Digest of terrorist cases united nations office on drugs and crime. The attack is the most deadly terrorist incident in kenya since the 1998 al qaeda bombing of the u. Since it emerged from the islamic courts union icu in 2007. Radicalisation and terrorist recruitment among kenyas youth. The paper also illuminates the recommendations on how terrorism can be tackled in kenyan universities. Mar 22, 2018 terrorists targeted kenyas parliament and supreme court. Background report alshabaab attack on westgate mall. Most notable here were those attackers included in the us indictment of bin laden issued on 6.
Terrorism in kenya has put the once tourist favourite nation into a state of sadness and loss. Combating transnational terrorism in kenya and whether the kenyan government effort to fight terrorism is effective in reducing the transnational terrorism threat in the country by hared h. Background report alshabaab attack on westgate mall in kenya. These terrorist attacks underlined the emerging threat of international terrorism to the region. See the escalation in terror attacks in kenya in a list detailing each attacks location. Terrorism clearly has a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and. Terrorism initiative, the combined joint task forcehorn of africa, and the anti terrorism police unit.
Terrorism is without a doubt, one of the biggest challenges facing kenya and the world in general, serving as major threat to security and the economy. A kenyan parliamentary committee has opposed a new draft bill aimed at combating terrorism in the east african nation. Alshabab remains capable of carrying out massive attacks in somalia and surrounding countries despite a longrunning african union offensive against the islamist group. Various reasons for joining the major refugee camps in kenya, such as dadaab or kakuma, have traditionally been recruiting grounds for terrorists.
Here are the 3 most devastating terrorist attacks in kenya. Abstract this paper examines the meaning of terrorism and its causes. While the anti terrorism police unit has been the subject of controversy, a 2009 pew global attitudes project poll reported that 80% of kenyans favored the u. While the antiterrorism police unit has been the subject of controversy, a 2009 pew global attitudes project poll reported that 80% of kenyans favored the u. Provide a practical tool for practitioners dealing with terrorism.
Introduction and reforms in kenya like other nations in the continent of africa before the european imperialists established colonized the african territories, the african traditional communities atc used the fora of justice at family, shrines, churches, mosques. Pdf on jan 1, 2016, nabil orina and others published fighting terror within the law. Kenya, taking hostages and killing at least 67 people. Since 2008, when alshabaab launched its first attack in the country, kenya has experienced more than 330 attacks, an average of approximately 47 attacks a year. The jurisdiction of the courts of kenya for the purposes of this code extends to every place within kenya, including territorial waters. Terrorists have struck various times in kenya claiming innocent lives whenever they do. Terrorism 3 most devastating terror attacks in kenya. Kenyan courts generally recognize a governinglaw clause in an agreement that provides for foreign law. A kenyan court would not give effect to a foreign law if the parties intended to apply it in order to evade the mandatory provisions of the kenyan law with which the. Such multilateral grand strategy involves strengthening regional and international actors in the unstable somalia,fight against. 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.
The practice of kenyan courts reflected in this manual is evidence of the high level of expertise in kenya regarding complex human rights questions that arise in the criminal justice response to terrorism. The important aspects in the structure of courts are. Unodc launches manual on human rights and criminal. Background report alshabaab attack on garissa university. Kenyan elgiva bwire oliacha stands next to exhibits presented to courts before being sentenced to life imprisonment after he admitted involvement in a. Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case by.
The consequences of organized crime for a democracy, particularly in developing and weak states, are most damaging where criminal organiza tions have penetrated the political domain in order. Good practices for the judiciary in adjudicating terrorism offenses. The refugees act is amended by deleting the word notwithstanding appearing in section 121 and substituting therefore the words subject to. Now recruitment is much more widespread, due to the increasing criminal and terrorist activities in. Unodc launches manual on human rights and criminal justice responses to terrorism. Mohameds case, like 56 other extrajudicial killings of muslims recorded by haki africa and the justice forum between 2014 and 2015 in kenyas coastal region, provide a glimpse into the abuse meted out in kenya in the name of the war on terror. Kenyan authorities should urgently investigate alleged killings, disappearances. The center completed assessments of the asiapacific region in april 2007, southern africa in november 2007, and the western hemisphere in april 2008. The major refugee camps in kenya have traditionally been recruiting grounds for terrorists. Terrorism remains a major threat to kenyas nationalsecurity interests. From 19702007, kenya experienced 190 terrorist attacks, an average of just over 5 attacks a year.
In 1980, jewishowned norfolk hotel was attacked by the plo. 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. Hotels were almost collapsing and thousands of kenyans lost their jobs. Terrorism and the kenyan public article in studies in conflict and terrorism 282. The number of attacks attributed to al shabaab has increased rapidly from. Sep 11, 2017 the case was never allowed to reach the courts.
Alshabaab since it splintered from the islamic courts union icu in 2007, alshabaab has carried out nearly 550 terrorist attacks, killing more than 1,600 and wounding more than 2,100. In that year, the union of islamic courts uic unexpectedly took control of mogadishu and much of southern and central somalia. Kenyan law, as well as regional and international law. Kenya national commission on human rights, a statutory human. In 20, the militant group alshabaab killed 67 people at nairobis westgate shopping mall. Mohameds case, like 56 other extrajudicial killings of muslims recorded by haki africa and the justice forum between 2014 and 2015 in kenyas coastal region, provide a glimpse into the abuse meted out in. While alshabaab is most active in somalia, it has also committed numerous attacks in kenya, which has contributed troops to military missions in somalia and hosts large numbers of somali refugees. The kenyaled team will be based in nairobi, will follow the u. There is some evidence of growing support for daesh formerly referred to as isil in kenya. Background report alshabaab attack on garissa university in. School of education and social sciences, university of embu, embu, kenya. The kenyan parliament is working on legislation focused on reducing terrorism. Aug 18, 2014 human rights watch also found evidence of arbitrary arrests and mistreatment of terrorism suspects in detention.
This author had the privilege of interviewing a high court judge. A kenyan policeman beats a protester during clashes in nairobi, kenya may 16, 2016. Foreign service, including as ambassador to ethiopia and state department coordinator for somalia during the international intervention in. The bill aims to allow police to tap private communications, seize property and access the bank details of suspected terrorists. The kenyan military involvement in somalia began october 2011.
Counterterrorism, human rights and the rule of law in africa introduction we are now well into the second decade since the 911 attacks in 2001 so vividly placed transnational terrorism on the international agenda. The kenyan government has received legal, technical and. Acts, methods and practices of terrorism in all its forms and manifestations are activities aimed at the destruction of human rights, fundamental freedoms and democracy. Courts in countering and preventing terrorism in the sahel. This thesis examines the kenyan governments goks increasingly responsive strategy. Balancing the constitutional right to bail and state security. A document profiling the suspects and their kenyan aides, all of whom operated from nairobi, states that abdimajit travelled to. Kenyas case study in homegrown terrorism public radio. Kenya has been the scene of various attacks attributed to terrorist elements.
In 1998, the us embassy in nairobi was bombed, as was the israeliowned paradise hotel in 2002. Part five examines the role of the kenyan government parliament, executive and judiciary in protecting life and property of all people, including those suspected of terrorism. Their decision coincided with hundreds of protestors taking to the streets of the kenyan capital, nairobi, to voice their opposition to the suppression of terrorism bill. A kenyan muslim holds up a sign during protest against terrorismrelated extraordinary renditions. Icpat capacity building program against terrorism icu islamic courts union.
Raise awareness of the impact of terrorism and counterterrorism on the enjoyment of all human rights. 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. Arpct alliance for restoration of peace and counterterrorism atpu kenyan antiterrorism police unit au african union aupsc au peace and security council. Human rights watch also found evidence of arbitrary arrests and mistreatment of terrorism suspects in detention. Kenya has experienced 100 terror related attacks in three. In 1980, the jewishowned norfolk hotel was attacked by the palestine liberation organization plo. One of those defendants, omar saidi omar, was separately. Any offence that constitutes a terrorist act under the prevention of terrorism act, 2012. Terrorism initiative, the combined joint task forcehorn of africa, and the antiterrorism police unit. The kenyan authorities have increased security to counter potential reprisal attacks by al shabaab. Atc also applied other alternative dispute resolution mechanisms that included reconciliation, mediation and. Al shabaabs foreign threat to somalia by david shinn david shinn is an adjunct professor in the elliott school of international affairs at george washington university.
The role of the military in securing suspects and evidence in the prosecution of terrorism cases before civilian courts. Kenyan people and this is a very important consideration. Balancing the constitutional right to bail and state. Legal and policy dilemma in the fight against terrorism. Terrorism in kenya has affected the tourism industry. Public pressure, temptation of power and unconstitutional actions. Interpol has developed and published a landmark reference manual titled bio. The kenyan judiciary is the one arm of government that has been on a clearly. The role of the military in securing suspects and evidence. Kenya also faces a rising threat of insecurity from terrorism and crime. Legal and practical challenges with european union eu counterterrorism coordinator mr. Alshabaab has stated that they will target all those who voted for the kenyan government that sent troops to somalia. Part four examines terrorism and its effects on the rights of citizens and state security.
Terrorists targeted kenyas parliament and supreme court. Kenya training manual on human rights and criminal justice. The practice of kenyan courts reflected in this manual is. The uic was overthrown a few months later by an ethiopian military intervention supported by some. Notably, tanzania was one of the first states in africa to implement stringent antiterrorism laws. There has been opposition from muslim, ngo and human rights groups. Topics such as bail jurisprudence particularly in terrorism cases more often that not conjure up emotions of security concerns about the bad guy that must kept off the streets. Evaluating kenyas tourism crisis the purpose of this paper is to provide information that can aid in the development of a crisis management plan for kenya. United nations office on drugs and crime unodc terrorism prevention branch.
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