Studies in African Customary Law (Law/Social/Anthropology crossover) | 17 February 2008
Enforcement Dynamics in Domestic Courts: An Analysis of Human Rights Law in Kenya
O, d, h, i, a, m, b, o, K, i, n, y, a, n, j, u, i
Abstract
This study examines the enforcement mechanisms of human rights law within domestic courts in Kenya. The methodology involves qualitative research using court records, legal documents, and interviews with judges and litigants. Document analysis of rulings and case decisions was also conducted. There is a notable trend where human rights violations are often overlooked or inadequately addressed by the courts, particularly in cases involving marginalized communities. The findings suggest that while there has been some progress in incorporating human rights into court practices, significant challenges remain regarding enforcement and accessibility. There is a need for further training for judges on human rights law, as well as the development of clear guidelines to enhance legal processes related to human rights violations.