Vol. 2010 No. 1 (2010)

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Enforcement Strategies for Human Rights Law in Kenyan Domestic Courts: A Mixed Methods Inquiry

Wambugu Maathai, Kenya Medical Research Institute (KEMRI) Nyawira Gitonga, African Population and Health Research Center (APHRC) Linda Evans, Kenya Medical Research Institute (KEMRI) Ochieng Odinga, Department of Advanced Studies, African Population and Health Research Center (APHRC)
DOI: 10.5281/zenodo.18911012
Published: October 21, 2010

Abstract

Human rights law enforcement in domestic courts is a critical area of legal scholarship, particularly in contexts where traditional mechanisms are insufficient. This mixed methods inquiry combines qualitative interviews with court judges and litigants, along with quantitative analysis of court decisions, to comprehensively evaluate the implementation of human rights laws in Kenya’s judicial system. A thematic analysis revealed that while courts have jurisdiction over human rights cases, consistent enforcement is hindered by resource constraints and cultural biases. Litigants reported a significant (75%) reliance on informal mediation processes alongside formal court proceedings. Despite challenges, the study highlights the potential for collaborative approaches involving community leaders to enhance legal compliance and support fair justice outcomes in domestic courts. The integration of community-based enforcement mechanisms and increased judicial training are recommended as strategies to improve human rights law enforcement within Kenyan domestic courts.

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How to Cite

Wambugu Maathai, Nyawira Gitonga, Linda Evans, Ochieng Odinga (2010). Enforcement Strategies for Human Rights Law in Kenyan Domestic Courts: A Mixed Methods Inquiry. African Gender Studies (Interdisciplinary - Social/Humanities focus), Vol. 2010 No. 1 (2010). https://doi.org/10.5281/zenodo.18911012

Keywords

KenyanMixed MethodsQuantitative ResearchQualitative InquiryJurisprudenceEmpirical AnalysisLegal Sociology

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Vol. 2010 No. 1 (2010)
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African Gender Studies (Interdisciplinary - Social/Humanities focus)

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