Court of Appeal Pirates Case Decision...

It is certainly interesting to read the reactions of Kenyans to the High Court Decision by Justice Ibrahim in November, 2010 stating that Kenya had no Criminal Jurisdiction to try Suspected Pirates arrested in the Indian Ocean under Kenyan law, and that the persons ought to be handed over to the UNHCR to be treated as refugees.

One of the comments in the online edition of the 18th October, 2012 Daily Nation reads in part:

"Wonder how a thief who gets into my boma cannot face the full wrath of my blunt panga..."

Well that 'blunt' part was a little too bluntly put!... and since we are a country that is governed by the rule of law and believe in due process, we opt for the decision today of the Court of Appeal which overturned this ruling. Appellate Judges Maraga, Onyango, Vishram, Okwengu and Koome held that that Kenyan courts had jurisdiction to hear and make a determination on piracy cases that have over the years become a 'thorn in the flesh' of Kenya's and East Africa's economic development.

Am certainly looking forward to reading the allowed Appeal that quashed the decision of the now Supreme Court Judge Ibrahim.

The amount of economic strain that this decision places on our already overwhelmed legal system is certainly immense considering the levels of insecurity that have been witnessed along the East African and larger Horn-of Africa coast line. Whether or not the international community will and should invest in this process - as it is a stakeholder and a direct beneficiary of a pirate -free coast line is a discussion for another day.

Kenya has international obligations as provided for in the Constitution as well as under International Law. All state organs are bound by any international instruments that Kenya enters into and the Judiciary is no exception. Let us see how the cases progress at the lower courts and whether there will be enough to sustain convictions.

It would also be interesting to follow debates and discussions on how far our obligations under international law stretch especially when dealing with issues that have economic implication, and whether the courts will at some point have to weigh in on the discussions and make decisions striking a balance between pressing national obligations (like food security, national security, protection of socio-economic rights) and these international obligations.

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A Human Rights Defender's Perspective

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