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

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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

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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.

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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.

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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.

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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

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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,

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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

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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.

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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.

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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

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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

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(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

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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.

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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.

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2.6 Conceptual Framework

Independent Variables Dependent Variables

Source: Researcher (2015)

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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.

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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.

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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.

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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.

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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

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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.

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“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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