| dc.description.abstract | This study explores the counter terrorism and human rights nexus. It analyses the counter terrorism strategies in Kenya and their impacts on human rights. The case study of Kenya, a country in the East African region which has been a frequent target of terrorist attacks, is taken to illustrate how a democratic regime can respond terrorism without violating the human rights of its citizens. There is no one overarching theory to theorize counter terrorism, but this study mostly uses the concept of the balancing counter terrorism theory to reconcile counter terrorism and human rights. Through qualitative research and analysis of data from various academic scholars, journals, publications and other academic works, the study investigates the strategies and approaches used by the Kenyan government in countering terrorism and their implications on human rights. The study looks at observance of human rights when fighting terrorism as a threat to Kenya’s national security, emphasizing preventive counter terrorism policy as a viable option, and analyzing the trends, opportunities and challenges posed by the Kenyan counter terrorism legislations. The study also examined the roles played by other institutions and stakeholders in counter terrorism and their contributions to promotion of human rights. These include the roles played by the judiciary, the regional organizations, the community, the private sector, intelligence agency, the evolving technologies and the NCTC amongst others. A frequent concern in the counter terrorism measures in Kenya has been its respect for (or lack of) human rights. The study shows that there exist structures within the national and international laws that require states to provide security to its citizens and safeguard their rights. Concerns have been raised by the civil societies and human rights activists on counter terrorism laws and their implementations in Kenya. But this study concludes that if all the concerned institutions and stakeholders come together against terrorism, then terrorism is not only going to be defeated, but also the fight would respect the rights of every citizen. For this to succeed, then countering terrorism should be led by the intelligence service, through the National Counter Terrorism Centre, with the support and convergence of the other security agencies. | |
