POLICY MAKING IN KENYA UNDER THE NEW CONSTITUTION

Prof Ben Sihanya

Policy making is the process by which a Government (or any other entity) translates its vision into statements and actions to achieve desired outcomes. Good policy making is essential if government is to achieve its aims and deliver real change and benefits. Because of its importance, the management of public policy must be guided by strategic principles which foster policy and juridical dynamism, in which policy management is seen as a process of social learning. It is a process in which Kenya embodies new knowledge and enhances its adaptive capability. Policies in Kenya are embodied in a wide array of documents: parliamentary sessional papers, national development plans e.g. the Economic Recovery Strategy and Vision 2030, presidential circulars, ministerial and departmental circulars,  parastatal strategic plans and policies, political party manifestos, and, quite incredulously, presidential or ministerial roadside declarations.

CONFRONTING CYBER CRIME IN KENYA

Prof Ben Sihanya

Advances in ICT have ushered in important socio-economic, political and cultural benefits as well as complex crimes. Some experts define cybercrime as “any activity that exploits cyberspace in terms of using its infrastructure and knowledge to commit crimes.’’ Criminals have developed new and more efficient techniques and the Internet provides a huge opportunity for crime. Numerous Internet users have fallen prey to various infringements of their rights and fundamental freedoms under the 2010 Constitution, including privacy, security and intellectual property. Examples include distribution of child pornography, or violent images, methods to commit suicide, recipes for explosives, copyright theft and campaigns for the sale of stolen items through classified ads or even auctions.

The role of the judiciary in promoting constitutionalism under the 2010 Constitution

Prof Ben Sihanya

The Constitution of Kenya 2010, once fully implemented, will usher in numerous changes to the judicial structure and legal system of Kenya. The institutional and structural change is expected to usher in efficient operations and service delivery of the judiciary. Further, the structural change is aimed at ensuring that the independence of the judiciary is fully achieved. The question we ask is, what role will this restructured judiciary play in promoting the rule of law and constitutionalism in the context of the 2010 Constitution?