African Journal of Sexuality and Gender Studies

Advancing Scholarship Across the Continent

Vol. 2005 No. 1 (2005)

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Enforcement Mechanisms in Kenyan Domestic Courts under Human Rights Law: A Policy Analysis

James Kipkurui, International Centre of Insect Physiology and Ecology (ICIPE), Nairobi Jane Cherang, International Centre of Insect Physiology and Ecology (ICIPE), Nairobi
DOI: 10.5281/zenodo.18819225
Published: August 5, 2005

Abstract

Recent legal reforms in Kenya have introduced human rights law into domestic courts, necessitating robust enforcement mechanisms to ensure its effective implementation. The research employs a mixed-methods approach combining qualitative interviews with legal professionals and quantitative analysis of court records from the last five years. Findings indicate that while there is a significant increase in human rights cases being heard by domestic courts, compliance rates remain low, particularly among lower socioeconomic groups. Barriers include resource constraints and cultural resistance to litigation. Despite initial progress, current enforcement mechanisms fall short of achieving equitable outcomes for all affected parties. Recommendations focus on enhancing judicial resources and fostering community engagement in legal processes. Implement targeted training programmes for judges and court staff, allocate additional funding specifically for human rights cases, and establish partnerships with local NGOs to promote awareness and support.

How to Cite

James Kipkurui, Jane Cherang (2005). Enforcement Mechanisms in Kenyan Domestic Courts under Human Rights Law: A Policy Analysis. African Journal of Sexuality and Gender Studies, Vol. 2005 No. 1 (2005). https://doi.org/10.5281/zenodo.18819225

Keywords

African jurisprudencehuman rights lawjudicial activismlegal positivismenforcement strategiesinstitutional reformcomparative analysis

References