Counter-Terrorism Measures and Human Rights Protection in Kenya

Abstract

Many counter-terrorism measures enacted by states have been criticized for violating human rights. This study sought to assess the Kenya’s counter-terrorism framework to ascertain whether the established counter-terrorism measures violate or adhere to the protection of human rights. The study adopted an exploratory research design to assess the counter-terrorism measures and alleged human rights violation in Kenya. The target population was the national security organs, counter-terrorism agencies, civil societies championing human rights protection, security enforcers and watchdog bodies. The sample of 200 respondents and informants was drawn from the National Assembly, Ministry of Interior and Coordination of National Government, the Kenya National Commission on Human Rights, the International Federation for Human Rights, UN Counter-Terrorism Centre and Amnesty International Kenya. A stratified and purposive sampling technique was employed in selecting the respondents and informants during the study. The findings of the study established various stick and carrot counter-terrorism strategies used by organizations, government and security apparatus in Kenya. These strategies are faced by a number of challenges. A number of these measures violate human rights. There are however, some counter terrorism strategies that uphold human rights. The counter-terrorism strategies that the government can adopt in respect of human rights to include youth empowerment and employment, enhance surveillance and intelligence gathering, stop renditions and use of force, proper investigations, uphold human rights and rule of law and public education, awareness and participation. The study recommends government to adopt counter-terrorism promote human rights protection. Further, the study recommends that the governments need to create public awareness and participation in counter-terrorism strategies and measures to build public confidence on its efforts to fight terrorism.