African Constitutional History (Law/History/Political Science crossover) | 04 October 2010
Enforcement Strategies in Kenyan Domestic Courts for Human Rights Law: A Historical and Comparative Analysis
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Abstract
Enforcement of human rights law in domestic courts is a critical issue for ensuring compliance with international and regional human rights instruments in Kenya. A qualitative analysis of court decisions, legal literature, and interviews with judges and lawyers will be conducted to understand current enforcement mechanisms. The study reveals a significant increase in the number of human rights cases adjudicated by Kenyan courts over the past decade, particularly in areas like education and healthcare. While judicial activism has played a crucial role in advancing human rights jurisprudence, there is room for improvement in terms of legislative support and public engagement strategies. The government should consider introducing specific funding mechanisms to bolster court enforcement efforts, alongside promoting public awareness campaigns about human rights laws.