African Taxation Review (Business/Law crossover) | 16 May 2004
Enforcement Strategies for Human Rights Law in Kenyan Domestic Courts: A Mixed-Methods Inquiry
W, a, m, b, u, g, u, M, u, t, h, o, n, i
Abstract
Human rights law in Kenya is increasingly recognised as a critical component of domestic courts' jurisdiction. However, the effective enforcement of these laws remains a significant challenge. The research employs both qualitative interviews with judges and court administrators, as well as quantitative analysis of court records over a five-year period from to . Data triangulation is used to enhance validity and reliability. Court records revealed that only 45% of human rights cases resulted in judgments favoring the complainants, indicating significant enforcement gaps despite efforts by courts and stakeholders. While some innovative strategies have been implemented, such as specialized judges for human rights cases, their impact on overall case outcomes is limited. The prevalence of procedural challenges remains a major obstacle to effective enforcement. Recommendations include the establishment of dedicated human rights units within courts and the development of training programmes for judicial staff focused on human rights law application and advocacy.