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Magister Legum - LLM / The International Criminal Court (hereafter ‘ICC’ or ‘the Court’), in its fight against impunity is slated to put on trial, in conformity with Article 27 of the Rome Statute1, an incumbent Head of State and his Deputy for crimes under Article 7 of the Statute. The President and Deputy President of the Republic of Kenya are currently accused of crimes against humanity before the ICC, for acts of violence perpetrated in the wake of the December 2007 presidential and parliamentary elections. This research is a study of the ICC’s conceptual framework and positive implementation of its mandate with respect to prosecuting Kenya’s top leaders. By critically evaluating the cases against President Kenyatta and Deputy President Ruto, this research aims to assess the feasibility of such high-profile cases which have, in part, contributed to the hostility surrounding the Court in its fight against impunity. To this end, the factual and legal background, as well as the political context of the cases will be discussed.

Thesis (M.A.)--Trinity Evangelical Divinity School, 1994. / Abstract. Includes bibliographical references (leaves 69-73).

James Forman's Black Manifesto demanded $500 million in reparations from the nation's white churches and synagogues for their financial, moral, and spiritual complicity in the centuries of injustice carried out upon African Americans. Many African-American ministers in the North embraced the Black Power ideology and supported Forman's call for financial redress. These Northern clergymen had become exasperated with an interracial civil rights movement that neglected to confront the systemic racism that permeated the nation's culture. Black Manifesto activists attempted to compel the white churches into paying reparations by interrupting worship services and occupying church buildings throughout the urban North. While the vast majority of the American public believed that the Black Manifesto was simply an attempt to extort money from the white churches, there was a racially diverse contingent of clergymen who wholeheartedly supported the call for reparations. The primary reason that Philadelphia became one of the key arenas in the struggle for reparations was the presence of Muhammad Kenyatta, the local Black Economic Development Conference leader. Kenyatta implemented myriad confrontational tactics in an attempt to cajole the Philadelphia-area denominations into responding affirmatively to the Black Manifesto's demands. The young activist was able to form an alliance with influential leaders within the Episcopal Diocese of Pennsylvania. Paul Washington, an African-American minister, and Bishop Robert DeWitt, a white clergyman, supported the Black Manifesto and encouraged their fellow Episcopalians to do likewise. The duo's support for the Black Manifesto encouraged the Episcopalians to become the first predominantly white denomination to pay reparations to the Black Economic Development Conference. Although the payment was just $200,000, the concept of supporting a militant African-American organization was more than many conservative Episcopalians could tolerate. The debate over the Black Manifesto at the denomination's 1969 Special General Convention also enabled many African-American ministers to express long-held grievances regarding racism in the Church. A detailed examination of the rancorous debate over the Black Manifesto in Philadelphia complicates any simplistic narrative of the struggle for racial justice in the North. While many historians have blamed Black Power activists for derailing the civil rights movement, this study reveals that the fight against structural racism in the North generated political unity among African Americans that has lasted to the present day. The conflict among Philadelphians over the Black Manifesto was in no way split along racial lines. Many of document's most vehement supporters were white while many of its greatest detractors were conservative African Americans. The dispute over the Black Manifesto in Philadelphia illuminates the intellectual diversity present within the African-American population as well as the Black Power movement itself. / History

This study was planned to increase understanding of job satisfaction among faculty in middle size universities. The problem was job satisfaction and its association with selected demographic characteristics of faculty at Kenyatta University, second largest university in Nairobi. There was a response rate of 52.6 percent. All of the 300 faculty members with the rank of professor, associate professor, assistant professor, lecturer and teaching fellow participated in this research. Two instruments were used to collect data from the participating faculty. The first instrument was a demographic data sheet that solicited personal data from faculty. The second instrument was a standardized six dimensional survey instrument, the Job Descriptive Index (JDI). Both survey instruments were handed out in an envelope to all faculty by the researcher. The findings showed that most faculty were satisfied with their job in areas of co-workers and job in general. They seemed dissatisfied with the area of opportunities for promotion. The findings further demonstrated that most faculty were neither satisfied nor dissatisfied with their present work, present pay, and supervision. Analysis of variance demonstrated that the selected demographic variables of age, professional rank, and nationality were associated with job satisfaction. Scheffé's Multiple Comparison test and Newman-Keuls procedure were used to analyze differences in satisfaction among groups. The results showed that professors and lecturers were significantly more satisfied with their coworkers than were the assistant professors. Faculty members' gender, marital status, years of experience, tenure status, academic degree and area of interest did not influence job satisfaction. It is recommended that future research to determine an appropriate system of promotions structure and faculty growth and development be initiated.

M.A. (Information Science) / The study was undertaken to explore the remote users of services available public university libraries in Kenya. Scarce literature was available locally on the subject of the study. Provision of quality and relevant information services to support teaching, learning and research remains a central objective of libraries in higher education world over. Higher education institutions in Kenya continue to experience unprecedented growth in student population against limited human capital and physical infrastructure, among the library services. This reality has prompted Universities to adopt different education delivery models; distant learning, e-learning, and part time modules to accommodate the extra numbers seeking higher education. Depending on the preferred module, the students can be categorized into three main groups: on-campus, off-campus and remote user groups. Higher learning standards require that all users to have equitable and inclusive access to resources. This study explores the nature and availability of support services and resources available for remote library users in public university libraries in Kenya. The research methodology adopted was a descriptive research design; where qualitative data was collected using Focus Group Discussions (FGDs). The findings revealed that public university libraries in Kenya have various forms of resources and services that can support remote user needs. However they face certain challenges that hinder the use of the available remote user resources and services in providing equitable access to information services to all its types of users. Key among the challenges was that remote users were not identified as a special user group in the libraries studied contrary to what the study grounded. The results of the study are discussed under three main thematic areas: services for remote users, facilities available for remote users, and policies and regulations that govern remote use of library resources. Equally included in the study are discussions, conclusions and recommendations based on the findings besides identified informational gaps for further research. / Information Science

The study was undertaken to explore the remote users of services available public university libraries in Kenya. Scarce literature was available locally on the subject of the study. Provision of quality and relevant information services to support teaching, learning and research remains a central objective of libraries in higher education world over. Higher education institutions in Kenya continue to experience unprecedented growth in student population against limited human capital and physical infrastructure, among the library services. This reality has prompted Universities to adopt different education delivery models; distant learning, e-learning, and part time modules to accommodate the extra numbers seeking higher education. Depending on the preferred module, the students can be categorized into three main groups: on-campus, off-campus and remote user groups. Higher learning standards require that all users to have equitable and inclusive access to resources. This study explores the nature and availability of support services and resources available for remote library users in public university libraries in Kenya. The research methodology adopted was a descriptive research design; where qualitative data was collected using Focus Group Discussions (FGDs). The findings revealed that public university libraries in Kenya have various forms of resources and services that can support remote user needs. However they face certain challenges that hinder the use of the available remote user resources and services in providing equitable access to information services to all its types of users. Key among the challenges was that remote users were not identified as a special user group in the libraries studied contrary to what the study grounded. The results of the study are discussed under three main thematic areas: services for remote users, facilities available for remote users, and policies and regulations that govern remote use of library resources. Equally included in the study are discussions, conclusions and recommendations based on the findings besides identified informational gaps for further research. / Information Science / M.A. (Information Science)

Hierdie studie ondersoek die aard van en opvattings oor reisliteratuur oor Kenia sedert 1963. Dit is ’n faset van die literatuur oor Kenia waaroor daar tot dusver nog nie indringend navorsing gedoen en besin is nie. Reisliteratuur het ’n lang geskiedenis in Afrika. ’n Aantal boeke is gedurende die negentiende eeu oor Afrika geskryf en Kenia is nie afgeskeep nie. Onder die skrywers tel Johann Ludwig Krapf, Joseph Thomson, graaf Samuel Teleki von Szek en Luitenant Ludwig von Höhnel. Van die geografiese kenmerke van die land wat indruk op hulle gemaak het, was die sneeubedekte Berg Kenia, die mere en die Groot Skeurvallei. Gedurende die twintigste eeu was daar ’n tyd toe skrywers van mening was dat vinniger vervoermiddels en massatoerisme ’n negatiewe invloed op individuele toerisme en die sogenaamde ideale omstandighede vir die skryf van reisliteratuur sou hê. Onlangse studies beklemtoon egter die hernieude belangstelling in reisliteratuur. Buitelandse kennis oor Kenia word aangevul deur reisliteratuur, hoewel dit ook ’n genre met sy eie reëls en geskiedenis is wat insae in die skrywers, uitgewers en lesers van die genre bied. Sedert 1963 is verskillende kategorieë reisliteratuur oor Kenia gepubliseer. Bekende skrywers wat Kenia besoek het en oor hulle ervarings geskryf het, sluit in Bill Bryson, Alberto Moravia, Shiva Naipaul, Paul Theroux en Wilfred Thesiger. ’n Prominente figuur in die kader van reisliteratuur is die plaaslik gebore fotojoernalis Mohamed Amin, wat die Camerapix-fotografie- en uitgewersagentskap begin het. Kenia se eks-Britse koloniale literatuur is deel van die postkoloniale era. Dit is egter nie waar dat die meeste van die tekste deel van die postkoloniale diskoers is nie. Aangesien al die boeke buite Kenia ontstaan en gepubliseer is, veral in die Weste, weerspieël die literatuur verskillende (nie-inheemse) perspektiewe van “die ander” asook verskillende soorte sosiopolitieke invloede. Deur sowel die hulpmiddels van die geskiedenis as die literatuurteorie te gebruik, is dit moontlik om die tekste beter te verstaan. In die postmoderne era is navorsing uit meer as een perspektief van besondere waarde. Reisliteratuur oor Kenia sedert 1963 is nie deur professionele historici geskryf nie en bewys dat verskeie mense tot die hibridiese dissipline van die geskiedenis kan bydra. Al hierdie tekste is gepubliseer en beklemtoon die rol van die gepubliseerde woord. Die tekste is in verskeie kategorieë reisliteratuur in een van die Europese tale, en nie in Kiswahili of een van Kenia se inheemse tale nie, geskryf. Die boeke bevestig onder meer die belangrikheid van die Swahili-geskiedenis, die bou van die Uganda Railway, die land se onafhanklikwording in 1963, die rol van presidente Jomo Kenyatta en Daniel arap Moi en die menslike nood in Kenia. Die geskiedenis van Kenia kan nie verstaan word sonder kennis van die land se geografie en natuurlewe nie, want die kenmerke was dikwels ’n uitdaging vir die mense en het allerlei soorte oorlewingstrategieë geverg. Die landskap trek ook baie besoekers na die land toe. / Thesis (DPhil)--University of Pretoria, 2013. / gm2013 / Historical and Heritage Studies / Unrestricted

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.