A Critical Investigation on How Kenya‘S Counter Terrorism Measures Are a Threat to Human Dignity

Abstract

This paper seeks to critically scrutinize how the counter terrorism measures have affected the human right to dignity. It will examine the role played by the security agencies mandated to implement the particular Statute as stipulated in the Constitution. In addition, this research will analyze whether the counter terrorism measures taken by the government to ensure security in the country are justified or whether they go beyond the international human rights standards.

The paper will further explain the constitutional implications of the said law which is based on national security noting that human dignity is a human right as stipulated by Article 28 of the 2010 Constitution of Kenya. It will also elucidate the role of the judiciary in ensuring that the human rights are protected.

This research paper will therefore show how the State and its agents have circumvented the ideals set by the Constitution by passing draconian laws in the name of national security, which violates the human rights that the State promised to uphold in the first place.

The paper will also show as part of its recommendation that the government ought to focus on the election periods and use it to tighten the security because that is when the security of the country is usually absorbed in the internal security but at the same time laxed about external threats and hence making the country vulnerable to terrorist threats.