Alternative to Prosecution in Criminal Law: A Case for Plea Agreements in Corporate Crime

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Alternative to Prosecution in Criminal Law: A Case for Plea Agreements in Corporate Crime

Authors: Lillian Akinyi Okumu and Henry K Murigi

ISSN: 2958-8162
Affiliations: Office of Director Public Prosecutions, Kenya; Office of Director Public Prosecutions, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 55 – 77
https://doi.org/10.47348/AJCJ/2022/a3

Abstract

The legal order in Kenya abhors ethereal companies from engaging in serious corporate transactions with government since therein lies the possibility for economic and corporate crime to thrive. Those who commit economic crime and embezzle public funds often attempt to hide behind the legitimate legal fiction of company law. This is part of the reason why corruption is rampant. This article seeks to accentuate the reality of corporate criminal responsibility and to propose a way to ensure that corporates embrace alternative dispute resolution (ADR) to settle criminal cases. The article highlights the schools of thought on the use of ADR in fighting crime and responds to the objections to the use of ADR in resolving corporate crime. This article further suggests that these principles engraved in the criminal-law tradition must be reconsidered with appropriate responses to corporate crime.

The One-Two Punch: Utilising Community Prosecution and Victim-Centred Strategies to Successfully Prosecute Trafficking in Persons in Uganda

by | Mar 25, 2023 | AJCJ, AJCJ 2022

The One-Two Punch: Utilising Community Prosecution and Victim-Centred Strategies to Successfully Prosecute Trafficking in Persons in Uganda

Authors: Christy Salzman and Tyler Dunman

ISSN: 2958-8162
Affiliations: Boston University School of Law; Human Trafficking Institute
Source: Africa Journal of Crime and Justice 2022, p. 78 – 98
https://doi.org/10.47348/AJCJ/2022/a4

Abstract

Since the passage of the Palermo Protocol in 2000, most states have increased their efforts to investigate and prosecute trafficking in persons. According to the annual Department of State Trafficking in Persons Report, Uganda currently ranks as a Tier 2 country, partly due to ongoing difficulties in investigating and prosecuting of trafficking in persons. This article suggests community prosecution in Uganda could improve trafficking in persons prosecutions. Community prosecution is a non-traditional method of prosecution that focuses on preventing crime before it happens. By combining community prosecution methods with other prosecutorial best practices, such as prosecutor-led investigations, multi-disciplinary teams, and a continuum of care, prosecutors in Uganda could better prevent trafficking in persons and serve victims through a trauma-informed approach. This article outlines relevant community prosecution practices, including the advantages and challenges, and then proposes several recommendations for how Ugandan prosecutors could implement community prosecution methods specifically to address trafficking in persons cases.

Victimisation and the Fear of Cybercrime during the COVID-19 Pandemic: Experience of Undergraduate Students in Kenya

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Victimisation and the Fear of Cybercrime during the COVID-19 Pandemic: Experience of Undergraduate Students in Kenya

Authors: Anthony Kahuthia Weru and Peterson Mwai Kariuki

ISSN: 2958-8162
Affiliations: Institute of Criminology, Forensics and Security Studies, Dedan Kimathi University of Technology; Institute of Criminology, Forensics and Security Studies, Dedan Kimathi University of Technology
Source: Africa Journal of Crime and Justice 2022, p. 99 – 125
https://doi.org/10.47348/AJCJ/2022/a5

Abstract

The victimisation model in the context of cyberspace suggests that previous cybercrime victimisation results in fear of cybercrime. Previous researchers have found mixed results in their findings. The current study uses five prevalent cybercrimes in Kenya, namely, impersonation, cyberbullying, online fraud, phishing, and computer virus, to establish the nature of the relationship between victimisation and the fear of cybercrime. A convenient sample of 55 university students pursuing a Bachelor’s degree in criminology at Dedan Kimathi University of Technology was used. Findings indicated that those who have experienced cyberbullying and impersonation and those who spend much time on social media are more fearful of cyberbullying. Moreover, those who have experienced online fraud and those who are less frequent shoppers are more fearful of online fraud, while those who have experienced phishing and those who receive a high number of spam emails are more fearful of hacking when opening links embedded in emails. Finally, those who have experienced computer viruses, as well as those who complete zero downloads per day, are more fearful of computer viruses. High internet usage, experiences of online fraud and phishing attacks and attempts which are positively related to fear of cyberbullying, can be attributed to COVID-19 times when most Kenyans were vulnerable and not working.

The Efficacy of National and International Accountability Mechanisms in Combating the Al-Shabaab in Somalia

by | Mar 25, 2023 | AJCJ, AJCJ 2022

The Efficacy of National and International Accountability Mechanisms in Combating the Al-Shabaab in Somalia

Authors: Kenneth Wyne Mutuma and Benson Waweru Thuo

ISSN: 2958-8162
Affiliations: University of Nairobi, School of Law; Advocate of the High Court of Kenya
Source: Africa Journal of Crime and Justice 2022, p. 126 – 166
https://doi.org/10.47348/AJCJ/2022/a6

Abstract

Decades of power struggles among political rivals have resulted in Somalia being regarded as a ‘failed state’. The absence of a central government has allowed Al-Shabaab to take control of parts of Somalia and commit war crimes as well as crimes against humanity. Despite compelling prima facie evidence of these
crimes, Al-Shabaab has not been held sufficiently accountable, leaving many victims without redress. This is due to the shortcomings of existing national and international accountability mechanisms. Somalia’s judicial branch faces significant capacity challenges that prevent it from adequately investigating and prosecuting war crimes. Countermeasures by religious fundamentalists and excessive reliance on informal dispute-resolution methods further frustrate the justice system’s efforts. Peacekeeping missions by international bodies such as the United Nations Security Council (UNSC) have also been ineffective. In addition, there are growing fears that the group’s reach will grow due to an increase in the revenue that it is able to generate. This article examines the shortcomings of the aforementioned accountability framework and offers solutions to address the gaps to ensure justice for the victims of Al-Shabaab.

Why the Preference for Xeer in Somalia Surged during the Coronavirus Pandemic

by | Mar 25, 2023 | AJCJ, AJCJ 2022

Why the Preference for Xeer in Somalia Surged during the Coronavirus Pandemic

Author: Doreen Muyonga

ISSN: 2958-8162
Affiliations: United States International University-Africa, Nairobi, Kenya
Source: Africa Journal of Crime and Justice 2022, p. 167 – 183
https://doi.org/10.47348/AJCJ/2022/a7

Abstract

The coronavirus pandemic has tested the resilience of justice systems across the world. The enforcement of public health measures such as lockdowns, curfews, social distancing, and stay-at-home orders posed serious challenges to access to justice in most jurisdictions. However, in Somalia, the resilience of its traditional justice system, Xeer, saw it continue to render relatively quick justice that was otherwise lacking following the closure of the government’s justice system. This article seeks to explain why the preference for Xeer increased during the pandemic. The article begins by providing background information about Somalia’s justice systems. It goes on to explain how Xeer works. It also discusses the challenges posed by the pandemic in respect of Somalia’s formal justice system. More importantly, it explains why Xeer was preferred during the pandemic. The article finds that the realities brought about by the pandemic, such as lockdowns, cessation of movement, social distancing, curfews, and loss of livelihoods, had minimal impact on Xeer’s functioning. This is because the process is conducted at the community level mostly under a tree, by clan elders at no cost, making it possible for locals to continue accessing uninterrupted justice. The article recommends strengthening Xeer since it has demonstrated its ability to fill the gap of a weak government judicial system.