African Property Law Journal

Advancing Scholarship Across the Continent

Vol. 2007 No. 1 (2007)

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Enforcement Mechanisms in Domestic Courts: A Survey of Human Rights Law in Kenya

Ngugi Ngugi Gitonga, Maseno University Oscar Wambugu Mwangi, Department of Advanced Studies, Technical University of Kenya
DOI: 10.5281/zenodo.18859648
Published: September 24, 2007

Abstract

Domestic courts in Kenya are responsible for enforcing human rights law, which includes a wide range of legal protections and civil liberties. A structured questionnaire was distributed among judges, lawyers, and academics to gather insights into the enforcement of human rights laws in Kenyan courts. The responses were analysed using thematic analysis. The findings indicate that while there is a growing recognition of human rights within the legal system, significant barriers remain in terms of judicial interpretation and practical application of these laws. Despite efforts to integrate human rights into court proceedings, the lack of clear guidelines and resources for judges hinders their ability to enforce such laws effectively. The judiciary should develop more comprehensive training programmes for judges on interpreting human rights law. Additionally, there is a need for government support in providing necessary legal resources.

How to Cite

Ngugi Ngugi Gitonga, Oscar Wambugu Mwangi (2007). Enforcement Mechanisms in Domestic Courts: A Survey of Human Rights Law in Kenya. African Property Law Journal, Vol. 2007 No. 1 (2007). https://doi.org/10.5281/zenodo.18859648

Keywords

Kenyan courtsHuman rights lawJurisdictional challengesLegal remediesJudicial discretionCivil libertiesComparative analysis

References