Thesis (MA)--Stellenbosch University, 2012. / ENGLISH ABSTRACT: Africa has made tremendous progress over the past decades in its transition to democratic regimes. When evaluating the leverage such an enormous change has, and the haste Africa was in when making this change, the continent has been able to achieve a considerable amount of revision in their regimes. One fundamental aspect of a democracy is competitive Presidential elections. This has however shown to be a problem in Africa as many cases of violent elections have been reported on, with Nigeria’s 2011 elections being the latest example. The focus of this thesis is on the causal factors behind electoral violence in African democracies. More specifically, a comparative analysis of Kenya’s 2007 Elections and Zimbabwe’s 2008 elections is presented. The five possible causal factors under analysis are 1) free and fair elections, 2) international assistance, 3) political/electoral systems and 4) socio-economic factors and 5) ethnicity. Additionally, background information on the history of Kenya and Zimbabwe is presented. The research is conducted around the framework of one of the foremost African scholars in the field, Gilbert Khadiagala. His typology suggests two angles ‘In the first order of causes, electoral violence is the outcome of events and circumstances that emanate from broader political conflicts, particularly in societies that are beset by ethnic, communal and sectarian fissures. In the second category, electoral violence is a consequence of imperfect electoral rules; imperfections that allow some parties to manipulate elections through electoral fraud, vote buying, and rigging’ (Khadiagala, 2010:17). Next to this a discussion on Khadiagala’s fourth wave of democracy is analysed which proves of major importance for Kenya and Zimbabwe to prevent election violence. Not only because of the fact that the contemporary form of their democracies clearly show major flaws, but also because a democracy has proved to encourage socio-economic development. Firstly, the findings suggest that the people are fed up with stolen elections and they are demanding the free and fair conduct of elections. The use of violence is the means to express this ‘demand’. Furthermore, in both Kenya and Zimbabwe, the land occupation of colonizers caused the start of deep social cleavages and ethnic tensions. In Kenya it is concluded that the cause of violence was not purely the flawed election process, this was merely a trigger for underlying ethnic tensions. In Zimbabwe in turn, the violence was mainly sparked by President Mugabe’s government who used extreme means to gain votes. The system was highly manipulated and due to weak institutions and electoral rules, President Mugabe was able to rig the elections. The role of international assistance is discussed and proves to be of little influence towards election violence. In the case of Zimbabwe, no international observers were invited, in the case of Kenya, international observers were invited and present. In both cases violence broke out. The establishment of a stronger socio-economic society proves vital for the development of a democracy. The connection between ethnic, social and economic differences to the electoral system recognizes that further deepening and strengthening of the democratic institutions needs to become a reality in order to conduct more peaceful elections. The elections are far from free and fair and as a result of weak democratic institutions the possibility of rigging is created. With the underlying ethnic tensions and broader political cleavages, Kenya and Zimbabwe proved prone to violence. / AFRIKAANSE OPSOMMING: Wanneer daar in ag geneem word dat Afrika onder moeilike omstandighede en in ‘n baie kort tydperk, beweeg het van meerderheid autokratiese state na demokrasieë, is dit regverdig om te argumenteer dat Afrika ‘n kenmerkende vordering gemaak het in die laaste dekades om ‘n demokratiese samenleving te berwerkstellig. Helaas, n fundamentele aspek van n demokrasie is die beoefening van gereelde en kompeterend verkiesings. Oor die jare is daar bewys dat verkiesings n problematiese aspek van demokrasie is in meeste Afrika state, meerderheid van verkiesings in Afrika is geneig om uit te loop in konflik en geweld. Dus is die fokus van die studie op die faktore wat bydra tot konflik gedurende n verkiesings tydperk in jong Afrika demokrasieë. Meer spesifiek sal daar n vergelykende studie gedoen word van die 2007 verkiesing in Kenia en die 2008 verkiesing in Zimbabwe. Die vyf faktore wat bydra tot konflik gedurende verkiesings is : 1) vry en regverdige verkiesings, 2) internasionale hulpvelening, 3) politiese en verkiesingsstelsels, 4) sosio-ekonomiese faktore, 5) etnisiteit, word elk bespreek. Ook word die agtergrond van beide die verkiesings in Zimbabwe en Kenia bespreek. Die teoretiese aspekte van die studie is gebaseer op die werk van Gilbert Khadiagala, n hoogs ge-respekteerde kenner op die gebied. Sy teorie veronderstel dat konflik plaasvind as gevolg van politiek konflikte en etniese verskille. Tweedens, beweer hy dat verkiesingskonflik n produk is van foutiewe verkiesingsstelsels, veral waar een groep die ander groep kan manipuleer en waar bedrog moontlik is. Langs dit is 'n bespreking oor Khadiagala se vierde golf van demokrasie ontleed en bewys dit van groot belang vir Kenia en Zimbabwe om verkiesings geweld te voorkom. Nie net as gevolg van die feit dat die demokrasieë duidelik groot foute toon nie, maar ook en meer belangrik, omdat 'n demokrasie sosio-ekonomiese ontwikkeling aanmoedig. Daar word gevind dat meeste mense eenvoudig keelvol is met ‘gesteelde’ verkiesings en dat hulle begin aandring op vry en regverdige verkiesings en konflik en geweld is die enigste manier om hulle wense te verwesenlik. Ook, in beide Kenia en Zimbabwe het kolonialiseerders n groot skeuring veroorsaak tussen verskillende etniese groepe in beide lande, wat vandag voordurende etniese spanning veroorsaak. In Kenia blyk dit dat dit die etniese verskille was wat gelei het tot die verkiesingsgeweld in 2007 eerder as foutiewe verkiesingsstelsels. In Zimbabwe was dit verkiesingskorrupsie en President Robert Mugabe se oneerlike wyse van stemme werf wat gelei het tot konflik. Dit is aangetoon dat die aanwesigheid van internationale hulp min invloed het op verkiesings geweld. In die geval van Zimbabwe, is daar geen internasionale waarnemers genooi nie en in die geval van Kenia, is daar wel internasionale waarnemers is genooi en was hulle daadwerklik aanwesig. In beide gevalle het geweld uitgebreek. Daar word gevind dat ‘n sterke sosio-ekonomiese sameleving belangrik is vir demokratiese ontwikkling van ‘n land. Verder word daar geargumenteer dat sterk en onafhanklik politieke en demokratiese instansies bevorder moet word ten einde meer vreedsame verkiesings te hou. Tans in Afrika is verkiesings ver van vry en regverdig, gesamentlik met etniese spanning kan dit n plofbare situasie veroorsaak soos bewys in Kenia en Zimbabwe.

This thesis examines the events that took plac,e. in the Northern Frontier District I North Eastern Province of Kenya hetween the late nineteenth century and 1968. After 1900 the imposition of colonial policies impacted on the socio-economic and political structures of the Somali people. This thesis also examines the nature of Somali resistance l\P- to the late 1920s when Somali society was finally pacified. It further examines colonial policies such as the creation of the Somali-Galla line in 1919, the separation of the J uhaland region from the Kenya Colony in 1926 and the Special District Ordinance of 1934. Between 1946 and 1948 the British Government through its Foreign Minister, Ernest Bevin, attempted to unify Somali territories in the Horn of Africa and this raised Somali hopes of uni fication. The Bevin Plan collapsed because of the opposition of the United States, the Soviet Union, the French and Ethiopian leaders. Similar hopes of NFD Somali unification were raised hetween 1958 and 1963 because of the unification of the former British Somali land and Italian Somaliland. Due to the imminent end of British colonial rule in Kenya, the NFD Somali leaders demanded secession from Kenya to join up with the nascent Somali republic. But the NFDSomali hopes of unification with the Somali Repuhlic were dashed by 1964 because of the same opposition provided by the United States, the French and the Ethiopians. The British Government were all along half-hearted towards Somali unification attempts even though the field administrators adopted a pro-Somali attitude to the issue. In the early 1960s, however, the NFD Somali leaders were faced with the additional opposition of the new KANU government in Kenya. In 1964 the failure of the NFD Somalis to secede from Kenya led to the guerrilla war, what the Kenyan government called the 'shifta movement', that engulfed the North Eastern Region until 1968 when the Arusha Memorandum of Understanding was signed between the Kenyan and the Somali Governments. The signing of the Arusha Memorandum of Understanding by the Kenyan and Somali Governments did not satisfy· the NFD Somalis hopes of joining the Somali Republic. The main conclusion of this thesis is that the N FD Somalis, except for few collahorators, did at no time, whether in the colonial or post-colonial eras, accept heing in Kenya. By the late 1960s the prospects of NFD Somalis unifying with the Somali Republic were, in view of the forces arrayed against the Somali secessionist movement, slim; and they have remained slim since then.

Questions the viability of Kenya’s transitional justice mechanisms as vehicles for social and political transformation? In particular, the dissertation assesses the efficacy of transitional justice mechanisms adopted by Kenya as a tool for democratic transformation. By focusing on the current delicate political situation in Kenya and the different approaches adopted in various contexts, the study could make a contribution by providing clarity on these issues. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Atangcho N Akonumbo, Faculte de Sciences Sociales et de Gestion Universite Catholique D’Afrique Centrale Yaounde Cameroun. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This thesis deals with the Harambee as an indigenous lived philosophy and its capacity of empowering the poor in the Kenyan Anglican Church. From a historical perspective, it explores and scrutinises the origins, the definition and the philosophy behind Harambee. The thesis shows how Harambee was incorporated in the Kenyan Anglican Church and how it has been used as a survival strategy in the midst of the dominant development models which have failed to address the social-economic and political issues in Kenya. The thesis notes that even though Harambee is promoted in Kenya as a cultural, socio-economic and political philosophy its basic orientation is in harmony with the Christian theology. In this regard, the thesis offers a theological understanding of Harambee in the light of themes such as creation, imago Dei, incarnation, justice, redemption, love and solidarity. In undertaking this task, the thesis attempts to shed more light on how Harambee is in harmony with the principles and values of the Asset Based Community Development (ABCD) model. It argues that Harambee shares many concerns with ABCD even though Harambee has a Kenyan cultural flavour. Therefore, it affirms that Harambee as a lived philosophy is likely to empower the poor in the community, and the Kenyan Anglican Church should consider enhancing Harambee to mobilise the local resources. In view of this, the study highlights various projects initiated by the church through Harambee and it concludes by proposing that the Church needs to go beyond humanitarian programmes and initiate sustainable projects that can address the causes of poverty thus striving to make the twenty-first century a century of hope for millions of people who are walking through the valley of the shadow of death. / Thesis (M.Th.)-University of KwaZulu-Natal, Pietermaritzburg, 2007.

At the end of the 1920s in Kenya, Protestant Missionaries, government authorities and Christian Kikuyu clashed when missionaries sought to prohibit female circumcision among their adherents. The mission discourse emphasised the negative moral and physical effects of female circumcision on individual women, while that of the government stressed the function of female circumcision in maintaining the body-politic. The colonial discourse, as whole, is marked by a striking division between issues concerning women and those deemed political. Thus, women seldom appear as actors in historical narratives of the female circumcision controversy, which is generally represented as a nationalist movement initiated by, and of concern to, men. / This thesis presents alternate readings of the relevant colonial records. By examining the processes that functioned to exclude women from the political discourse it provides a different interpretation of the controversy as one in which women did indeed play a central political role, indirectly controlling the issue through men, who were regarded by the colonialists as the legitimate representatives of tribal interests. The thesis explores indirect methods of eliciting the perspectives of women which are muted or absent from the historical record.

This study investigates the Daily Nation and Standard’s news coverage of Kenya’s 2007/2008 general election and the unprecedented eruptions of violence which followed. This research responds to the question which came about as Kenyan print journalists and editors considered their role in possibly contributing to the violence, which took on an ethnic dimension. Vernacular radio has been fingered for having escalated longstanding ethnic tensions, but the role of the press has not been fully understood. In the aftermath of the violence, print journalists and editors met over a series of Round Table events in Nairobi to consider whether their conduct during the election could have encouraged violence. Although ten years have passed since this incidence, much of what happened within the Kenyan print media during and after the 2007/2008 general election remains unexplored and, largely, unexplained today. Although the pre- and post-election phases spanned months, my research is confined to purposive samples from a four-week period from 3 December 2007 to 4 January 2008. These four weeks were selected as they are roughly representative of the three phases of the national election which are considered significant to this study, namely the pre-election phase, the election, and the post-election violence. The research is concerned with analysing and understanding the coverage in the two dailies, the Daily Nation and Standard, and comparing the discursive work of the two, particularly in relation to identity and ethnicity. This study draws on cultural studies, critical discourse analysis and normative theories of the media to inform the research project. The critical discourse analysis explores the discourses articulated during and after the election, with a particular focus on issues of identity, ethnicity and incitement. Through this process the study found that both publications avoided references to ethnicity, despite this being an important factor in Kenyan politics and voter behaviour. In analysing these issues the study found that while the publications might claim to attempt to avoid fuelling tensions by not reporting on ethnicity, the disavowal comprised a silence which positioned the press in a collaborative role, in which it colluded with a powerful Kenyan state. Although a significant amount of time has gone by since the 2007/2008 elections, this study still considers the event significant in understanding the conduct of journalists during times of violence, and specifically for the future of journalism in Kenya.

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Kenya and South Africa can be described as dominant party systems, under the dominance of the Kenya African National Union CKANU) and the African National Congress CANC) respectively. A dominant party system is in essence a democracy. The spirit of democracy may, however, apparently be contradicted by the weight of party dominance, thus questioning the content of and prospects for democracy under party dominance in both Kenya and South Africa. The study is a comparative analysis of party dominance in Kenya and South Africa. The main objective is to exan1ine the relationship between party dominance and democracy in both countries. It seeks to find out how party dominance is reproducing itself and surviving the post 1990 transition processes in Kenya and South Africa. More importantly, the study also seeks to find out how party dominance impacts upon institutions that support or uphold democratization and subsequently democracy. The findings of the study demonstrate that party dominance has reproduced itself and survived the post-1990 period, and is also impacting upon democratization and democracy. The dominant parties take a similar trajectory in pursuit of dominance over the state and its apparatuses. However, they differ when it comes to their relationship with the civil society. That between KANU and civil society is antagonistic, as the ruling party seeks to augment political power through authoritarian dominance of the latter to, while that of the ANC and civil society is responsive, as the former seeks to enhance political stability in the country. The impact of party dominance upon institutions that support democracy takes similar and different trajectories in both countries. Similarities arise with respect to the detrimental impact upon institutions of the Executive that ensure accountability and transparency, evident in the increasing cases of corruption, nepotism and political patronage appointments. Similarly, there has been a detrimental impact upon the Legislature regarding parliamentary proceedings. Parliamentary committees and opposition parties are being rendered ineffective as organs of ensuring transparency and accountability, and are often subject to delegitimation. The impact of party dominance on the Judiciary, however, differs in both countries. In Kenya, the judiciary continues to suffer from excessive interference from the Executive and the ruling party, whereas in South Africa the judicial system remains largely independent with regard to the application of justice, despite constant criticisms from the dominant party. The study concludes that South Africa is, gradually, going the Kenyan way. If this condition is left unchecked there is the possibility that South Africa could eventually end up a psuedo-democracy like Kenya, where formal democratic political institutions such as multiparty elections, exist to mask the reality of authoritarian dominance. The thesis recommends that strengthening civil society organizations, opposition political parties, and state institutions in both countries to ensure greater accountability and transparency, will reverse this detrimental effect of party dominance. It also recommends meaningful constitutional reforms that will guarantee greater independence of these institutions, and the decentralization of governmental and political power to check and limit the powers of the dominant party. Also recommended are areas for further research. / KMBT_363 / Adobe Acrobat 9.54 Paper Capture Plug-in

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The principle of complementarity is a tool used to punish the commission of core international crimes. A concerted approach is required to combat war crimes, genocide, crimes against humanity and aggression. The Prosecutor of the International Criminal Court needs to fully appreciate the express and implied discretionary powers of states to ensure all possible accountability mechanisms are explored. Failure by the Prosecutor to do so results in missed opportunities to capitalise on various options related to the proper application of complementarity. Therefore, there is a need for consultations to establish that the International Criminal Court and prosecutions can no longer exist without competing alternatives preferred by states. The current misunderstandings on the application of complementarity are rooted in unresolved state and prosecutorial discretions. The endangering of state discretion threatens the integrity and credibility of the International Criminal Court. The unaddressed question of state discretion is also at the centre of disputes between the African Union and the International Criminal Court. Grey areas in the application of complementarity are clearly visible through the inconsistency and diversity of the International Criminal Court decisions and frequent prosecutorial policy proclamations. As a result, prosecutorial discretion needs to be checked. Prosecutorial discretion is checked at the United Nations, International Criminal Court and state levels. The checks at regional level and by non-prosecutorial options need to be explored. The call is for the International Criminal Court not to neglect the legal-political environment which the Court operates in. The environment is essential in demarcating the exercise of discretions. The Kenyatta case is illustrative of the need to invent an interpretation that reflects the evolving theory to practice reality. The development or amendment of a prosecutorial policy is desirable to give guidance on the value, circumstances and priority accorded to justice. The policy should be comprehensive enough to accommodate mechanisms which advocate for strengthened state discretion. For instance, African Union instruments and treaties reveal that the respect of state discretion is one of the core principles of the African Union system. / Public, Constitutional, and International Law / LL.D.