The 2016 intervention by the Economic Community of West African States suggests that the Responsibility to Protect principle may justify actions conducted in furtherance of democratic ideals, not just to prevent mass atrocities.
Emmah Wabuke holds an LL.B from University of Nairobi and an LL.M from Harvard Law School. She is also an Advocate of the High Court of Kenya. Emmah is a Lecturer at Strathmore Law School and a Research Fellow at Strathmore Institute of Advanced Studies in International Criminal Justice where she heads the Gender Peace and Security Centre. She has an interest in the intersection between gender and national security in Africa.
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While the dispute will likely not result in military conflict, escalating tensions between Kenya and Somalia may have substantial national security implications.
This morning, the Kenyan Supreme Court announced it cancelled last month’s presidential election and ordered a new election within 60 days. Chief Justice David Maraga affirmed that the August 8th election, which declared incumbent Uhuru Kenyatta the winner by a margin of 1.4 million votes, was not “conducted in accordance with the constitution.” Justice Maraga stated the election commission had committed irregularities “in the transmission of results,” although more details on this conclusion have not yet been provided.
Kenya's Constitution requires a greater degree of involvement by the National Assembly in approving the internal deployment of military forces than has been recognized.