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The use of force and firearms in the context of assemblies in Kenya : rules and accountability
Thesis (LLD (Doctor Legum))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613658907934720 |
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| access_status_str | Open Access |
| author2 | Casey-Maslen, Stuart |
| author_browse | Casey-Maslen, Stuart |
| author_facet | Casey-Maslen, Stuart |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD (Doctor Legum))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93470 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:39.216Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/93470 The use of force and firearms in the context of assemblies in Kenya : rules and accountability Casey-Maslen, Stuart berylorao@gmail.com Orao, Beryl UCTD Peaceful assembly Human rights violations Assembly participants Law enforcement Law enforcement officials Accountability Thesis (LLD (Doctor Legum))--University of Pretoria, 2023. The right of peaceful assembly is guaranteed under the Constitution of Kenya, and in international treaties that Kenya has ratified. However, its actual exercise has been inhibited by restrictive public order laws and permissive rules and regulations governing the use of force and firearms by law enforcement officials. As a result, cases of excessive use of force by the police during assemblies, sometimes leading to loss of lives and serious injuries, have been common. Accountability for such violations, on the other hand, has been rare. This thesis addresses how human rights violations by the police during assemblies in Kenya can be prevented and redressed. In doing so, it interrogates the international legal framework on the right of peaceful assembly and on the use of force and firearms by law enforcement officials, and assesses the compatibility of the domestic laws with international standards. The thesis also analyses the organisational and operational structures of Kenya’s National Police Service (NPS) how they shape interactions between assembly participants and law enforcement officials. In addition, it assesses the existing police oversight and accountability mechanisms at the domestic level in Kenya. The thesis finds that there are gaps in the Kenyan legal framework on the right of peaceful assembly and on the use of force and firearms by law enforcement officials. It also finds that there are gaps in relation to the organisational and operational structures of the National Police Service, and in the police oversight and accountability mechanisms. It demonstrates how these gaps collectively influence the manner in which law enforcement officials in Kenya police assemblies, and the extent to which they are held accountable for human rights violations committed in the context of assemblies. The thesis then proposes recommendations on legal, administrative and other measures that should be taken to enhance the enjoyment of the right of peaceful assembly, prevent human rights violations by law enforcement officials during assemblies and enhance accountability for violations. Institute for International and Comparative Law in Africa, University of Pretoria. Centre for Human Rights LLD (Doctor Legum) Unrestricted Faculty of Laws SDG-16:Peace,justice and strong institutions 2023-11-27T12:29:38Z 2023-11-27T12:29:38Z 2023-12-08 2023 Thesis * D2023 http://hdl.handle.net/2263/93470 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Peaceful assembly Human rights violations Assembly participants Law enforcement Law enforcement officials Accountability The use of force and firearms in the context of assemblies in Kenya : rules and accountability |
| title | The use of force and firearms in the context of assemblies in Kenya : rules and accountability |
| title_full | The use of force and firearms in the context of assemblies in Kenya : rules and accountability |
| title_fullStr | The use of force and firearms in the context of assemblies in Kenya : rules and accountability |
| title_full_unstemmed | The use of force and firearms in the context of assemblies in Kenya : rules and accountability |
| title_short | The use of force and firearms in the context of assemblies in Kenya : rules and accountability |
| title_sort | use of force and firearms in the context of assemblies in kenya rules and accountability |
| topic | UCTD Peaceful assembly Human rights violations Assembly participants Law enforcement Law enforcement officials Accountability |
| url | http://hdl.handle.net/2263/93470 |