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Contribution of Responsive Governance to Personal Security: The Case of Crime Victims Support Services (CVSS) in Kenya
(2024) Mwenje Mary W
This study investigates the role of responsive governance in enhancing personal security for crime victims within Kenya's law enforcement and justice system. The research addresses the systemic neglect of victims' rights and evaluates governance mechanisms to propose a victim centered approach for equitable justice. The following objectives guide the study; to examine the key principles of responsive governance that contribute to the success of crime support services, to assess the extent to which governance mechanisms in Kenya acknowledge and comprehensively serve the requirements of crime victims through the perspectives of crime victims and relevant stakeholders and to investigate strategic interventions for enhancing the efficacy of the existing governance mechanisms in addressing the needs of crime victims. The study adopted governance capacity and victim centred approach theories which integrates concepts from governance studies, victimology, and security studies to elucidate how governance mechanisms influence personal security outcomes for crime victims. Utilizing a mixed-methods approach, data was collected from 180 respondents, including crime victims, law enforcement, legal practitioners, and advocacy groups, through structured questionnaires and in-depth interviews. The study identified major gaps in the accessibility and effectiveness of victim support services, with only 33.3% of respondents finding these services easily accessible and 35.3% expressing dissatisfaction with their effectiveness. Despite progressive legal frameworks, implementation gaps persist due to lack of a clear well-resourced single institution dedicated to crime victim welfare, financial constraints, corruption, low awareness and poor coordination among agencies with complimentary mandates. A strong consensus emerged on the need for strategic interventions, including a budget increase for victim support and streamlining the justice system to reduce re-victimization and undue delays. The study concludes that inclusivity especially of crime victims, transparency, and collaboration are crucial for successful victim support programs. However, significant implementation challenges undermine these efforts, necessitating specific, measurable, and time-bound interventions to improve governance mechanisms. The study advocates for enhancing the accessibility and tailoring of support services, strengthening legal/policy/administrative frameworks, increasing funding, and improving coordination among agencies. In view of the above, the study proposes urgent establishment of a Victim Support Agency (VSA) in Kenya meant to strategically provide leadership and ensure the effective coordination and oversight of crime victim support services. Keywords: Responsive governance, crime victims, criminal justice system, victim-centered approach.
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Bilateral Labour Agreements and Human Rights Protection of Kenya Migrant Workers in the Gulf Cooperation Council
(NDU-K, 2024) Njoka Neema M M R
In recent years, the global Labour market has seen a substantial increase in the movement of migrant workers, driven by factors such as economic disparities, demographic shifts, and Labour shortages in various industries. However, despite the existence of the bilateral Labour agreement, the migration process exposes workers to various human rights abuses, including Labour exploitation, discrimination, and lack of access to social protections. Therefore, this study aimed to investigate the existing bilateral Labour agreements and their effectiveness in protecting the human rights of Kenyan Labour migrants in the Gulf Cooperation Council (GCC) Countries. Specific objectives included examining the existing Bilateral Labour Agreements, policies and regulations between Kenya and GCC countries, exploring the push and pull factors that make Kenyan workers travel to the GCC Countries despite the challenges faced, to establish the reasons for human rights abuses on Kenyan migrant workers in Gulf Cooperation Council and to determine the mechanisms through which existing Bilateral Labour Agreements can best serve interests of and safeguard Human rights of Kenyan Workers in GCC Countries. This study is based on Ravenstein’s Theory of Migration (RTM) and Interest Theory of Human Rights. This study used qualitative research, emphasizing understanding and interpreting complex social phenomena. This study adopted a research design based on primary data collection method and secondary data analysis to explore the connection between Bilateral Labour Agreements and the protection of human rights for Kenyan migrant workers in the Gulf Cooperation Council (GCC). Primary data collection involved conventional methods, such as interviews with guides to former migrant workers at GCC and Kenyan government officials in relevant ministries/agencies concerned with migrant workers at GCC—secondary data analysis involved collecting and examining pre-existing data from diverse sources. The study also relied on established secondary data sources, including government reports, international media, academic research, and organizations. The collected data was subjected to content analysis to reveal essential themes and qualitative insights. The study reveals that many GCC countries lack comprehensive legal frameworks to protect migrant workers' rights, leaving them vulnerable to exploitation and abuse. Existing Labour laws are often poorly enforced, and domestic workers are mostly excluded from Labour law protections. The study recommends renewing Bilateral Labour Agreements (BLAs) between Kenya and GCC countries, raising awareness about workers' rights, establishing a Task Force Committee, adopting Asian Labour governance strategies, and establishing a robust migrant database for policymaking.
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Leadership Change and the Implementation of Kenya’s Foreign Policy
(NDU-K, 2024) Maingi Natalynne N
Leadership changes affect foreign policy execution worldwide. This study explored how leadership transitions affect foreign policy in the US, Russia, UK, SA and Kenya. These countries showed how presidential and legislative leadership transfers affect foreign policy and international relations. The study examined the impact of emerging leadership practices on Kenya's foreign policy, the Ministry of Foreign and Diaspora Affairs' leadership culture, the adequacy of leadership operationalized to drive Kenya's foreign policy from 2002 to 2022 and the extent to which leadership structure was responsive to Kenya's foreign policy. The study objectives sought to determine the influence of electoral cycles on Foreign Policy, assess the influence of political ideologies on Foreign Policy Implementation, examine the influence of diplomacy on Foreign Policy Implementation and analyse the intervening role of bureaucratic offices in the implementation of Foreign Policy. The study focused on how leadership transitions might have affected Kenya's national interests and foreign policy priorities using Scott (2005) institutionalism theory. The theory noted that institutions, encompassing formal and informal rules, norms and procedures, greatly influenced the behaviour and choices of political actors. Leadership changes and foreign policy outcomes were examined using a descriptive case study design. Comprehensive analysis included qualitative and quantitative methods. Kenya's government transitions, foreign policy decisions, diplomatic contacts and regional/global roles were the focus of the study. The target population was 388 which included top officials from the office of the president, parliamentarians, international relations experts and MFDA officials. Proportionate sampling was employed to sample 30% of the target population. Interview guides, questionnaires and document analysis tools were research tools. A pilot study established tool validity and reliability. Thematic analysis for qualitative data and statistical analysis for quantitative data were used. The study followed ethical research norms, including informed consent, anonymity, confidentiality, correct citation and institutional clearances. Findings of the study extensively explored the complex interplay of political, economic, technological and cultural factors influencing Kenya's foreign policy. Leadership changes, electoral cycles and psychological factors emerged as significant drivers, impacting foreign direct investment, peace and state integrity. While economic considerations, technological advancements and cultural diplomacy initiatives were generally viewed positively, challenges such as limited technology access and potential cultural misunderstandings were identified. The study acknowledged the generally successful nature of Kenya's diplomatic efforts, citing positive perceptions of effectiveness among respondents. Bureaucratic offices were recognized as pivotal in foreign policy implementation, with recommendations focusing on achieving a more consistent foreign policy aligned with national interests, leveraging economic, technological and cultural opportunities, addressing identified challenges and streamlining bureaucratic processes for enhanced effectiveness, communication and collaboration. The study concluded by emphasizing the importance of understanding and navigating the multifaceted nature of factors shaping Kenya's foreign policy for successful outcomes and strategic formulation.
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Enforcement Measures and Control of Illicit Cigarette Trade In Kenya: A Case of Kenya Revenue Authority
(NDU-K, 2024) Jemutai Nancy
The study focused on evaluating the effectiveness of enforcement efforts undertaken by KRA to control illicit cigarette trade in Kenya. The tobacco industry is afflicted by illicit activity Like many other markets, mostly linked to tax evasion and the counterfeiting of legitimate goods. The objectives of the study are to: investigate measures employed by KRA to control illicit cigarette trade; highlight the existing conditions that hinder effective implementation of enforcement measures by the Kenya Revenue Authority in anti-illicit cigarette trade and determine the impact of enforcement measures on government revenue in Kenya. This study was anchored on institutional theory. The study used a mixed methods research design. This research targeted 126 enforcement officers at KRA. The study used census method where every officer was engaged during data collection. Questionnaire was used to collect data. The questionnaire was converted into a Google form and shared with the study participants via email and social media platforms. Quantitative data was keyed into SPSS Version 26 and analysed using descriptive and inferential statistics. The results were presented using charts, graphs, frequency tables and figures. For qualitative data, thematic analysis technique was employed to identify themes and categories. The study findings indicate that enforcement measures play a significant role in combating the distribution of illicit cigarettes in Kenya, but suggesting a need for enhanced online market regulation. Additionally, the study highlighted the impact of various factors on controlling illicit cigarette trade, emphasizing on the importance of government enforcement capabilities. In conclusion, enforcement efforts were recognized for their significant impact on government revenue preservation, public health protection, and the reduction of illicit trade prevalence.
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Environmental Diplomacy and the Conservation of Endangered Wildlife Species in Kenya: A Casestudy of Pangolin
(NDU-K, 2024) Muita Lucy W
The main aim of this study was to establish environmental diplomacy and the conservation of endangered wildlife species in Kenya: Pangolin. The specific objectives that guided the study include; analyzing the nature and forms of advocacy efforts towards the conservation of endangered pangolin species in Kenya determining the legislative and institutional framework governing the conservation of pangolins in Kenya and evaluating the challenges affecting conservation of Pangolins in Kenya. The study utilized collaborative conservation theory and protected area theory, to contextualize the role of environmental diplomacy in conservation of endangered species in Kenya in this case the Pangolin. The study utilized a case study method in establishing the relationship between environmental diplomacy and conservation of endangered species in Kenya using a case of Pangolin. Primary data was collected using in-depth personal interviews and structured questionnaires, while formal periodic reports from security agencies, government ministries and departments, and non-governmental organisations provided secondary data. The acquired qualitative data was analysed using qualitative analysis. To aid deeper analysis, interpretation, and identification of the numerous thematic issues in the study, the researcher used content and theme analysis to organise the data into several categories. To analyse the quantitative data, descriptive statistics such as frequency, means, and percentages were employed. The findings revealed that advocacy efforts for pangolin conservation involve raising awareness, mobilizing support, and influencing policies. Efforts include educating the public, engaging local communities, influencing government policies, and fostering stakeholder cooperation. The legislative framework, including the Wildlife Conservation and Management Act 2013, provides legal protection for pangolins. However, challenges such as habitat loss, illegal wildlife trade, and poaching hinder effective conservation. The study recommends prioritizing public awareness campaigns, strengthening and monitoring wildlife protection legislation, and enhancing law enforcement to combat pangolin trafficking.