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³ The University College of Dar es Salaam began its existence by establishing a Department (later Faculty) of Law for the University of East Africa in 1961. Many of the first students from Kenya became leaders of the movement for civil liberty in their country.

⁴ Ghai, Yash P., ‘Law and Lawyers in Kenya and Tanzania: some political economy considerations’, in Dias, Clarence J., Luckham, Robin, Lynch, Dennis O., and Paul, James C. N. (eds.), Lawyers in the Third World: comparative and developmental perspectives (Uppsala and New York, 1981), pp. 144–76.Google Scholar

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⁶ Ghai, loc. cit. p. 150.

⁷ Odenyo, Amos O., ‘Professionalism and Change: the emergent Kenyan lawyer’, in Dias, et al. (eds.), op. cit. p. 183.Google Scholar

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⁹ The Weekly Review, 15 March 1991, and personal communication from Gibson Kamau Kuria.Google Scholar

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¹² One way the courts avoid dealing with these issues is finding that a violation of a specific constitutional right is not justiciable. See High Court of Kenya, Koigi wa Wamwere u The Attorney General, 1990,Google Scholar reported in The Nairobi Law Monthly, 30, 1991, p. 44.Google Scholar For detailed discussions of the destruction of the Constitution by the courts, see A. Vasquez, ‘Is the Bill of Rights Enforceable After July 4, 1989?’, in ibid. 20, 1990, p. 8; Kathurima M'Inoti, ‘The Reluctant Guard: the High Court and the decline of constitutional remedies in Kenya’, in ibid. 34, 1991, pp. 17–26; Wachira Maina, ‘Justice Dugdale and the Bill of Rights’, in ibid. 34, 1991, pp. 27–36; and Kuria, loc. cit.

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¹⁸ Ibid. p. 201.

¹⁹ See Harden, Blaine, Africa: dispatches from a fragile continent (London, 1990), p. 261, for a discussion of the removal of the Vice-President. In November 1991, Moi authorised the arrest of two of his closest political colleagues, Nicholas Biwott, the Energy Minister, and Hezekiah Oyugi, the Head of Internal Security, in connection with the murder of the Foreign Minister, Robert Ouko.Google Scholar

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²¹ Ibid. pp. 95–129. See also, van Doren, J. W., ‘Death African Style: the case of S. M. Otieno’, in American Journal of Comparative Law (Berkeley, CA), 36, 1988, pp. 329–50,CrossRefGoogle Scholar for an analysis of the legal aspects without reference to the political context. Also, Harden, op. cit. pp. 125–7.

²² Omaar, loc. cit. p. 5.

²³ See Kilukumi, Kioko, ‘KANU Nomination Rules 1990:no legal base for double nomination’, in The Nairobi Law Monthly, 30, 1991, pp. 16–17.Google Scholar

²⁴ Mathew Ondeyo u. David Onyancha and Another, quoted in ibid. 29, 1991, pp. 41–2.

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³¹ Personal communication from Kuria.

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³⁵ Kenya: taking liberties, p. 155.

³⁶ Ibid. pp. 145–58. This chapter describes in detail how the Government controls the judiciary. See also, Harden, op. cit. p. 126, for a discussion of how Moi Chose a new Chief Justice who was likely to obey his wishes and keep other judges in line.

³⁷ Kenya: taking liberties, pp. 152–3.

³⁸ See Hannan, Lucy, ‘Bias and Judicial Outrage’, in New Law Journal (London), 141, 1991, pp. 900–901.Google Scholar See also, ‘Constitutional Law According to Mr. Justice Dugdale’, in The Nairobi Law Monthly, 34, 1991, pp. 15–16, and M'Inoti, loc. cit.Google Scholar

³⁹ See Van Doren, loc. cit. pp. 338–42, for more details of the judgement.

⁴⁰ Ibid. and Harden, op. cit. pp. 113, 124, and 126–7. The earlier decision is James Apeli and Another u. Priscila Buluku, Court of Appeal at Kismumu, Civil Appeal No. 12 of 1979. See The Nairobi Law Monthly, April 1988, p. 8.

⁴¹ Harden, op. cit. p. 129.

⁴² Ibid. pp. 124–5.

⁴³ The 1987 Amnesty International report is cited in ibid.

⁴⁴ Kenya: taking liberties, pp. 106–7. See specially ch. 6 on torture and ch. 10 on prison conditions. Also, Hannan, Lucy, ‘Sedition by Edition’, in Africa Report (New York), 36, 3, 05–06 1991, p. 49.Google Scholar

⁴⁵ Hannan, , loc. cit. p. 51. This article provides an excellent summary of the history of Imanyara's confrontations with the Government over human rights.Google Scholar

⁴⁶ The Nation (Nairobi), 28 02 1991.Google Scholar

⁴⁷ According to The New York Times, 5 May 1991, Imanyara's poor health presented ‘a difficult problem for senior government officials who control the judiciary and in effect will decide whether the editor is granted bail’.Google Scholar

⁴⁸ See Gittleman, Richard, ‘The African Charter on Human and Peoples' Rights – A Legal Analysis’, in Virginia Journal of International Law (Charlottesville), 22, 1982, pp. 667–714,Google Scholar and Umozurike, U. O., ‘The African Charter on Human and Peoples' Rights’, in American Journal of International Law (Washington, DC), 77, 1983, pp. 902–12,CrossRefGoogle Scholar for a detailed analysis and background. The text of the Charter can be found in Human Rights Law Journal (Kehl am Rhein, Germany, and Arlington, VA), 7, 1986, pp. 403–10.Google Scholar

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⁵⁰ Ibid. 11, 1990, p. 436.

⁵¹ Wolfgang Benedek, ‘The Judiciary and Human Rights in Africa’, in ibid. 11, 1990, pp. 250–1, and ‘The 9th Session of the African Commission on Human and Peoples’ Rights’, in ibid. 12; 1991, p. 217.

⁵² See Moustapha Seck, ‘A Plea for Human Rights Education in Africa’, in ibid. 11, 1990, pp. 283–99, which shows how this is being done in some countries – in Senegal, for example, by the establishment of the African Institute of Human Rights.

⁵³ Quoted in Harden, op. cit. p. 263.

⁵⁴ Ibid. pp. 266–7.

⁵⁵ Perlez, Jane, ‘Citing Corruption in Kenya. Western Nations Cancel Aid’, in The New York Times, 21 10 1991.Google Scholar

⁵⁶ The Nation, 9 March 1991.

⁵⁷ Henry, Neil, ‘Witness: slain Kenyan offcial accused rival of taking a bribe’, in The Washington Post, 11 08 1991.Google Scholar For a detailed discussion of Ouko's assassination, see Kenya: taking liberties, pp. 28–36.

⁵⁸ Perlez, Jane, ‘Kenya Leader Ousts Aide Tied to Killing’, in The New York Times, 20 11 1991.Google Scholar

⁵⁹ Perlez, ibid. 21 October 1991.

⁶⁰ Greenhouse, Steven, ‘Aid Donors Insist on Kenya Reforms’,Google Scholar and Jane Perlez, ‘President of Kenya Orders Arrest of 2 Close Associates’, in ibid. 27 November 1991.

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⁶⁴ See Henry, Neil, ‘Africans Testing Waters of Dissent. Many Dare to Challenge Their Repressive Rulers’, in The Washington Post, 19 May 1991, and Gibson Kamay Kuria and Kiraitu Murungi, ‘Continued Harassment of Human Rights Lawyers in Kenya’, June 1991. Also, Kenya: taking liberties, pp. 176–85.Google Scholar

⁶⁵ Kuria and Murungi, op. cit.

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⁶⁷ Paul Kibugi Muite was elected chairman by 385 votes to 88 for his opponent, according to the Sunday Nation (Nairobi), 10 03 1991.Google ScholarThe Standard on Sunday (Nairobi),Google Scholar and the Sunday Times (Nairobi), 10 03 1991, gave the votes as 345 to 88.Google Scholar

⁶⁸ Sunday Times, 10 March 1991.

⁶⁹ The Nation, 12 March 1991, The Standard, 14 March 1991, and The Weekly Review, 15 March 1991.

⁷⁰ The Nation, 15 March 1991, and The Weekly Review, 22 March 1991.

⁷¹ The Standard, 16 March 1991.

⁷² See Kenya: taking liberties, p. 150. Also, Perlez, Jane, ‘Kenya Tightening Curbs on Dissent’, in The New York Times, 13 September 1991.Google Scholar

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⁷⁶ See Kenya: taking liberties, chs. 20 and 21, for the interactions between the Kenyan/British/American Governments. The listed number of detainees on p. 128 shows that there were none in 1984, 1985, and 1989.Google Scholar

⁷⁷ Burkhalter, loc. cit. pp. 54–5.

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⁷⁹ Teson, F. R., ‘International Obligation and the Theory of Hypothetical Consent’, in Yale Journal of International Law (New Haven, CT), 15, 1990, p. 114.Google Scholar

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⁸⁵ Dowden, loc. cit.

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⁸⁷ Perlez, Jane, ‘Kenya Leader Allowing Multi-Party Politics’, in The New York Times, 4 12 1991.Google Scholar

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⁸⁹ Sam Kiley, ‘Tribal War Opens Split in Kenya Party Leadership’, in ibid. 20 March 1992.