African Trade and Investment Law (Law/Economics/Business crossover)

Advancing Scholarship Across the Continent

Vol. 2005 No. 1 (2005)

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Enforcing Rights in Kenya: A Scholarly Assessment of Domestic Courts' Mechanisms

Oginga Gitonga, University of Nairobi
DOI: 10.5281/zenodo.18820954
Published: August 17, 2005

Abstract

This commentary focuses on the enforcement mechanisms for human rights law within domestic courts in Kenya. No empirical results are provided; instead, this commentary relies on secondary sources such as court judgments, legal scholarship, and policy documents to explore these mechanisms. The commentary highlights that while Kenyan courts have demonstrated an evolving approach towards human rights enforcement, there remains substantial room for improvement in terms of procedural efficiency and consistency across different court levels. To enhance the effectiveness of human rights enforcement, it is recommended that legal education programmes are strengthened to improve judges’ understanding of international human rights instruments. Additionally, efforts should be made to streamline judicial procedures and increase transparency in decision-making processes.

How to Cite

Oginga Gitonga (2005). Enforcing Rights in Kenya: A Scholarly Assessment of Domestic Courts' Mechanisms. African Trade and Investment Law (Law/Economics/Business crossover), Vol. 2005 No. 1 (2005). https://doi.org/10.5281/zenodo.18820954

Keywords

African jurisprudencehuman rights enforcementlegal pluralismjudicial activismcomparative lawlegal formalismAfrican court systems

References