Public pressure, temptation of power and unconstitutional actions in the war against terrorism in Kenya: suggesting a link
Date
2016-01
Authors
Yongo, Cecil
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
Abstract
The reaction of the government in Kenya, like many other governments around
the world, to terrorist attacks has generally been to strengthen existing laws and
enact novel laws, especially those that aid the state’s intelligence-gathering capabilities,
along with those that are punitive. In some cases, even in Kenya, States
have taken, or have attempted to take, extra-Constitutional and unconstitutional
actions. This is the approach that this paper characterises as arising from ‘temptation
of power’, and in that regard, this interdisciplinary paper is—through an
analysis of scholarship in law, sociology and information/ communication—an
attempt to investigate the origin, results and wisdom of such an approach in the
war against terror, its effect on the rule of law and minority rights in society; and
propose why and how it can be avoided.
Description
Article
Keywords
Terrorism, Kenya, Public pressure, Law, Constitution, Security