalation of the terrorist threat to kenya. Draft antiterrorism legislation has been rejected by parliamentarians on the grounds that it did not comply with kenyas international and constitutional obligations, leading some commentators. Kenya high court declares portions of antiterrorism law. Accurate legal definition of terrorism is important for society and for governance to enable successful investigation and prosecution of terrorists within the established judicial system. Although kenya boasts of the most stable, effective and democratic government compared to all the countries in the horn of africa, the country in most recent years has experienced the most terrorist attacks which are a challenge to both intelligence and security services. Apr, 2010 it is mainly human rights campaigners, lawyers, muslim organizations and leaders, and some politicians that have opposed proposed anti. The national counter terrorism centre nctc is a multiagency instrument primarily of security agencies built to strengthen coordination in counter terrorism. Kenyan president mwai kibaki approved the prevention of terrorist act 2012, kenya s first piece of anti terrorist legislation to be passed, on 2 october 2012.
Kenya has yet to adopt data protection legislation and the collection, centralisation and sharing of this type of data. Published by international media support and media council of kenya 2016 a handbook on reporting terrorism international media support ims contributes to peace, stability and the development 0f democracy in conflict and conflict threatened areas through rapid interventions to promote and strengthen press freedom. The csis africa program cordially invites you to attend. The core leadership of the kenyan cell consisted primarily of citizens of the gulf states, somalia, pakistan, and the comoro islands who had assimilated into local cultures along the indian ocean seaabout the institute the united states institute of peace is an. The anti terrorism police unit atpu, a law enforcement agency, has come to be associated mainly with extrajudicial killings human rights watch, 2014. Oct 21, 2012 kenya has been removed from the list of countries that risk international sanctions after passing the anti terrorism law and putting in place other measures to check money laundering. An act to suppress acts of terrorism, to provide for the punishment of persons who plan, instigate, support, finance or execute acts of terrorism. Many kenyans acknowledge the need for stronger laws. In september 2016, the government of kenya launched a national strategy to counter violent extremism nscve, which calls for a significant shift in approach, including the involvement of. There is a need for the development of an antiterrorism legislation in kenya. In seeking to answer these questions the thesis undertook an indepth analysis of kenyas prevention of terrorism act and ugandas anti terrorism act and considered the application of the legislation in the respective countries.
Officers from four units of kenyas antiterrorism police unit atpu said that police assassinated terrorist suspects on government orders. Jurist the supreme court of kenya official website ruled press release, pdf monday that eight sections of the nations controversial antiterrorism law are unconstitutional. But democracy advocates and civil society groups in kenya, fresh. The kenya led team will be based in nairobi, will follow the u. Whereas the republic of kenya has enacted the prevention of terrorism act, 2012, the prevention of organized crimes act, 2010 and the proceeds of crime and antimoney laundering act, 2009. The national counter terrorism centre was established in 2004 by a decision of the cabinet. There is a need for the development of an anti terrorism legislation in kenya. Sep 11, 2017 in the wake of the 911 attacks in 2001, kenya did not immediately enact counterterrorism legislation. A handbook on reporting terrorism media council of kenya. Subsidiary legislation prevention of terrorism act page. This study investigates why kenya, unlike other states around the world, did not enact antiterrorism legislation that would have enabled it to have counterterrorism measures in the aftermath of 911 and only did so in 2012. The antiterrorism, crime and security act 2001 terrorism act 2006 counter terrorism act 2008 terrorist asset freezing etc act 2010.
In seeking to answer these questions the thesis undertook an indepth analysis of kenya s prevention of terrorism act and ugandas anti terrorism act and considered the application of the legislation in the respective countries. Threat of terrorism in kenya kenya is perceived as a soft target for terrorist activities. The police killings, according to an atpu officer, were ordered by kenyas national security council and run into the hundreds every year. Kenyas troubling new antiterrorism legislation police stop a protester from demonstrating for freedom of speech outside kenyas parliament, december 18, 2014. In kenya, recent terrorist attacks have fueled demands for anti terrorism legislation. It was passed on 20 july 2000 and came into force on 19 february 2001.
The subsequent events of 911 in 2001 and july 7 in 2005 led to further legislation, resulting in the antiterrorism, crime and security act 2001, the prevention of terrorism act 2005 and the. Terrorism in kenya by koome gikunda graduating senior introduction kenya has been the battlefield of tragic terrorist attacks on western interests twice since 1998 once in 1998 when the us embassy was attacked and a second time in 2002 when a israeliowned paradise hotel was bombed. Muslim leaders criticise new anti terrorism draft legislation kenya. In the wake of the 911 attacks in 2001, kenya did not immediately enact counterterrorism legislation.
Fights break out in kenyan parliament over controversial anti. Whereas the republic of kenya has enacted the prevention of terrorism act, 2012, the prevention of organized crimes act, 2010 and the proceeds of crime and anti money laundering act, 2009. The kenyaled team will be based in nairobi, will follow the u. In a historic move, president kibaki has assented to the hardfought prevention of terrorism act, 2012, a law expected to. Since late 2011, in the wake of their somalia invasion, kenya has seen an upsurge in violent attacks. Even fewer groups have spoken out against the governments participation in a regional rendition programme in the horn of africa supported by the united states. Department of state and the fbi announced that they have partnered with kenya to establish the first ever joint terrorism task force jttf outside of the united states.
Court suspends key clauses of legislation passed by parliament and signed by the president owing to rights concerns. The use and abuse of anti terrorism laws in africa with. It is mainly human rights campaigners, lawyers, muslim organizations and leaders, and some politicians that have opposed proposed anti. The effectiveness of counter terrorism strategies in kenya.
Similarly, previous studies which suggest that kenya enacted anti terrorism legislation in 2012 because of the detrimental effects of terrorism on the countrys security and economic interests do not explain why these factors did not elicit the same response in 2003 and 2006. Apr 10, 2015 these 5 facts explain terrorism in kenya family members sit on a bench as they wait to view the bodies of their loved ones who had been killed in an attack on garissa university college, at a. The internet legislative and policy environment in kenya. That bill, the suppression of terrorism bill, 2003, failed to see the light of day after protests by. Ken nyaundi traces and critiques kenyas legal and judicial responses to violent extremism from 2003 when the first attempt was made to enact antiterrorism legislation.
Whereas the constitution recognizes the general rules of international law and treaties or convention ratified by kenya to be part of the laws of kenya. The nctc was established in law by the security law amendment act 2014, however it has existed since. Antiterrorism law saves kenya from wrath of global sanctions. Kenyas troubling new antiterrorism legislation council on. Analysing the impact of terrorism on kenya tourism essay. This study investigates why kenya, unlike other states around the world, did not enact anti terrorism legislation that would have enabled it to have counterterrorism measures in the aftermath of 911 and only did so in 2012.
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