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EFFECTS OF INSECURITY ON HUMAN RIGHTS VIOLATIONS IN ELBURGON
AREA NAKURU COUNTY, KENYA
MUGADA MARTINE
A Research Project Submitted to the Department of Peace, Security and Social Studies in
Partial Fulfillment of the Requirement for the Award of the Degree in B.A Criminology
and Security Studies
EGERTON UNIVERSITY
NAKURU TOWN CAMPUS
DECEMBER, 2015
1
DECLARATION AND APPROVAL
DECLARATION
I declare that this study is my original work and has not been presented to any other institution
for the award of any certificate.
Sign…………………………………. Date……………………………….
MUGADA MARTINE Reg. No: AP193/30507/12
APPROVAL
This work has been submitted for examination with my approval as the university supervisor
Sign……………………………………. Date…………………………………….
Dr. HADIJA MURENGA
Department of Peace, Security and Social Studies
Egerton University
2
DEDICATIONI hereby dedicate this dissertation to my beloved family especially my father and mother who
have supported me financially, morally and emotionally all through, and my friends who lent a
helping hand in times of need. Above all great honor and thanks be given to the Almighty for
enabling me to reach this far.
3
ACKNOWLEDGEMENTS
I wish to acknowledge the entire staff of the Department of Peace, Security and Social Studies.
Special thanks also go to my university supervisor Dr. Hadija Murenga for her priceless effort in
guidance and support during the entire study and research period. Appreciation goes to my
fellow colleagues for sharing with me useful ideas during entire period. All in all, I give thanks
to the Almighty God for enabling me to sail through it successfully, His unending love, mercy,
care, strength and guidance during the entire period of my study.
4
ABSTRACT
This study attempted to evaluate the effects of insecurity and crime in Elburgon town Nakuru
County. Human rights are an important aspect of human life and every constitution should
contain a bill of rights. However, dispensation of these rights is compromised by insecurity. The
objectives of the study were to identify the types of human rights violations, to establish the
causes of insecurity and to determine the effects of crime on human rights. The study used
descriptive survey research design. The study comprised of a population of 60 respondents which
was drawn from the total target population which was 300 people. Data collection was done
using questionnaires. They contained both close-ended and open-ended questions that were
constructed according to the objectives. Pre-testing of the instruments was carried out outside
those sampled for the study. Content validity was determined by pre-testing. The data collected
from the questionnaires was organized, analyzed and presented using descriptive statistics,
percentages and frequency tables. The study found that insecurity greatly affected the
dispensation of human rights in Elburgon area in Nakuru County.
5
Table of Contents
DECLARATION AND APPROVAL..........................................................................................................ii
DEDICATION............................................................................................................................................ iii
ACKNOWLEDGEMENTS........................................................................................................................ iv
ABSTRACT................................................................................................................................................v
CHAPTER ONE..........................................................................................................................................1
INTRODUCTION.......................................................................................................................................1
1.1 Background of the study....................................................................................................................1
1.2 Statement of the Problem...................................................................................................................2
1.3 Objectives of the study......................................................................................................................3
1.3.1 Broad Objective..............................................................................................................................3
1.3.2 Specific Objectives.........................................................................................................................3
1.4 Study Questions.................................................................................................................................3
1.5 Study Justification.............................................................................................................................3
1.6 Scope and Limitations of the study....................................................................................................3
1.7 Definition of terms.............................................................................................................................5
CHAPTER TWO.........................................................................................................................................6
LITERATURE REVIEW AND THEORETICAL FRAMEWORK............................................................6
2.1 Introduction.......................................................................................................................................6
2.2. Types of human rights violations......................................................................................................6
2.2.1 Violation of the Right to Life..........................................................................................................6
2.2.2 Extra Judicial Killings and Enforced Disappearances.....................................................................7
2.2.3 Violation of the Rights of Arrested Persons....................................................................................7
2.3 Causes of insecurity...........................................................................................................................7
2.3.1 Massive Youth Unemployment as a Driver of Insecurity...............................................................7
2.3.2 Poor Working Conditions and Terms of Service for the Police......................................................8
2.3.3 Endemic Culture of Corruption within the Security Agencies........................................................8
2.4 Effects of crime on Human Rights.....................................................................................................9
2.4.1 The effects of crime........................................................................................................................9
2.4.2 Public perception..........................................................................................................................10
2.5 Theoretical Framework....................................................................................................................10
2.5.1 Differential Association theory.....................................................................................................11
6
2.6 Conceptual Framework....................................................................................................................13
CHAPTER THREE...................................................................................................................................15
METHODOLOGY....................................................................................................................................15
3.1 Introduction.....................................................................................................................................15
3.2 Study Area.......................................................................................................................................15
3.3 Research Design..............................................................................................................................16
3.4 Target Population and Sampling Procedure.....................................................................................16
3.5 Unit of analysis................................................................................................................................17
3.6 Data Collection................................................................................................................................17
3.7 Data Analysis...................................................................................................................................17
3.8 Ethical considerations......................................................................................................................17
CHAPTER FOUR.....................................................................................................................................18
RESULTS AND DISCUSSION................................................................................................................18
4.1 Introduction.....................................................................................................................................18
4.2 Demographic Data of the Respondents............................................................................................19
4.3 To identify the types of human rights violations in Elburgon area...................................................20
4.4 To establish the causes of insecurity in Elburgon area.....................................................................21
CHAPTER FIVE.......................................................................................................................................24
SUMMARY, CONCLUSION AND RECOMMENDATIONS.................................................................24
5.1 Introduction.....................................................................................................................................24
5.2 Summary of the Study.....................................................................................................................24
5.3 Conclusion.......................................................................................................................................25
5.3.1 Empirical Conclusion...................................................................................................................25
5.3.2 Theoretical Conclusion.................................................................................................................25
5.4 Recommendations...........................................................................................................................25
5.5 Suggestions for Further Research....................................................................................................26
REFERENCES......................................................................................................................................27
APPENDICES...........................................................................................................................................28
APPENDIX 1: LETTER OF INTRODUCTION...................................................................................28
APPENDIX II: QUESTIONNAIRE......................................................................................................29
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CHAPTER ONE
INTRODUCTION
1.1 Background of the study
Human rights are moral principles or norms that describe certain standards of human behavior,
and are regularly protected as legal rights in municipal and international law (Kollapen, 2002).
They are commonly understood as inalienable fundamental rights to which a person is inherently
entitled simply because she or he is a human being, and which are inherent in all human beings.
The doctrine of human rights has been highly influential within international law, global and
regional institutions. Actions by states and non-governmental organizations form a basis of
public policy worldwide (Mutula, 2010). The idea of human rights suggests that "if the public
discourse of peacetime global society can be said to have a common moral language, it is that of
human rights." The strong claims made by the doctrine of human rights continue to provoke
considerable skepticism and debates about the content, nature and justifications of human rights
to this day. The precise meaning of the term right is controversial and is the subject of continued
philosophical debate; while there is consensus that human rights encompasses a wide variety of
rights such as the right to a fair trial, protection against enslavement, prohibition of genocide,
free speech, or a right to education, there is disagreement about which of these particular rights
should be included within the general framework of human rights; some thinkers suggest that
human rights should be a minimum requirement to avoid the worst-case abuses, while others see
it as a higher standard.
Human right is the first casualty of unconventional war. Even in liberal democracies, perceptions
of national insecurity can rapidly destroy citizen support for international law and democratic
values, such as the rule of law and tolerance (Rodriguez, 2004). Political leaders and defense
establishments arrogate the right to determine national interest and security threat, undermining
democratic checks and balances and creating a politics of fear. When terrorist violence is framed
as a war an uncontrollable, external, absolute threat to existence and identity it disrupts the
democratic functioning and global ties of target societies. Terrorism has succeeded in destroying
democracy when a national security state, without the knowledge or consent of its citizens,
9
tortures and kills detainees, runs secret prisons, kidnaps foreign nationals and deports them to
third countries to be abused, imprisons asylum seekers, spies on its citizens, and impedes
freedoms of movement, association, and expression on the basis of religion and national origin.
But some democracies do better than others, even in the face of overwhelming threats. How can
liberal democracies cope liberally? We can learn from comparing experiences and exploring
alternatives from the United States, United Kingdom, Israel, Spain, Canada, and Germany. We
find that Counter terror policies reflect a state’s history of threat and consequent institutional
toolkit, the construction of its national interest, and the public’s perception of the threat to that
interest (Rodriguez, 2004). Since similarly situated target states advance different counter terror
policies, to safeguard rights in the face of threat we must analyze the influence of differing rights
values, legal regimes, incorporation of international norms, and legitimacy base for the exercise
of authority. If we can rethink national security so it is not a fixed defense of borders by any
means necessary, but an evolving mode of protection for citizens from both external and
institutional violence, human rights become neither a trade-off nor a luxury. Rather, they
constitute an integral part of a sustainable defense of the citizenry and the democratic political
community.
Insecurity and criminal activities affect the dispensation of human rights in one way or another.
The current study sought to find out how insecurity and crime affects human rights in Elburgon
town Nakuru County, Kenya.
1.2 Statement of the Problem
Crime and insecurity, above all, compromises the defense of human rights within society. Crime
poses a threat on public security and thus provides potential for political instability. With the
increase in crime and insecurity in any area human rights become hard to safeguard and
dispense. In Kenya this was evident during the post-election violence that took place in
2007/2008. Elburgon area was very much affected during this time and a lot of human rights
violations were committed due to the high insecurity in the area during that period. Despite the
efforts of law enforcement agents in trying to minimize and curb crime, the incidences of human
rights violations have been on the rise and still a lot of crime reported in Elburgon. These study
intended to determine how insecurity has affected human rights in Elburgon town Nakuru
County, Kenya.
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1.3 Objectives of the study
1.3.1 Broad Objective
The broad objective for this study was to find out the effects of insecurity on human rights
violation.
1.3.2 Specific Objectives
i. To identify the types of human rights violation in Elburgon area, Nakuru county.
ii. To establish the causes of insecurity in Elburgon area Nakuru county.
iii. To determine the negative effects of crime and insecurity on human rights violations in
Elburgon area Nakuru County.
1.4 Study Questions
i. Why are there human rights violations in Elburgon area Nakuru County?
ii. Why is there insecurity in Elburgon area Nakuru County?
iii. What are the negative effects of crime and insecurity on human rights violations in Elburgon
area Nakuru County?
1.5 Study Justification
This study will be very important to the government, law enforcement agencies and Human
rights organizations as it will determine how crime and insecurity affects the dispensation of
human rights. The study will also be beneficial to other scholars who wish to take a study in the
field of criminal justice or any other related field.
1.6 Scope and Limitations of the study
The study was carried out in Elburgon area which is in Nakuru County. The study mainly
focused on the effects crime and insecurity has on the dispensation of human rights in Elburgon
area Nakuru County. The study was faced by many challenges especially on the field.
Respondents were not readily willing to offer information due to security reasons and/or the
sensitivity of the matter, the scope of the study also did not allow for generalizations of the
information gathered and another limitation was the sample size. To redress these challenges, the
researcher assured the respondents of the confidentiality of the information they gave and
11
assured them that the information was only used for academic purposes. On the sample size a
unit of analysis was used and this helped the researcher to come up with the right sample size for
the study.
12
1.7 Definition of terms
Crime–according to the researcher, crime is defined as an unlawful act punishable by law of a
state.
Human Rights – the researcher defined Human rights as moral principles or norms that describe
certain standards of human behavior.
Insecurity – the researcher defined insecurity as the state of being susceptible to danger or
threat; lack of protection.
Violation – The researcher in this study defined a violation as an act of going against something
or someone, in this case human rights.
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CHAPTER TWO
LITERATURE REVIEW AND THEORETICAL FRAMEWORK
2.1 Introduction
In this chapter the researcher reviewed literature from various sources around the world on the
effects of insecurity and crime on human rights. These reviews critically examined the effect
crime and insecurity has on human rights and the challenges these factors posed on human rights
dispensation. It also presented theoretical and conceptual framework.
2.2. Types of human rights violations
2.2.1 Violation of the Right to Life
The Constitutional standard on the right to life in article 26 requires that the government protects
human life. This means that nobody, including the government, can arbitrarily terminate life. It
also means that everyone has the right to be protected if his or her life is at risk. Recent
challenges on insecurity however paint a grim picture where the right to life is under threat from
both internal as well as external forces. During the period under review, a total number of 3060
people lost their lives in Kenya due to a number of insecurity related incidents.
According to the Waki Report, most of the deaths reported following the Post-Election Violence
(PEV) were attributed to gun-shot wounds from the police and violence from sharp or blunt
weapons deployed by rival ethnic combatants. The fact that seven years later, the patterns of
violence remains the same means that we have failed to implement the necessary reforms that
were recommended by the Kenya National Dialogue and Reconciliation (KNDR) Committee as
well as in the Constitution of Kenya (COK) 2010, and other pieces of legislation that have been
enacted to promote the safety and security of all Kenyans. Consequently, cases of extra-judicial
executions and enforced disappearances continued to be reported by several partners of the
Commission during the period under review. Crime was high during the period of the Post-
Election Violence especially in Elburgon which was a hotspot of ethnic rivalries. There were
therefore a lot of killings in the area and this was a great violation of the right to life which the
constitution should protect.
14
2.2.2 Extra Judicial Killings and Enforced Disappearances
Extra Judicial killings are unlawful and an affront to the commitment of human rights as set out
in the Constitution of Kenya 2010 and other international obligations. Failure to gather evidence
that results in convictions is one of the factors that motivate the security agencies, especially the
police, to resort to extra judicial killings. 60% of cases taken before courts do not meet the
minimum evidentiary threshold. Most end up in acquittals. Although a number of relatives,
friends and organizations have complained about or reported cases of extra judicial executions to
the relevant authorities, no serious investigations have never been conducted and no single police
officer or security agent has been prosecuted for their role or involvement in extra judicial
executions. In Elburgon area a lot of people especially youths have been killed for suspicion of
being involved in criminal gangs. They face these killings without going through the right
procedure and being proven guilty.
2.2.3 Violation of the Rights of Arrested Persons
The rights of arrested persons are protected under article 49 and 51 of the Constitution. Arrest is
a form of state constraint applied to a person, during which the person is placed under detention,
is imprisoned and is deprived of his right to move freely (Kollapen, 2002). An arrested person
has the right to be informed of the grounds of the arrest and has the right to remain silent, right to
communicate with an advocate, not to be compelled to make any confession, to be brought
before court within reasonable time and not later than 24 hours and right to defense among, right
to a fair hearing and right to humane treatment among other rights (Constitution, 2010). The
arrested person is entitled to the rights stipulated in the Bill of rights and to other recognized
rights in the international treaties that Kenya has ratified.
In Elburgon area a lot of youths are arrested and harassed by security officers and most of them
do not get to go to court to be proven guilty.
2.3 Causes of insecurity
2.3.1 Massive Youth Unemployment as a Driver of Insecurity
According to the 2009 Census, the youth (aged 15 to 34) constituted 35.39% of the country’s
population translating to around 13,665,378 million individuals. Of this number, 51% were male
while 49% were female. The population between age 0 to 14 accounts for 42.92% of the
15
country’s population. Thus bringing the total number of individuals below age 34 to 78.31% of
the total population13. Out of this number, slightly over 50% of the youth make up the country’s
labor force. This number is estimated to have increased by 10% by the 2009 census bringing the
number to 60%.
Despite accounting for a significant proportion of the country’s workforce, youth unemployment
is at a record high confirming the marginalization and peripheralization of more than half the
population of the country (Mutula Stephen, 2010). Unemployment among the youth stands at
70%. Indeed, it was precisely for this reason that the question of youth unemployment was
identified as a long-term issue that needed to be addressed under Agenda Four of the Kenya
National Dialogue and Reconciliation process (KNDR).
There is an established link between youth unemployment and crime in many parts of the
country and Elburgon is no exception. Unemployment in the area has led many youths to engage
in criminal activities and thus the increase in crime in the area.
2.3.2 Poor Working Conditions and Terms of Service for the Police
The police, just like all the other citizens in this country, have the right to live in dignity and
enjoy the human rights guaranteed in our constitution. If Kenyans expect the police to put their
best foot forward in securing their safety and security, then they must strive to ensure that the
men and women who risk their lives daily so that they may be safe and secure are not reduced to
the rat race of daily survival (Kollapen, 2002). One of the ways of making the foregoing a reality
is by ensuring that the working conditions and terms of service of the police are significantly
improved.
That the working conditions and the terms of service of the police remain deplorable is a fact that
cannot be ignored. Many officers lead poor lifestyles and thus they lack the drive to work hard.
This in turn causes rise in insecurity which leads to violation of human rights. Police officers in
Elburgon area also live in deplorable conditions and most of them engage in criminal activities.
The current study will seek to find out how this has affected the dispensation of human rights.
2.3.3 Endemic Culture of Corruption within the Security Agencies
Corruption within the security sector has been found to be the greatest impediment to the
government’s effort to both address and redress the rising levels of insecurity in the country
16
(Mutula Stephen, 2010). Available evidence shows that there are an increasing number of cases
of collusion between law enforcement officers and criminals.
The culture of corruption among the security agents has significantly eroded the confidence
between law enforcement officers and members of the public who may genuinely want to
cooperate with the officers to combat crime. Elburgon is also faced with the challenge of
corruption among security officers and thus crime rate in the area is very high.
2.4 Effects of crime on Human Rights
2.4.1 The effects of crime
Crime, above all, compromises the defense of human rights within society. Cavallaro highlights
that crime poses a threat on public security and thus provides potential for political instability
(Cavallaro: 2005). He continues to argue that criminal activities are exceptionally prominent in
transitional societies where social dislocations have resulted in greater opportunity and
likelihood for criminal activity.
Crime places an added burden on societies in transition, in that the measures taken as a response
to criminal behavior need to be taken in the light of democratic values; this includes recognition
of human rights, which is often difficult given the levels of crime in such societies. In other
words, crime creates an environment which is not conducive to the maintenance of human rights
standards. The reasons for this, according to Cavallaro, are that states generally have two options
when responding to crime. Firstly, they may enter into collaborative interaction with civil-society
groupings and approach crime from ‘community-policing’ point of view. This method, in
general, corresponds to the values and principles of democratic society and thus lightens the
burden with regard to the maintenance of human rights within society. This approach, however,
often proves futile in transitional societies where crime rates are exceptionally high, as the nature
of ‘community-policing’ is generally slow and is thus more conducive to established democratic
societies where crime rates are low. Slow responses to criminal activity often result in an
increase in public pressure leading to governments resorting to the second type of response
which is the ‘hardline’ or authoritarian response (Cavallaro: 2005).
Such a response implies an increase in severity of punishment for crimes, hastened court
procedures and, frequently, other more brutal methods of prevention. This, although more
17
effective than the collaborative approach, has seriously detrimental consequences with regard to
the procurement of human right, as the following quote from Cavallaro suggests.
Where crime is not sufficiently dealt with by government, there is a potential for vigilantism.
Vigilantism is particularly common in transitional states and is of particular concern with regard
to human rights in that it is defended by the claim that it is societies only way of securing their
human rights, yet at the same is achieved through the violation of another’s.
2.4.2 Public perception
When considering the development of human rights within any given society, it is imperative to
acknowledge public opinion as a primary contributing factor. The perceptions of the public and
the nature of the interaction between the public and government are crucial to how human rights
are acknowledged within society.
Ultimately, it is public opinion which stimulates drives and impacts on democratic politics, thus
the emphasis on its importance. One of the primary influences of public opinion, especially in
this era of globalization, is the media. With regard to crime, media agents tend to exaggerate and
sensationalize crime to the extent that offenders do not deserve even their basic human rights.
Furthermore, the media also tends to focus on the more heinous crimes such as murder and rape,
thus invoking a negative public sentiment towards offenders (Cavallaro: 2005). As a result, such
journalism often leads to the belief among civic society that those who are involved in human
rights activism, are merely apologists for crime and futile in the struggle for peace. Such beliefs
further hinder the acknowledgement of human rights and thus challenge the system of
democracy. (Slack: 2007).
Crime has greatly affected the dispensation of human rights in Kenya today. In areas with high
rates of crime it is usually hard for citizens to receive their rights; most of them are usually
violated as people are treated with a lot of hostility especially by security officers. Elburgon area
is one of the areas reported to have a high crime rate in Nakuru County and thus this research
sought to find out how this has affected human rights in that area.
2.5 Theoretical Framework
Human security is an emerging school of thought which challenges the traditional, state-based
conception of security and argues that a people-focused approach to security is more appropriate
in the modern interdependent world and would be more effective in advancing the security of
18
individuals and societies across the globe. This study based one major theory namely Differential
Association Theory (DAT).
2.5.1Differential Association theory
Differential association is a theory developed by Edwin Sutherland (1883–1950) proposing that
through interaction with others, individuals learn the values, attitudes, techniques, and motives
for criminal behavior. Differential association theory is the most talked about of the learning
theories of deviance. This theory focuses on how individuals learn to become criminals, but does
not concern itself with why they become criminals.
Differential association predicts that an individual will choose the criminal path when the
balance of definitions for law-breaking exceeds those for law-abiding. This tendency will be
reinforced if social association provides active people in the person’s life. The earlier in life an
individual comes under the influence high status people within a group, the more likely the
individual is to follow in their footsteps. This does not deny that there may be practical motives
for crime. If a person is hungry but has money, there is a temptation to steal. But the use of
“needs” and “values” is equivocal. To some extent, both non-criminal and criminal individuals
are motivated by the need for money and social gain. The principles of Sutherland’s theory of
Differential association can be summarized into nine points.
An important quality of differential association theory is the frequency and intensity of
interaction. The amount of time that a person is exposed to a particular definition and at what
point of interaction began are both crucial for explaining criminal activity. The process of
learning criminal behavior is really not any different from the process involved in learning any
other type of behavior. Sutherland maintains that there is no unique learning process involved in
associated with acquiring non-normative behavior.
One very unique aspect of this theory is that it works to explain more than just juvenile
delinquency and crime committed by lower class individuals. Since crime is understood to be
learned behavior, the theory is also available to white-collar, corporate, and organized crime.
19
People may become criminals when they interact with or if they live in an area with a lot of
criminal activities. This theory was applicable as the study found out the causes of insecurity and
crime in Elburgon town, Nakuru County.
20
2.6 Conceptual Framework
Independent Variables Dependent Variables
Source: Researcher (2015)
21
Human rights violation
Violation of right to life Violation of arrested
persons’ rights Extrajudicial killings
Causes of crime
Youth unemployment Corruption of security
officers Poor working conditions
for police officers.
Human Rights dispensation
Security
Outcomes of effects of insecurity on human rights:
Defense of human rights is compromised.
Increased tension and suspicion among residents.
Vigilantism.
Summary
The framework above contains independent variables which are factors that affect the
dispensation of human rights in Elburgon, Nakuru County. They include the types of violations
found in the area and the causes of crime. The outcomes of the violation of human rights include
vigilantism, increased tension among residents and the defense of human rights being
compromised. If we have the capacity to choose right from wrong then it only means that our
happiness and sorrows are totally interdependent on our choices as human beings.
22
CHAPTER THREE
METHODOLOGY
3.1 Introduction
This chapter presented detailed description of the methodology to be used in the study. It
includes research design, description of the study area, research design, target population and
sampling techniques, sample size, instruments for data collection, validity and reliability of
instruments, data collection techniques and methods for data analysis.
3.2 Study Area
This study was carried out in Elburgon town which is a small town in Nakuru County, Kenya. It
is located 30 kilometers west of the capital city of Nakuru town, the provincial capital. Nearest
towns include: Molo, Njoro and Rongai.
Map 1: Nakuru County Map
Source: Google Maps
Elburgon is an electoral ward of the Molo constituency and Nakuru County Council. Elburgon is
also a name of an administrative division in Nakuru County. Elburgon division is divided into
three locations: Elburgon, Mariashoni and Turi.
23
There are many criminal activities going on in the area and thus the researcher viewed it as a
perfect area to carry out this research. Elburgon town has witnessed many cases of human rights
violations especially due to the high insecurity in the area. This study sought to find out how
crime and insecurity has affected human rights dispensation in the area.
3.3 Research Design
The study used a descriptive survey design to find out the effects of crime and insecurity on
human rights in Elburgon town Nakuru County.
Descriptive survey designs are used in preliminary and exploratory studies to allow researchers
to gather information, summarize, present and interpret for the purpose of clarification. The
choice of descriptive survey design is based on the fact that the researcher will not manipulate
any variables.
3.4 Target Population and Sampling Procedure
Target population is all the members of a real or hypothetical set of people, events or objects to
which a researcher wishes to generalize the results of the study (Borg and Gall; 1989). The study
was conducted in Elburgon town in Nakuru County and it targeted the residents of the town. It
was estimated that a total of 1,000 people live in Elburgon town and its environs.
Sampling is the process of selecting a sufficient number of elements from the population so that
by studying the sample properties and characteristics they can be generalized to the entire
population. A sample is a sub-set of the population and comprises some elements from the
population.
According to Gay (1992), the minimum sample size should be 20% of the target population.
Mugenda and Mugenda (1999) note that for statistical analysis of data there should be at least 30
respondents. For this study, the sample that was used included 60out of 300 respondents which
was 20% that was obtained after the unit of analysis was applied.
24
3.5 Unit of analysis
The researcher targeted the residents who have lived in Elburgon town for more than 10 years so
as to gather enough information on events that have taken place during that period. The target for
this research was 300 respondents.
3.6 Data Collection
Data collection tools that were used in this study were questionnaires with open-ended questions
to facilitate acquisition of individual opinions and closed-ended questions to get specific
information. The questionnaires were distributed to the respondents randomly and were later
collected after the respondents had filled them.
After preparation of the questionnaire, a pilot study was conducted prior to data collection, in
order to enhance validity and reliability of the instrument.
3.7 Data Analysis
The data collected from the questionnaires was organized, analyzed and presented using
descriptive statistics, percentages and frequency tables.
3.8 Ethical considerations
Prior permission to conduct research was obtained from the relevant authorities. The researcher
adequately provided clear explanation on the purpose of the study to the respondents and their
voluntary participation and their consent was sought. Respondents were also assured of
confidentiality of the information that they provided since they were not required to indicate their
real names on questionnaires thus concealing their identities; pseudo names were given to
respondents during the process.
25
CHAPTER FOUR
RESULTS AND DISCUSSION
4.1 Introduction
This chapter presents the results of the study based on the data collected from the field. The
purpose of this study was to find out the effects of Insecurity on human rights violations in
Elburgon area Nakuru County.
The study was guided by the following objectives:
1. To identify the types of human rights violations in Elburgon area Nakuru County.
2. To establish the causes of insecurity in Elburgon area, Nakuru County.
3. To determine the negative effects of crime and insecurity on human rights violations in
Elburgon area, Nakuru County.
80
20
Response Rate
Complete Incomplete s
26
The sample size for the study was 60 residents of Elburgon town who have lived there for more
than ten years. Questionnaires were administered to them and 48 of them completed the
questionnaires whereas12of them were incomplete. Thus; this gave a return rate of 80%which
was high enough.
4.2 Demographic Data of the Respondents
Table 4.1 shows the age of residents who participated in the study.
Table 4.1: Age of the Respondents
Age Frequency Percentage
Below 20 years 0 0.0 %
21 – 30 years 15 31.25%
31 – 40 years 13 27.08%
41 – 50 years 18 37.5%
51 – 60 years 2 4.16%
Above 60 years 0 0.0 %
Total 48 100.0%
Source: Research Data (2015)
From table 4.1 above there were no respondents who were below 20 years. 15 (31.25%) of the
respondents were in the 21-30 age bracket while 13 (27.08%) of them were in the 31-40 age
bracket. Majority of the respondents 18(37.5%) were in the 41-50 age bracket. Only 2 (4.16%) of
the respondents were aged between 51-60 years.
4.2.1 Gender of the Respondents
Table 4.2 shows the gender of the respondents who participated in the study
Table 4.2 Gender of Respondents
Gender Frequency Percentage
Male 30 62.5
Female 18 37.5
Total 48 100%
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Source: Research Data (2015)
4.2.2 Education Level
Table 4.3 below shows the highest education levels of the respondents
Table 4.3 Education level
Level Frequency Percentage
Primary 0 0%
Secondary 15 31.25%
College 13 27.08%
University 20 41.67%
Total 48 100%
Source: Research Data (2015)
From table 4.3 above none of the respondents had Primary as their highest level of education. 15
(31.25%) of them had attained secondary school education while 13 (27.08%) of them had
attained college education. 20(41.67%) of the respondents had attained university education.
4.3 To identify the types of human rights violations in Elburgon area
Table 4.4 shows the responses of the respondents on the types of human rights violations.
Table 4.4 Presence of Human Rights Violations
Are there Human Rights Violations in this area Frequency Percentage
Yes 48 100%
No 0 0.0%
From the table above all the respondents agreed that there is presence of human rights violations
in Elburgon area, Nakuru County.
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Table 4.5 Types of Human Rights Violation
Statement Frequency Percentage
Violation of the right to life 48 100%
Violation of rights of arrested persons 48 100%
Extra judicial killings 48 100%
Violation of the freedom of speech 43 89.58%
Violation of the freedom of movement 40 83.33%
Source: Research Data (2015)
From table 4.4 above all the respondents agreed that there is violation to the right to life in
Elburgon. All the respondents also agreed there is the violation of rights of arrested persons. 43
(89.58%) of the respondents stated that they had witnessed the violation of the freedom of
speech. 40 (83.33%) of the respondents stated that they had witnessed the freedom of movement
being violated in the area. The findings revealed that there are massive human rights violations
going on in Elburgon area, Nakuru County.
4.4 To establish the causes of insecurity in Elburgon area
Table 4.6 shows the responses of respondents on the causes of insecurity in Elburgon area.
Table 4.6 Status of Security in Elburgon area
Frequency Percentage
Excellent 0 0.0%
Good 10 20.8%
Bad 35 72.9%
Worse 3 6.25%
Total 48 100%
From the table above 10 (20.8%) of the respondents stated that security in the area was good.
35(72.9%) of the respondents stated that security in the area was bad. 3(6.25%) of the
respondents stated that the security in Elburgon area was worse. The findings showed that there
was poor security in the area.
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Table 4.7 Causes of Insecurity
Statement Frequency Percentage
Youth unemployment 48 100%
Corruption among security officers 48 100%
Poor pay for security officers 43 89.58%
Lack of enough equipment to fight crime 38 79.17%
Source: Research Data (2015)
From table 4.7 above all the respondents agreed that youth unemployment causes insecurity in
Elburgon. All the respondents also agreed that corruption among security officers also causes
insecurity. 43 (89.58%) of the respondents stated that poor pay of security officers causes
insecurity while 38(79.17%) of the respondents stated lack of enough equipment to fight crime
as a factor that contributes to insecurity.
4.5 To determine the negative effects of crime and insecurity on human rights violations
Table 4.8 shows the responses on effects of crime on human rights
Does insecurity have an effect on human rights Frequency Percentage
Yes 48 100%
No 0 0.0%
Source: Research Data (2015)
From table 4.8 above all the respondents agreed that insecurity has an impact on human rights.
The study therefore concluded that insecurity plays an important role in the dispensation of
human rights and it is thus important to make sure that there is enough security for citizens in
any given area.
4.6 Summary of the Findings
From the study it was evident that insecurity had adverse effects on human rights. If the security
of a certain area is low then there is a likelihood of human rights being violated in that particular
area (Smith, 2012). Human rights need to be protected in every aspect as they are the
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fundamental rules that people live by. The study findings revealed that there is high need to
improve the security in the area of study which is Elburgon so as to ensure that human rights are
protected and are well dispensed.
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CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Introduction
This chapter presents a summary of the study, conclusions and recommendations arrived at. The
chapter also presents suggestions for further studies. The study sought to find out the effects of
insecurity on human rights in Elburgon area, Nakuru County.
The study was guided by the following objectives:
1. To identify the types of human rights violations in Elburgon area, Nakuru County.
2. To establish the causes of insecurity in Elburgon area, Nakuru County.
3. To determine the negative effects of crime and insecurity on human rights violations in
Elburgon area, Nakuru County.
5.2 Summary of the Study
The study was carried out in Nakuru Elburgon town which is in Nakuru County and
questionnaires were administered to 60 respondents. 48 of the questionnaires were returned
having been filled fully and thus the study had a return rate of 80% which was high enough and
thus the data collected could be analyzed.
On the types of human rights violated in Elburgon town, all the respondents agreed that there is
violation to the right to life. All the respondents also agreed there is the violation of rights of
arrested persons. 43 (89.58%) of the respondents stated that they had witnessed the violation of
the freedom of speech. 40 (83.33%) of the respondents stated that they had witnessed the
freedom of movement being violated in the area. The findings revealed that there are massive
human rights violations going on in Elburgon area, Nakuru County.
Respondents also stated youth unemployment as the major cause of insecurity in the area. They
also stated corruption of the security officers and poor pay for the security officers as other
factors that led to insecurity in Elburgon town, Nakuru County.
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On the effects of insecurity on human rights, all the respondents agreed that insecurity has an
impact on human rights.
5.3 Conclusion
Based on the findings of the study as summarized above, it can be concluded that security of an
area plays a very important role towards the dispensation of human rights in the same area.
Therefore, it is important to make sure that there is enough security. Insecurity brings about
harassment of individuals especially by security officers and many other violations of their
rights; insecurity compromises smooth running of day to day activities and increase in human
rights violations.
5.3.1 Empirical Conclusion
Human rights are fundamental and they apply to everyone in every part of the world. The current
study revealed that these rights are highly affected by the state of security of a given area.
Therefore, it is important to ensure that the security of a given area is heightened and rights
safeguarded for the citizens to feel secure.
5.3.2 Theoretical Conclusion
This study based one major theory namely Differential Association Theory (DAT) which was
advanced by Edwin Sutherland. According to Edwin Sutherland, people may become criminals
when they interact with or if they live in an area with a lot of criminal activities. This theory was
applicable as the study found out the causes of insecurity and crime in Elburgon town, Nakuru
County.
5.4 Recommendations
Based on the findings of the study, the researcher recommended that:
The government should highly fight with the vice of corruption especially among security
officers so as to improve on service delivery.
Youth empowerment programs should also be put in place and implemented effectively so as to
keep them busy and minimize their engagement in unconventional means of earning a living
and/or criminal activities.
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The public should also be educated on their rights for them to know when these rights are being
violated.
5.5 Suggestions for Further Research
A research should be carried out in other areas to find out how insecurity affects human rights in
different parts of the country.
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REFERENCES
Cavallaro, J. L. (ed) (2003) Crime, Public Order and Human Rights. International Council on
Human Rights Policy: Geneva.
Cavallaro, J & Mohamedou, M O (2005) Public Enemy Number Two? Rising Crime and Human
Rights Advocacy in Transitional Societies. In Harvard Human Rights
Journal.v18, Spring 2005. President and Fellows of Harvard College: USA.
Kollapen, N & Sekhonyane, M (2002) Combating Crime and Respecting Human Rights: An
Illusive Balance or the Search for a Durable Solution. In Crime, Public Order
and Human Rights Project Review Seminar. International Council on Human Rights
Policy: Geneva.
Nickel, J (2003) “Human Rights” Stanford Encyclopedia of Philosophy. Available
at:www.plato.stanford.edu
Rodriguez, H (2004) “A Long Walk to Freedom” and Democracy: Human Rights, Globalization
and Social Injustice. In Social Forces, September, 2004. Vol. 1. No. 83.Pp. 391-
412.
Slack, J (2007) “Public Outrage Could See Human Rights Law Scrapped” Daily Mail.1/18/2007.
London. England
Mirzeler, Mustafa and Young, Crawford, ‘Pastoral politics in the northeast periphery in Uganda:
AK-47 as change agent’, The Journal of Modern African Studies, 38 (3), 2000, pp 407
429
Mutula Stephen, Mona K Wilson, “Leadership and political corruption in Kenya: Analysis of the
2010 Constitutional provisions on the Presidency”, Volume 38, Number 3, Fall
2013, University of Kwazulu Natal.
35
“The Cry of Blood” KNCHR Report on Extra – Judicial Killings and Enforced Disappearances,
September 2008
The Kenyan Constitution (2010)
APPENDICES
APPENDIX 1: LETTER OF INTRODUCTION
EGERTON UNIVERSITY,
NAKURU TOWN CAMPUS,
BOX 13357,
NAKURU
TO:
Dear Sir/Madam,
RE: REQUEST FOR RESEARCH DATA COLLECTION
I am a student of Egerton University pursuing degree in Bachelor of Arts in Criminology and
security studies. As part of the requirement of the program, I am required to undertake a research
on “Effects of insecurity on Human Rights in Elburgon town, Nakuru County, Kenya”
I kindly request for your assistance in filling the questionnaire attached. The information you
give will be treated with utmost confidentiality and the results of the research will be for
academic purposes only.
I shall be grateful to receive your favorable response.
Yours sincerely,
Mugada Martine.
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37
APPENDIX II: QUESTIONNAIRE
Introduction
This is a research study being carried out to find out the effects of insecurity on human rights
violations in Elburgon area, Nakuru County, Kenya. This study is for learning purposes only and
information given will be confidential.
Put a tick [√] where appropriate.
SECTION A:
i. Name of the respondent (optional) …………………………………………………
ii. Gender of respondent. Male []Female []
iii. Age of the respondent. less than 20 years [] between 20 and 30 []
Between 30 and 40 [] between 40 and 50 [] between 50 and 60 [] above 60 []
iv. Highest level of education. Primary [] secondary [] college [] university []
SECTION B: TYPES OF HUMAN RIGHTS VIOLATIONS
a. Are there human rights violation in this area?
Yes No
b. If Yes in (a) above please state the type of violation
Violation of the right to life
Violation of rights of arrested persons
Extra judicial killings
Any other
Please specify
……………………………………………….
………………………………………………………………………………………………………
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…………………………………………...…….
SECTION B: CAUSES OF INSECURITY
c. How can you rate the security in this area?
Excellent Worse
Good
Bad
d. What do you think causes insecurity?
Youth unemployment
Corruption among security officers
Others Please
specify………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
SECTION C: EFFECTS OF CRIME ON HUMAN RIGHTS
e. Do you think crime and insecurity affects human rights?
Yes, No
f. In your own words what can be done to reduce the impact crime and insecurity has on human
rights?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
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Thank you
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