Steve Ouma is the head of Policy and Research at the Judiciary Training Institute (JTI). He is a cosmopolitan, teacher, lawyer, author and one time poet. He has authored two texts; “A Commentary on the Civil Procedure Act” and “A Commentary on the Evidence Act” and numerous academic articles. He has taught Civil Procedure, Evidence, Constitutional Law, Jurisprudence and International Law. His educational background includes LLB Hons (Nairobi), LLM in International law (Oliver Schreiner School of Law, University of the Witwatersrand), Certificate in IHL (Pretoria) and PhD (Nairobi).
Government has the obligation to protect ‘against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.’ Some of the legal strategies employed by government to protect against these threats have attracted criticisms focusing on the lack of compatibility with fundamental constitutional principles. In this era of international terrorism the executive while responding to real or perceived threats to national security has tended to exercise power in a manner that offends the human rights doctrine of proportionality while several counter-terrorism laws have failed to strike an appropriate balance between government obligation to protect and human rights. Judicial oversight of the exercise of executive power in the area of national security has not been effective nor consistent. The thesis seeks to address this paradox.
- PROF. KIARIE MWAURA
- DR JULIET AMENGE
- DR NJARAMBA GICHUKI