As the ICC Review Conference nears, it is time to consider how best to create a form of international criminal justice that is culturally and socially appropriate in non-Western settings. Continue reading →

Read the rest of International Criminal Justice and Non-Western Cultures »

When a Kenyan Cabinet minister suggested in early 2007 that perpetrators of corruption be pardoned if they confessed their guilt and returned the spoils, there was surprisingly little public reaction. This was perhaps taken with a pinch of salt given that Kenyan politicians are good at talking but then doing nothing. But when former anti-corruption chief John Githongo (accused by some of behaving like a drama queen and self-appointed high priest), made a similar statement in mid August 2008, his view made headlines that drew sharp reactions. Continue reading →

Read the rest of Kenya’s Economic Crimes: Can a conditional Amnesty be meaningful? »

There is a renewed interest in a new constitutional order in Kenya. A bad constitution is blamed for the post-election crisis, allowing the president to pack the electoral commission with his cronies shortly before the election; a largely unaccountable electoral commission declaring presidential election results without proper counting or reliable records; enormous powers vested in the office of, or illegally appropriated by, the president; the centralisation of power in Nairobi; the lack of public participation; the lack of autonomy, effectiveness and legitimacy of state institutions, particularly those for accountability and justice, principally judges, police, prosecution and the attorney general; opportunistic political parties and unprincipled politicians; and resulting corruption and wide scale impunity. Continue reading →

Read the rest of Decreeing and establishing a constitutional order: challenges facing Kenya »

Judges deal in fear, pain and death. However exercised, judicial power has a tremendous impact on the socio-economic, political and cultural systems of a nation. Kenyan masses remain alienated not merely by the foreign language and condescending demeanor of courtrooms but also the centralization of justice. Consequently, we must ask: is the quality of justice determined by the performance of an incumbent occupant of a judicial position? If so, who should appoint judges? What is to be done when the actions of a politically partisan Chief Justice cow an entire judiciary to bow to executive whims? Continue reading →

Read the rest of Incremental Judicial Reforms in Kenya »

Nineteen months have passed since Kenya’s contested 2007 election, when the rapid re-inauguration of President Mwai Kibaki heralded an outburst of post-election violence – characterised by targeted attacks on ethnic ‘others’, an overzealous state security response, and retaliatory attacks on ‘aggressor’ communities – which left over 1,000 people dead and more than 350,000 displaced. The violence ended in February 2008, when a coalition government was formed, but ‘deep peace’ remains elusive and reforms unlikely. What is left is only rhetoric differentiating this administration from post-Mau Mau amnesia and investigative committees without reforms, as after the ‘ethnic clashes’ of 1991-1993. Continue reading →

Read the rest of Kenya Post-2008: The calm before a storm? »

Reading this brought the past four decades cascading through my memory. Arriving in Kosti Boys School in 1966 my first introduction to my colleagues on the staff revealed that almost all wore Western dress and taught in English across virtually

Read the rest of The Historic Struggle over the Judiciary »

Manichaean Delirium: Decolonizing the Judiciary and Islamic Renewal in Sudan, 1898-1985 by Abdullahi Ibrahim. Few have written in detail about the key institution of the Sudan Judiciary, its corps of professional judges, its management of the courts whose role has

Read the rest of Rectifying the Neglect of Sudan’s Judiciary »

It’s an unfortunate reality that books on Sudan by Sudanese authors—even those who have a wonderful English writing style, and who deal with their subject matter in a way that combines insight with accessibility—rarely get the attention they deserve. We

Read the rest of Sudan’s Colonized Judiciary »