The Halting problem: a study on the adoption of diplomatic assurances in Kenya for refugees and asylum seekers who are a threat to Kenya’s national security

Abstract

The main objective of this dissertation is to show that diplomatic assurances can be adopted into Kenya’s extradition laws to prevent further human rights violations that arise from renditions. The research will limit its study to looking at the fiduciary relationship states have with foreign nationals such as refugees and asylum seekers who have sought protection in a foreign state. This relationship will aid in the assessment of why states failed or succeeded while relying on diplomatic assurances to ensure that the subject of the agreement would not be exposed to mistreatment that would be defined as torture and ill-treatment. To replicate the lessons learnt from the successful and failed application of the agreements, the dissertation shall structure requirements that would aid in guiding a state to assess the validity of the assurances before approving the expulsion of the suspected terrorist. The methodology that will be relied on to aid in informing these desired discussions includes desk-oriented research, primary sources such as international authorities and secondary sources such as scholarly work. From the applied methodology, the main finding is that the degree of human rights violations rendered individuals are exposed to and the risk of compromising national security present an impossible situation to courts and the institution responsible for these matters. In conclusion, the balance required while questioning which of these two to protect gives a god-like power to the decision maker. To reduce the amount of pressure placed on the body in charge of deciding, the dissertation recommends the adoption of diplomatic assurances in cases that require a balance of the above issues.