The rights of an arrested and an accused person, Willy Mutunga, Oxford University Press, 1990, , ,..

Transcription

1 The rights of an arrested and an accused person, Willy Mutunga, Oxford University Press, 1990, , ,.. DOWNLOAD FULL VERSION HERE The Peculiar Kenyan, Sunny Bindra, 2010, Language Arts & Disciplines, 133 pages. Sunny Bindra, Kenya's renowed author and business advisor, has been regaling Kenyans since 2003 in his famous Sunday Nation Column, A Sunny Day. His bold and contrarian writing... Aspects of criminal law in Kenya, Muriithi Mwangi, 1992, Law, 91 pages.. Public law and political change in Kenya a study of the legal framework of government from colonial times to the present, Yash P. Ghai, J. P. W. B. McAuslan, Patrick McAuslan, 1970, Law, 536 pages.. The protection of human rights in the criminal process under international instruments and national constitutions a study project, Sandra Hertzberg, Carmela Zammuto, M. Cherif Bassiouni, 1981, Political Science, 208 pages.. Citizen and Subject Contemporary Africa and the Legacy of Late Colonialism, Mahmood Mamdani, 1996, Political Science, 353 pages. In analyzing the obstacles to democratization in postindependence Africa, Mahmood Mamdani offers a bold, insightful account of colonialism's legacy--a bifurcated power that... Human rights situation in Kenya the way it is,,,, 80 pages.. The black bar corruption and political intrigue within Kenya's legal fraternity, Paul Mwangi, 2001, Law, 187 pages.. Report of the Kenya Constitutional Conference, held in London in January and February, 1960 presented to Parliament by the Secretary of State for the Colonies, Kenya Constitutional Conference, 1960, Law, 16 pages.. Study of the right of arrested persons to communicate with those whom it is necessary for them to consult in order to ensure their defence or to protect their essential interests preliminary report /cf the Committee on the Right of Everyone to be Free from Arbitrary Arrest, Detention and Exile, chairman-rapporteur, Hortencio J. Brillantes, United Nations. Commission on Human Rights, Hortencio J. Brillantes, United Nations. Committee on the Right of Everyone to be Free from Arbitrary Arrest, Detention and Exile, United Nations. Economic and Social Council, 1962, Law, 8 pages.. Report of the Kenya Constitutional Conference, 1962 Presented to Parliament by the Secretary of State for the Colonies by Command of Her Majesty, April 1962, Grande-Bretagne. Colonial office,

2 1962, History, 35 pages.. absent without leave accused person acquit administrative officer advocate amendment appeal application Armed Forces Act arrested person arrested without warrant arresting agent assault assistant chief Attorney autrefois acquit cause of action Chapter chief or assistant Chiefs Authority Act citizen committal proceedings committed an offence confession constitutional convicted court martial criminal offence Criminal Procedure Code cross-examination custody damages defence discussed effected without warrant give evidence grant bail habeas corpus High Court identification parade illegal individual issue judge jurisdiction KENYA POLICE Kiswahili language magistrate mitigation mob justice Nairobi nolle prosequi oath offences relating officer in charge officer or serviceman Penal Code person arrested Police Act police officer police station prison officer private person prosecution witnesses prosecutor provisions punishment questions reasonably practicable record release remand robbery with violence Schedule Section sentence statement subordinate court sureties torture trial unlawful violated warrant is necessary warrant of arrest Willy Mutunga is the executive director of the Human Rights Commission. He taught law at the University of Nairobi, served as an advocate and chairperson of the Law Society of Kenya, and has recently been appointed senior counsel by president of the Republic of Kenya.His many publications include The Rights of Arrested and Accused Persons(1990) and Constitution-Making fom the Middle: Civil Society and Transition Mutunga attended Ithookwe Primary School before proceeding to Kitui School for his Kenya Certificate of Education exams. He was the first student to score six points in the exams (an "A" in all subjects), earning him a place at the Strathmore College for his "A" levels. Mutunga received a Bachelor of Laws degree from the University of Nairobi in the 1970s and a Master of Laws from the University of Dar es Salaam.[2] Mutunga joined the law faculty at the University of Nairobi as a lecturer,[2] becoming the first indigenous Kenyan to teach constitutional law at the university level.[3] In the late 1980s, he received his Doctorate of Laws from the Osgoode Hall Law School at York University in Toronto.[4] On 13 May 2011, the Judicial Service Commission of Kenya[Note 1] recommended to President Mwai Kibaki that he appoint Mutunga to be chief justice of Kenya. After consulting with Prime Minister Raila Odinga, Kibaki appointed Mutunga, and the National Assembly approved the appointment on 15 June 2011.[5] He was sworn into office on 20 June 2011.[6] Because of Kenya's mandatory retirement age of 70,[7] Mutunga must leave office no later than 16 June More than two decades of writings, particularly in the media, reveal that Mutunga's activism was inspired by several nationalists.[citation needed] Among these were the anti-colonial fighter Dedan Kimathi, Kenyan activist Pio Gama Pinto, and Guinea Bissau's intellectual nationalist Amà lcar Cabral.[citation needed] As a law lecturer at the University of Nairobi in the 1970s and 1980s, Mutunga's activism was associated with a small but determined group of academics who identified with Marxist / Socialist ideologies, including NgÅ gä wa Thiong'o, Al-Amin Mazrui, Kamonji Wachira, and Maina wa Kinyatti. On 19 April 1972, this group formed the University Staff Union (USU).[8] Mutunga became the general secretary of USU in 1979, months after Daniel arap Moi succeeded Jomo Kenyatta as president and began tightening his grip on power. Mutunga immediately rallied other USU officials around a campaign for the reinstatement of Prof. NgÅ gä wa Thiong'o to his former job of teaching English and Literature at the University of Nairobi. NgÅ gä was incarcerated by the Kenyatta government in December 1977, and although he was released in December 1978, he never returned to his job. Police arrested Mutunga on 10 June 1980, and USU was banned on 19 July 1980.[9] Mutunga's arrest threw light on the activities of a seemingly burgeoning Kenyan underground in the dark 1980s. He was accused of being a member of the underground group known as the December Twelve Movement and of participating in the production of the movement's publication, Pambana.

3 The police alleged they had found stamps used for mailing Pambana after searching Mutunga's house. On 12 June 1982, he was charged in court of being in possession of a "seditious" leaflet bearing the headings "J. M. Solidarity Day" and "Don't Be Fooled: Reject these Nyayos". On 29 July 1982, he was detained, just three days before the 1 August 1982 abortive coup by the Air Force. He was also dismissed from his University of Nairobi job.[2] Mutunga went into exile in Canada after his release on 20 October 1983.[2] There, he joined a group of exiled Kenyan student and intellectual activists and obtained his Doctorate of Law from Osgoode Hall Law School in Toronto.[10][9]:pages: none While pursuing his doctorate, Mutunga cooperated with other Kenyan exiles to launch the Kenya Human Rights Commission (KHRC) to further the struggle for socio-economic justice and a democratic constitutional order. Among these exiles were Kiraitu Murungi, then a law lecturer and pursuing his masters at Harvard Law School; and Makau W. Mutua and Maina Kiai, both United States-based anti-moi activists. Upon Kenya's return to multi-party democracy in 1991, Mutunga and other exiles began returning home. In 1992, the KHRC itself was relocated back to Kenya[citation needed] and registered in March 1994,[11] starting its operations from the Chambers of Kamau Kuria and Kiraitu Murungi Advocates. It gave legal cover to an array of nongovernmental organizations in civil society that could not secure registration from the Moi government. It also served as the think tank for Kenya's pro-democracy movement. Most of the Young Turks drifted to active politics following the formation of the Forum for the Restoration of Democracy - Kenya in 1992 as an omnibus political movement. Mutunga, however, became the chairman of the non-governmental Kenya Human Rights Commission (KHRC), which he later also served as executive director. The KHRC supported the formation and existence of organizations such as Kituo cha Sheria[Note 2] and the Public Law Institute.[3] Mutunga served as vice chairman of the Law Society of Kenya (LSK) from 1991 to 1993 and chairman from 1993 to During his tenure as vice chairman and chairman, Mutunga helped launch the LSK into activist politics,[14] making it appear as a more formidable opposition than the splintering opposition parties.[15] Mutunga has been hailed as "an excellent negotiator".[citation needed] He convened the breakfast meetings of the then opposition stalwarts, Mwai Kibaki, Charity Ngilu, and Michael Wamalwa, to forge a common alliance ahead of the 2002 elections. The unity talks culminated in the creation of the National Alliance for Change as a single coalition of fourteen parties, later renamed the National Alliance Party of Kenya.[20] The Alliance merged with defectors from President Daniel arap Moi's Kenya African National Union and joined the Liberal Democratic Party (LDP) to form the National Alliance of Rainbow Coalition (NARC). Mutunga declined an offer to serve as the chairperson of NARC, saying that his main interest was to unite the opposition and not to join active politics.[17] The NARC won the 2002 elections. After the elections, Mutunga was one of the senior counsels appointed by President Kibaki in 2003 under Section 17 of the Advocates Act.[Note 4] The NARC became the litmus gauge for Mutunga's political neutrality, which lasted as long as the coalition elite stayed united by the post-election euphoria. As soon as power wrangles between the Kibaki and Raila Odinga factions of the NARC set in after 2002, Mutunga's relations with the Kibaki administration grew frosty. On 8 April 2003, he turned down an appointment by President Kibaki to the university council of the Jomo Kenyatta University of Agriculture and Technology, saying that he lacked the right qualifications for the position[21] and was not consulted before the appointment.[22] Like many left-wing academics, Mutunga was an admirer of Jaramogi Oginga Odinga. After 2003, he drifted ideologically to the portion of the NARC that identified with Raila Odinga's LDP wing. In a 2003 interview with Raila's biographer, Babafemi Badejo, Mutunga lauded Odinga as "an aggressive and astute politician" whose role in the 1997 National Convention Executive Council rallies showed him as a "great mobilizer and organizer".[9]:page: 102 His only misgiving was Odinga's contradictory role as a "nationalist and a patriot" on the one hand and "an ethnic baron" who "uses both nationalist and ethnic cards for the advancement of his political project".[9]:page: 102 But he exculpated

4 Odinga from this contradiction arguing that he "has always struggled against dictatorship and oppression and has been for social justice".[9]:page: 102 Ahead of the divisive 2007 presidential campaign, Mutunga threw his weight behind Odinga, saying "I am convinced Kenya's transition needs Raila as the president of this country".[citation needed] In 2004, as the intra-elite rivalry in the National Alliance of Rainbow Coalition and fissures over the constitutional negotiations turned perilous ahead of the 2005 referendum, Mutunga joined the Ford Foundation in Nairobi as a human rights programme officer. In 2009, he became the executive director overseeing all grant making in Eastern Africa, mainly focusing on human rights and social justice and protection of women's rights.[9]:page: 102 Mutunga's decision to leave Kenya's declining civil society for a foreign foundation operating in Kenya dented his pro-reform credentials in the eyes of some.[citation needed] Foreign bilateral donor countries, such as the United States and the United Kingdom, had long been accused of having double-standards, supporting despotism, and responding inadequately to pre- and post-presidential election violence, government corruption, ethnic tensions, and presidential authoritarianism.[18][23]:page: 2 Based at least in part on a December 2008 interview with Mutunga, Canadian scholar Stephen Brown said, "Donors [defined by Brown as western governments and their missions in Kenya, including both diplomatic and aid representatives, but not specifically including private entities] might not actually mind the 'imperial' powers of the presidency, as it makes for a strong interlocutor. For instance, they would prefer not to renegotiate access to military bases with parliament."[23]:pages: 1, 9 At a July 2010 meeting of the Bunge La Mwananchi[Note 5] movement, one participant alleged that Mutunga had "intruded into the movement's affairs eroding the ideals set by the founders and causing needless friction and infighting amongst the rank and file". Another said that Mutunga had been claiming falsely that the Ford Foundation was working with the movement and that Mutunga had planned a counter-demonstration to support certain corrupt individuals when the movement was planning to move against them.[24] Some Christian Kenyans accused the Ford Foundation of funding, while Mutunga worked for the foundation, abortion rights advocacy organizations and liberal sex education groups worldwide, including among others the International Planned Parenthood Federation, the Planned Parenthood Federation of America, and the Sexuality Information and Education Council of the United States.[25] Mutunga was among twelve applicants, and one of the ten shortlisted,[note 6] for the position of chief justice. On 13 May 2011 after a televised interview, the Judicial Service Commission (JSC)[Note 1] recommended to President Mwai Kibaki that he appoint Mutunga. This recommendation was pursuant to the JSC's obligation under Article 172(1)(a) of the Constitution of Kenya to "recommend to the President persons for appointment as judges".[26] Some of the judges and lawyers interviewed charged that the JSC had demeaned senior judges and portrayed them as incompetent. They viewed the interview process as unjust and a pre-determined sham informed by a misleading philosophy of a "reformist" chief justice from outside the current judiciary.[27][28] Because the JSC recommended to the President only one person for appointment as chief justice, the JSC was faulted for usurping the powers of the President as the appointing authority. This approach also was seen as risky because if the appointee were rejected by the National Assembly of Kenya, the hiring process would have had to start afresh.[29] Mutunga's appointment was well received by major sections of the Kenyan public. Proponents highlighted his credentials as an intellectual, a "reformer", and an "activist with a track-record of integrity and sound legal grounding".[10] They also saw him as the "new broom to clean up the institution," especially the judiciary.[4]

5 The appointment also drew an equally fierce resistance. Opponents hinged on a two-stranded argument. First, Mutunga had no experience as a judge or legal practitioner.[17] Because of this, opponents claimed he was ill-suited to spearhead a credible and surgical reform of the judiciary.[citation needed] Second, some questioned Mutunga's neoliberal "reform" ideology and how it would likely impact the judiciary and the spirit of the new constitution. One writer observed that "enthusiasm for neo-liberal values is not and cannot be a judicial virtue, since, ultimately, judicial independence requires neutral judges".[30] Judicial activism would undo the visions of many Kenyans regarding the new constitution should Mutunga carry his passions to their final station.[30] However, Maina Kiai, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, vigorously defended Mutunga's activism, stating,[31] [A]t some point,... "activist" has taken on a negative sense in some Kenyan circles. Yet the opposite of activist is someone who is a conformist, takes orders, does not challenge authority even when it is wrong, and does what he or she is ordered.... Whether in the judiciary, civil service, or legislature, we should be seeking women and men of principle who are willing to stand up for what they believe.... We have assumed that what is needed to be a "good public servant" is someone who is essentially an "empty debe" to be filled in with orders from above and who will not challenge authority or question it. And without rigorous challenge, the quality of decision making suffers... What we have then gotten, are public servants whose first loyalty is to power, rather than to principle, or to the Constitution. They have seen their task as doing what those wielding power want, no matter how wrong or ridiculous; and no matter that it could be illegal. And from this then arise the problems of impunity and tribalism as these are the natural defenses that conformists use. Let's be clear here: The Judiciary, perhaps more than any other institution, needs men and women of principle loyal first to the constitution and to the people. Opposition by the church and various religious sections of the society made Mutunga's appointment controversial.[32] Peter Karanja, the general secretary of the National Council of Churches of Kenya, led the Christian church's opposition to Mutunga's nomination.[citation needed] At the heart of the church's resistance was Mutunga's public defence of the gay and lesbian communities. As "Cabral Pinto", the name of a columnist with the Daily Nation newspapers that Mutunga used as his pen-name since 2006 to avoid conflict of interest as Ford Foundation senior manager,[citation needed] his articles were well known for defending gay rights[33] and "Africanizing homosexuality" in Kenya and the region.[citation needed] Mutunga's wearing of a single earring, often associated with women,[35] turned the spotlight on his sexuality and spirituality.[36][37] Mutunga asserted that the earring was a source of ancestral inspiration and not related to his sexuality.[38] He also stated that he is not gay.[39] However, the Eldoret North member of parliament, William Ruto, said, "We cannot have a CJ who spots studs on his ears and claims he uses them to communicate with unseen spirits".[40] As a result, Mutunga categorically declared, "There is no way I can remove this earring even if I become the chief justice. If am told I must remove it to get the job of chief justice, I will say keep your job".[10] Compounding the controversy was Mutunga's religious identity. He started as a practitioner of African traditional religion but in 2001 was baptized a Protestant and subsequently became a Roman Catholic and then a Muslim,[39] although he still follows his ancestors. He says it was his ancestors who instructed him in 2003 to wear the earring as a connection to them so that they can protect him.[41] Muslim groups and parliamentarians backed the appointment of a Mutunga. They pledged, however, to advise Mutunga to remove the earring as Islam does not allow male believers to put on ornaments worn by women.[42] Mutunga has been married twice. He has a daughter and son from his first marriage. Two additional sons were born to two different women in 1993 and 1999 while Mutunga was single. On 16 December 2009, Mutunga filed for divorce from his second wife, Professor Beverle Michele Lax, who he married in San Mateo, California on 20 July She filed an answer and a counter-petition on 13 May She accused him of being a "pathological liar" who "kept an open relationship with his former wife" and "concealed the existence of his relationship with women whom he had sired children with". Upon his nomination for chief justice, the proceedings became a subject

6 of intense public scrutiny and media analysis. The nomination also raised the question of whether Mutunga would unduly influence the outcome of his divorce case should he be approved as chief justice.[43] Mutunga denied that he would exercise such influence and asked the public to keenly follow the matter if he were appointed.[39] After the first round of the presidential election took place on 4 March 2013, the Independent Electoral and Boundaries Commission declared Uhuru Kenyatta the president-elect of Kenya. Raila Odinga challenged this in the Supreme Court of Kenya. The court unanimously dismissed the challenge on 30 March 2013, with Mutunga reading the decision of the court.[44] ^ a b "Civil Society and the Democratic Experience in Kenya: A Review of Constitution-Making from the Middle: Civil Society and Transition Politics in Kenya, authored by Willy Mutunga," review by Godwin R. Murunga, History Department, Kenyatta University, Nairobi, African Sociological Review, 4,(1), 2000 Le Dr Willy Munyoki Mutunga est nã le 16 juin 1947 à Kilonzo dans l'actuel district de Nzambani (province orientale) au Kenya. En tant que prã sident (Chief Justice) de la Cour suprãªme (Supreme Court) et de la Commission justice (Judicial Service Commission) depuis le 20 juin 2011[1], il est plus haut magistrat judiciaire de son pays et, en tant que prã sident de la Commission justice, il a aussi un pouvoir exã cutif. En 2002, il dirige les nã gociations entre plusieurs partis politiques pour former une alliance en vue de contrer Daniel Arap Moi à la prochaine à lection prã sidentielle du mois de dã cembre. Cette alliance, appelã e National Rainbow Coalition (NARC), permet la victoire de Mwai Kibaki. Malgrà les demandes des nã gociateurs, il refuse de prendre la prã sidence du nouveau parti arguant que son seul but à tait d'unir l'opposition politique et non de prendre une part active dans la vie politique. Toujours en 2004, il quitte le domaine de la sociã tã civile pour le secteur des donateurs. Il rejoint les rangs locaux de la Fondation Ford en tant que directeur du programme pour les droits de l'homme avant dâ occuper, entre 2009 et 2011, le poste de directeur exã cutif pour la rã gion de l'afrique de l'est. Contre toute attente, le 5 fã vrier 2011, le prã sident Mwai Kibaki annonce avoir portã son choix sur le futur prã sident de la Cour suprãªme, malgrã l'opposition du premier ministre Raila Odinga qui n'a pas encore eu de consultation avec aucun des dix candidats proposã s par la Commission justice[8]. Finalement, les deux hommes tombent d'accord le 17 mai pour soutenir devant l'assemblã nationale la candidature de Willy Mutunga. Si, d'emblã e, le prã sident de l'assemblã, Kenneth Marende, dã cide de soutenir cette candidature, il n'en va pas de mãªme pour un groupe de parlementaires anti-rã formistes, menã par William Ruto, qui avait combattu le projet de rã forme de la Constitution : les idã es progressistes du Dr Mutunga leur font peur[9]. Les attaques sont plus centrã es sur un aspect vestimentaire spã cifique (une discrã te boucle d'oreille dans le lobe de l'oreille gauche) et sur des prã jugã s que sur la capabilitã à exercer la fonction visã e. Rapidement, les dignitaires des clergã s chrã tiens ainsi que les parlementaires de confession musulmane et les imams, sâ insurgent à leur tour contre cette nomination. Les premiers arguant que le candidat est gay, les seconds qu'il n'est pas un vrai musulman car un accessoire vestimentaire fã minin est interdite par l'islam pour un homme. à la question d'un parlementaire concernant sa boucle d'oreille, il rã pond «If am told I must remove it to get the job of Chief Justice, I will say keep your job. » («Si l'on me dit que je dois lâ à ter pour obtenir le poste de chef de la justice, je rã pondrais : gardez votre emploi. »). Finalement, le 15 juin, les parlementaires «pro-Mutunga », soutenus par les acteurs de la sociã tã civile et une majoritã de l'opinion publique, parviennent à faire nommer Willy Mutunga en tant que Chief Justice[10] par le comitã de contrã le constitutionnel du Parlement

7 (Constitutional Implementation Oversight Committee) par 20 voix «pour », 2 «contre » et 1 «abstention »[11]. Le 20 juin 2011, avec Nancy Baraza en tant que nouvelle vice-prã sidente (Deputy Chief Justice) de la Cour suprãªme et Keriako Tobiko en tant que directeur du Ministà re public (Director of Public Prosecutions at State House), il prãªte serment devant le prã sident Mwai Kibaki en tant que nouveau prã sident (Chief Justice) de la Cour suprãªme et de la Commission justice (Judicial Service Commission). Anticonformistes, Nancy Baraza et lui-mãªme prãªtent serments non revãªtus des signes ostentatoires propres à la fonction[1]. Droit d'auteur : les textes sont disponibles sous licence Creative Commons paternitã partage à lâ identique ; dâ autres conditions peuvent sâ appliquer. Voyez les conditions dâ utilisation pour plus de dã tails, ainsi que les crã dits graphiques. En cas de rã utilisation des textes de cette page, voyez comment citer les auteurs et mentionner la licence. Book Details Summary: The title of this book is The Rights of an Arrested and an Accused Person and it was written by Willy Mutunga. This edition of The Rights of an Arrested and an Accused Person is in a Book format. This books publish date is January 1, It was published by Oxford University Press and has 89 pages in the book. The 10 digit ISBN is and the 13 digit ISBN is For the most current lowest price, Click Here. Portions of this page may be (c) 2006 Muze Inc. Some database content may also be provided by Baker & Taylor Inc. Copyright Muze Inc. For personal non-commercial use only. All rights reserved. Content for books is owned by Baker & Taylor, Inc. or its licensors and is subject to copyright and all other protections provided by applicable law. The Hon. Chief Justice, Dr. Willy M. Mutunga, was appointed to the Supreme Court of Kenya on 22nd June, He is a holder of a Doctorate Degree in Jurisprudence obtained in 1992 from Osgoode Hall law School at York University in Toronto, Canada. His area of study was Contracts. Dr. Mutunga obtained both his Bachelor of Laws (Honours) and Master of Laws degrees from the University of Dar-es-Salaam in Tanzania in 1971 and 1974 respectively. Dr. Mutunga joined the University of Nairobi as a lecturer in the Faculty of Law in October While at the University of Nairobi, he served as the secretary-general of the University Staff Union from April 1979 until July 1980 when it was banned. Dr. Mutunga was thereafter detained for 16 months (1982-3) for his activism while at the University of Nairobi and for his work at the Legal Advice Centre (Kituo Cha Sheria). Dr. Mutunga has established and served in many civil society organizations, among them the Legal Advice Centre (Kituo Cha Sheria); the Law Society of Kenya, where he served as vice-chairman from 1991 to 1993 and chairman from 1993 to 1995; the Council for Legal Education, Kenya; the Citizens Coalition for Constitutional Change (4Cs); the Kenya Human Rights Commission; the East African Centre for Constitutional Development (Kituo Cha Katiba), Uganda; and the International Centre for Human Rights and Democratic Development (Rights and Democracy) in Montreal, Canada. For his outstanding contribution to the development of law, human rights, good governance and social justice, Dr. Mutunga has received several national and international honours and awards including: Elder of the Golden Heart for his distinguished service to the nation and for his role in leading reforms in the Judiciary under the new Constitution (2012); appointment as Senior Counsel, Government of Kenya (2003); Lifetime Achievement Award for the Protection and Promotion of Human Rights from the Kenya National Commission on Human Rights, (2003); the Jurist of the Year Award from the International Commission of Jurists, Kenya Section (2003); and the Law Society of Kenya Distinguished Services Award for Constitutionalism, Rule of Law and Human Rights, later named the Father Kaiser Award (1988).