Journal articles on the topic 'Human rights – Kenia'
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1
Akattu, Enock. "Realization of the Right to Education." Msingi Journal 1, no. 1 (September 4, 2018): 3–39. http://dx.doi.org/10.33886/mj.v1i1.66.
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This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya
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Bukuru, Jean-Batiste, and Aleksandr Solntsev. "The Issues of Legitimacy of the International Criminal Court in Its Relations with African Countries in the Sphere of Counteracting International Crimes." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 332–39. http://dx.doi.org/10.17150/2500-4255.2019.13(2).332-339.
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The authors study the legitimacy of the establishment and work of the International Criminal Court (ICC) from the perspective of African countries. They point out that African countries initially supported the idea of creating the ICC and actively participated in its establishment and development. However, after the Court initiated investigations regarding the current President of Sudan Omar Al-Bashir and other African leaders (current President of Kenia Uhuru Muigai Kenyatta, its Vice-President William Samoei Ruto, former Head of the Great Libyan Arab Jamahiriya Muammar Gaddafi, the ex-President of Cote d’Ivoire Laurent Gbagbo, and others), the ICC began to lose its legitimacy in the eyes of most African leaders, who started to perceive it as a political instrument of Western countries. As a result, the African Union in its Resolutions (13 (XIII), 987 (XXIX), 952 (XXVIII) and others) called on African countries to stop cooperating with the ICC concerning warrants for the arrest of current officials and, finally, to totally withdraw from the Rome Statute of the ICC of 1998 because it believed that the Court is selective in its persecution of Africans only. Following this, three African countries (Burundi, the South African Republic and Gambia) announced in 2016 that they intend to withdraw from the Rome Statute. However, the South African Republic and Gambia did not do this due to internal political situation and pressure from the Western countries, and only Burundi withdrew from the 1998 Rome Statute on October 27, 2017. Besides, the African Union initiated the establishment of the International Criminal Chamber within its regional court — the African Court of Justice and Human Rights (Malabo Protocol of 2014); the authors believe it to be the reaction of the African countries to the activities of the ICC. Based on their research, the authors suggest reforming the International Criminal Court to ensure its independence and impartiality in fighting international crimes and impunity, as well as developing regional criminal justice in Africa.
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Chore, Timonah. "Reconceptualising the Right to a Clean and Healthy Environment in Kenya." Strathmore Law Review 4, no. 1 (June 1, 2019): 71–88. http://dx.doi.org/10.52907/slr.v4i1.110.
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States around the world are progressively protecting environmental rights. The Constitution of Kenya 2010 provides for environmental rights under Articles 42, 69 and 70. However, this study argues that there is need to reconceptualise the right to a clean and healthy environment as established under Article 42, as the right is geared towards human utility rather than intrinsic environmental protection. Thus, the right is shrouded with anthropocentric concerns which may be construed as insufficient in the protection of natural resources, ecosystems and other non-human species for their ecological and intrinsic value. Accordingly, the study examines the right to a clean and healthy environment as envisaged in the Constitution of Kenya 2010 and, from that context, assesses the efficacy of anthropocentric environmental rights in environmental conservation highlighting the potential challenges faced in their implementation. As a way forward, the study recommends bicentric environmental rights as an alternative to anthropocentric environmental rights. The study realises its objectives through the use of case law and literature review.
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Aridi, Vicky. "Finding a Legal Balance between the Right to Strike and Right to Education in Kenya." Strathmore Law Review 5, no. 1 (August 1, 2020): 85–109. http://dx.doi.org/10.52907/slr.v5i1.119.
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The teachers’ right to strike and the children’s right to education are both essential rights recognised by national and international laws in Kenya. Despite this fact, there are instances where conflicts arise between these two rights. The courts have a mandate to balance competing human rights in instances of conflict. However, whenever there has been a conflict between the two rights, Kenyan courts have issued injunctions that require public-school teachers to suspend their strike. By doing so, the courts are leaving the teachers with no effective alternative mechanism to address their pertinent needs. The question of how a balance between the teachers’ right to strike and the children’s right to education in Kenya can be attained is thus an essential concern that is at the focal point of this paper. In a bid to address this question, Kenya’s Constitution, Children’s Act, Labour Relations Act, and case law from the Court of Appeal; namely, TSC v KNUT & 3 others, are analysed to reveal Kenya’s position on the two rights and the various balancing approaches available.
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Nzomo, Maria. "The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities." Issue: A Journal of Opinion 22, no. 2 (1994): 17–20. http://dx.doi.org/10.1017/s0047160700501875.
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This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.
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Nanima, Robert Doya. "The right to education of the refugee girl affected by armed conflict in Kenya: insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child." Law, Democracy and Development 25, spe (November 29, 2021): 1–27. http://dx.doi.org/10.17159/2077-4907/2020/ldd.v25.spe6.
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The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation of all human rights violations cannot be done comprehensively. This article takes a thematic turn and evaluates the aspects of the right to education of the refugee girl child. It sets the tone by reflecting on the normative framework of the right to education of the refugee child at the international, regional and national levels. This is followed by a discussion of the violation of this right in situations of conflict and host States like Kenya. Drawing on the jurisprudence of the African Committee on the Rights and Welfare of the Child, insights on the improvement of the enjoyment of this right are engaged. A conclusion and recommendations follow.
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Nissen, Aleydis. "Trade with the EU, Variable Geometry and Human Rights in the EAC." Milan Law Review 2, no. 2 (February 22, 2022): 103–23. http://dx.doi.org/10.54103/milanlawreview/17394.
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The Economic Partnership Agreement between the East African Community (EAC) and the European Union (EU) is of particular importance for the Kenyan floriculture sector. While the other EAC Partner States remain reluctant to ratify this agreement, they allowed the Republic of Kenya to start its implementation under the principle of variable geometry in June 2021. Kenya and the EU then started a strategic dialogue in which they pledged to strengthen their cooperation on human rights issues. This article identifies two priorities for floriculture workers: Kenya’s ratification of the core labour rights Convention No. 87 on the Freedom of Association and Protection of the Right to Organise and the broadening of an enabling space for an active, organised and transparent civil society.
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Mbondenyi, Morris Kiwinda. "Entrenching the Right to Participate in Government in Kenya's Constitutional Order: Some Viable Lessons from the African Charter on Human and Peoples' Rights." Journal of African Law 55, no. 1 (March 3, 2011): 30–58. http://dx.doi.org/10.1017/s0021855311000027.
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AbstractA practice of frequent constitutional amendments started shortly after Kenya attained her independence in 1963. Consequently, the country has witnessed a confusion of systems of governance, ranging from single-party autocracy to virtual multi-party democracy, which have served to endorse the chronic condition of human rights violations in the country. In the process of such experimentation, Kenyans have unabatedly been denied the enjoyment of many of their fundamental rights and freedoms, including the right to participate in their government. This article analyses Kenya's constitutional order with the intention of highlighting the extent to which the country's citizens have been denied the right to participate in their government. Drawing inspiration from the African Charter on Human and Peoples' Rights, the article recommends ways in which this right could be entrenched in the country's constitutional order.
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Kuria, Gibson Kamau, and Algeisa M. Vazquez. "Judges and Human Rights: The Kenyan Experience." Journal of African Law 35, no. 1-2 (1991): 142–73. http://dx.doi.org/10.1017/s002185530000841x.
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On 4 July, 1989 in Maina Mbacha v. Attorney General the High Court of Kenya appeared to remove itself from its role of enforcing the Bill of Rights of Kenya. The court ruled “inoperative” section 84 of the Constitution of Kenya which grants original jurisdiction to the High Court to enforce Fundamental Rights and Freedoms of the Individual, section 70–83 (inclusive) (Chapter V). The provision was deemed “inoperative” in Kamau Kuria v. Attorney General, and this was upheld shortly thereafter in Maina Mbacha when the High Court found that no rules of procedure had been enacted to enforce the Bill of Rights and dismissed for lack of jurisdiction. Indeed, in the latter case the court dismissed the application for lack of jurisdiction even though the case was before the court by virtue of the constitutional grant of “original unlimited jurisdiction”. As a matter of established law, the court can be approached by any available procedure when ruling to enforce established constitutional rights. Ordinary rights can be defeated for failure to follow procedure, but historically, procedural requirements often defer to constitutionally granted rights. Once the Bill of Rights was enacted in the Constitution, its enforcement became supreme to all other law, including procedural rules, for the supremacy clause of the Kenya Constitution states: “… if any other law became inconsistent with this Constitution, this Constitution shall prevail and the other law shall to the extent of the inconsistency be void”
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Mwanza, Rosemary. "Chinese Foreign Direct Investment and Human Rights in Kenya: A Mutually-Affirming Relationship?" Strathmore Law Journal 2, no. 1 (April 30, 2021): 133–54. http://dx.doi.org/10.52907/slj.v2i1.18.
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Does the increase in Chinese foreign direct investment (FDI) inflows into Kenya portend doom for human rights in the country? The prominent narrative has been that FDI undermines human rights in host states, especially those in the developing world. This narrative is countered by claims that there exists a mutually affirming relationship between FDI and human rights. Proponents of this view posit that FDI facilitates the diffusion of human rights norms and correlates with the improved rule of law in host states. They also point to emerging human rights jurisprudence in international investment arbitration as evidence of a reciprocal relationship between FDI and human rights. In light of these arguments, this paper analyses the extent to which such a reciprocal relationship bears out between Chinese FDI and human rights in Kenya. It will be demonstrated that given the lack of a framework for human rights accountability for corporations at the international level, the restrictive treatment of human rights in international investment arbitration tribunals and weak institutional capacity in host states, a positive overlap between FDI and human rights is hardly a panacea for human rights protection in Kenya. Therefore, a synergy of legal measures and non-legal measures provide a pragmatic approach to insulate human rights from violations that may be associated with Chinese FDIs.
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Gallagher, Mehgan. "No Means No, Or Does It? A Comparative Study of the Right to Refuse Treatment in a Psychiatric Institution." International Journal of Legal Information 44, no. 2 (July 2016): 137–72. http://dx.doi.org/10.1017/jli.2016.16.
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AbstractAround the world, people with mental disabilities are subject to many types of behavioral therapies against their will, including medications and restraints. This is especially true of people who are institutionalized. These intrusions are in violation of fundamental international human rights principles. People with mental disabilities are often stripped of many of their basic rights, including the right to determine what is done to their bodies. This article compares the prevailing law on the right to refuse treatment for people with mental disabilities in an institutional setting in three different nations on three continents, specifically in the United States, Kenya, and Brazil.
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Omolo, Joseph. "Rethinking Patricia Asero Ochieng and Two Others v. The Attorney General and another." Journal of Intellectual Property and Information Technology Law (JIPIT) 1, no. 1 (June 4, 2021): 115–30. http://dx.doi.org/10.52907/jipit.v1i1.63.
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In 2012, the High Court of Kenya at Nairobi declared Section 2 of the Anti-Counterfeit Act (ACA) unconstitutional because its enforcement would limit access to affordable and essential drugs and medicines and thereby undermine the right to life, human dignity and health as guaranteed under the Constitution of Kenya. This case review revisits this important judgement by Justice Mumbi Ngugi with the aim of analysing it for legal soundness. Further, this review discusses the likely impact of the judgement on the fight against counterfeit drugs and access to drugs in Kenya. On the other hand, there will be a comparison between Kenyan legal system and some foreign laws. The review argues that the judge applied the wrong legal principles in making her determination, arriving at a legally flawed conclusion, thereby nullifying the balance between the rights of intellectual property rights owners and users as established under the Industrial Property Act.
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Mutungi, Stephen Kimathi, and Francis Mulu. "Counter-Terrorism Measures and Human Rights Protection in Kenya." International Journal of Current Aspects 5, no. 4 (November 17, 2021): 78–89. http://dx.doi.org/10.35942/ijcab.v5i4.212.
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Many counter-terrorism measures enacted by states have been criticized for violating human rights. This study sought to assess the Kenya’s counter-terrorism framework to ascertain whether the established counter-terrorism measures violate or adhere to the protection of human rights. The study adopted an exploratory research design to assess the counter-terrorism measures and alleged human rights violation in Kenya. The target population was the national security organs, counter-terrorism agencies, civil societies championing human rights protection, security enforcers and watchdog bodies. The sample of 200 respondents and informants was drawn from the National Assembly, Ministry of Interior and Coordination of National Government, the Kenya National Commission on Human Rights, the International Federation for Human Rights, UN Counter-Terrorism Centre and Amnesty International Kenya. A stratified and purposive sampling technique was employed in selecting the respondents and informants during the study. The findings of the study established various stick and carrot counter-terrorism strategies used by organizations, government and security apparatus in Kenya. These strategies are faced by a number of challenges. A number of these measures violate human rights. There are however, some counter terrorism strategies that uphold human rights. The counter-terrorism strategies that the government can adopt in respect of human rights to include youth empowerment and employment, enhance surveillance and intelligence gathering, stop renditions and use of force, proper investigations, uphold human rights and rule of law and public education, awareness and participation. The study recommends government to adopt counter-terrorism promote human rights protection. Further, the study recommends that the governments need to create public awareness and participation in counter-terrorism strategies and measures to build public confidence on its efforts to fight terrorism.
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Dinokopila, Bonolo Ramadi, and Rhoda Igweta Murangiri. "The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation." African Journal of International and Comparative Law 26, no. 2 (May 2018): 205–26. http://dx.doi.org/10.3366/ajicl.2018.0228.
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This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.
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Matu, Doris. "Walking the Tight Rope: Balancing the Property Rights of Individuals with the Right to Housing of Informal Settlers." Strathmore Law Review 1, no. 2 (June 1, 2016): 95–118. http://dx.doi.org/10.52907/slr.v1i2.78.
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The Constitution of Kenya, 2010 provides for the right to property in Article 40. Further, in Article 43 (1)(b), it provides for the right to accessible and adequate housing. The purpose of this article is to show the conflict that arises between the right to property for owners of land and the right to housing of the informal settlers living on these privately owned lands. The main objective is to investigate the concept of illegal forced evictions and the legal framework that surrounds the practices that render such evictions against the principle of human dignity and the right to accessible and adequate housing in the context of informal settlements. The 2010 Constitution states that every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom. This renders important the concern that arises when persons informally settle onto land that they have no legal title to; what is the balance to be maintained between property rights and housing rights as provided for in the Bill of Rights.
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Mujuzi, Jamil Ddamulira. "The Islamic Law of Marriage and Inheritance in Kenya." Journal of African Law 65, no. 3 (October 2021): 377–401. http://dx.doi.org/10.1017/s0021855321000346.
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AbstractArticle 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.
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Bunce, C. "Doctors involved in human rights' abuses in Kenya." BMJ 314, no. 7075 (January 18, 1997): 165. http://dx.doi.org/10.1136/bmj.314.7075.165c.
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Onyango, Sarah, and Cynthia Mugo. "Highlighting Human Rights Violations: The Mock Tribunal on Abortion Rights in Kenya." IDS Bulletin 39, no. 3 (July 2008): 40–46. http://dx.doi.org/10.1111/j.1759-5436.2008.tb00460.x.
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Gitiri, Jennifer. "Progressive Nature of Social and Economic Rights in Kenya: a Delayed Promise?" Constitutional Review 6, no. 1 (June 2, 2020): 133. http://dx.doi.org/10.31078/consrev615.
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This paper evaluates the steps taken towards the progressive realization of social and economic rights (SER) in Kenya. It aims to provide a better understanding of SER and the obligations of the state under international, regional, and national law. It further elucidates the components of progressive realization. Additionally, it identifies the guiding principles of measuring progressive realization and recommendations to develop tools that would monitor progressive realization. Recognition of SER faces many challenges as they are considered as second class rights that are not equal to civil and political rights considered as first-generation rights. The most enduring challenge for SER is that it interferes with the concept of the separation of powers and the political question doctrine by enabling courts to interfere in matters considered to be under the purview of the legislative and executive branch. The paper uses a desktop review of international, regional, and national legal instruments as well as comparative evaluation of SER jurisprudence from a host of jurisdictions. The concept of progressive realization is a goal in the ICSECR, Kenya’s Constitution, and other Constitutions with the implication that SER would be implemented over a period of time. Jurisprudence from other jurisdictions is evaluated to determine the lessons learned by Kenya. The paper demonstrates that progressive realization and implementation of SER are still work in progress before they are finally anchored into mainstream human rights, just like political and civic rights. In conclusion, progressive realization of SER imports an immediate obligation by Kenya having ratified the three human right bodies (ICSECR, UNCRC, and CRPWD) pursuant to Article 2(5)(6) of the Constitution to expeditiously move towards the realization of SER. There is a further presumption that the country would refrain from retrogressive measures and instead adopt the minimum content approach in the implementation of SER.
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Ashamu, Elizabeth. "Centre for Minority Rights Development (Kenya) and Minority Rights Group International on Behalf of Endorois Welfare Council v Kenya: A Landmark Decision from the African Commission." Journal of African Law 55, no. 2 (September 14, 2011): 300–313. http://dx.doi.org/10.1017/s0021855311000155.
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AbstractThis is the first judgment from the African Commission on Human and Peoples' Rights to address the rights of indigenous peoples and their claims to land and natural resources. It is also the first ruling by an international tribunal which finds a violation of the right to development. The Commission examined the Kenyan government's eviction of the indigenous Endorois community from their ancestral land around Lake Bogoria to establish a game reserve. Finding violations of the rights of the Endorois to religion, culture, property, natural resources and development, the Commission called for the recognition of Endorois ownership of their ancestral land and its restitution to the community. This case note describes the Commission's legal analysis of the Endorois case and explains how the decision establishes an important precedent for ensuring equity and participation in natural resource management and development on indigenous lands.
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Jadeed, Moza, Attiya Waris, and Celestine N. Musembi. "The application of Islamic inheritance law in independent and contemporary Kenya: A Muslim’s right to equality and freedom from discrimination." Africa Nazarene University Law Journal 8, no. 1 (2020): 30–64. http://dx.doi.org/10.47348/anulj/v8/i1a2.
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This article argues that the observance of Islamic inheritance law (IIL) by Muslims in Kenya while the rest of the citizens employ a universal inheritance law is legitimate. It is within the Muslims’ right to equality and freedom from discrimination both under the now-repealed 1963 independence Constitution and the present Constitution of Kenya 2010. Through analysis of previous works, cases (local and foreign), statutes, international human rights instruments, international consensus documents, other international agreements, in-depth interviews and focus group discussions, the article justifies the application of IIL in the country. It also conducts a thematic reading of the Qur’an, the Muslim Holy Book and the primary source of Islamic law, to demonstrate that IIL is a matter of exceptional importance to Muslims and therefore deserves accommodation in the Kenyan legal system under the right to equality and freedom from discrimination. The article, therefore, allays fears and misconceptions that the recognition of IIL in the country’s normative structures gives Muslims special treatment, makes them lucky and/or disunites Kenyans. Instead, it shows that such an arrangement is lawful and aligns with the principle of separation of the state and religion. It also makes Kenya inclusive and cohesive as it respects the rights of all its citizens, including the minorities. And because the enjoyment of this right is personal, the article highlights that the hesitance by other minority groups (locally and abroad) to assert it during their countries’ lawmaking or law reform processes does not estop Kenyan Muslims from doing it.
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Burbano-Herrera, Clara. "Examining High Rates of Preventable Maternal Mortality in Kenya: Could Provisional Measures be an Effective Tool to Guarantee Safe Pregnancy?" Journal of African Law 61, no. 2 (June 2017): 197–225. http://dx.doi.org/10.1017/s002185531700016x.
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AbstractThis article analyses the barriers that expectant mothers face in accessing appropriate, quality medical services in Kenya, and investigates the potential for the regional African human rights adjudicator to use provisional measures (PMs) to protect expectant mothers. The article aims to explore whether PMs adopted by the African Commission on Human and Peoples’ Rights could be an appropriate legal tool to secure protection for expectant mothers who are dealing with obstacles in obtaining the medical services that they need. In that regard, this contribution suggests that the situation of certain expectant mothers in Kenya meets the two necessary conditions to grant PMs under the African Human Rights system: that the situation is urgent and the measures are necessary to prevent irreparable damage. It suggests that, following the tendency of other international human rights bodies, the Commission has the potential to play a relevant role in the context of maternal mortality.
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Gillies, David. "Human Rights, Governance, and Democracy: The World Bank's Problem Frontiers." Netherlands Quarterly of Human Rights 11, no. 1 (March 1993): 3–24. http://dx.doi.org/10.1177/016934419301100102.
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This article examines the case for and against applying political conditions to World Bank lending, the circumstances that might trigger such conditions, and the means by which they may be applied. It also surveys the genesis and diverse meaning of the ‘good governance’ agenda and briefly examines how the Bank responded to human rights abuses in China and Kenya.
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Mikinyango, Asha, and Judith Nguru. "Law Schools as Legal Aid Providers in Kenya: Challenges and Lessons Learnt from Practice." International Journal of Clinical Legal Education 28, no. 2 (October 22, 2021): 117–48. http://dx.doi.org/10.19164/ijcle.v28i2.1185.
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Legal aid is the provision of free or subsidized legal services to mainly poor and vulnerable people who cannot afford advocate fees. The right to legal aid is well rooted in the international, regional human rights treaty framework to which Kenya party. The provision of legal aid addresses the concerns of the poor and vulnerable by focusing on challenges that foil access to justice. In recognition of this, the Government of Kenya promulgated the Legal Aid Act, 2016 establishing the National Legal Aid Service to provide legal aid services to needy, marginalized, and vulnerable persons. This was a very important move, propelling the Government to prioritize legal aid provision as a right as well as a necessity for promotion of rule of law and access to justice. However, it is imperative to understand that the duty does not squarely fall on the State alone. There is need for non-state actors’ support from private entities like law firms, NGOs, Law schools and any other qualified legal personnel. Without a doubt, several non-state actors are actively offering free or subsidized legal aid and the purpose of this paper is to look at the lessons faced by a non-state actor from the experience of the authors organizing and running events to offer free legal aid. This includes expounding on challenges faced such as constrained funding, language barrier, illiteracy, and ignorance of legal rights. The punchline here is that there is room for all stakeholder to come together and forge a way forward for an improved legal aid framework in Kenya.
Keywords: Law schools, Legal aid clinics, Legal aid, Free legal services, Kenya, access to justice, rule of law.
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Ligami, Christabel. "KELIN: defending human rights of people with HIV in Kenya." Lancet HIV 7, no. 6 (June 2020): e388. http://dx.doi.org/10.1016/s2352-3018(20)30145-4.
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Viljoen, Frans. "Special focus." African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–7. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a50.
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This edition of the African Human Rights Law journal starts with a 'Special focus' on the 'Forty years of the African Charter on Human and Peoples' Rights: Honouring the memory of Christof Heyns'. The African Charter on Human and Peoples' Rights (African Charter) was adopted by the OAU Assembly of Heads of State and Government in Nairobi, Kenya, on 27 June 1981 - forty years ago in 2021. The 'special focus' marks this milestone. It also pays tribute to a baobab on the landscape of international human rights law, Professor Christof Heyns.
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Mujuzi, Jamil Ddamulira. "Extradition Between European and African Countries: Overcoming the Challenges." European Criminal Law Review 11, no. 3 (2021): 288–319. http://dx.doi.org/10.5771/2193-5505-2021-3-288.
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Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.
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Junior, Ratemo Tom. "Intensifying legal protection against human rights violations in the Covid-19 era: A case study of Kenya, Uganda and Tanzania." Journal of Comparative Law in Africa 7, no. 2 (2020): 90–122. http://dx.doi.org/10.47348/jcla/v7/i2a4.
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The coronavirus pandemic has, since its outbreak in late 2019, not only caused a global health care crisis but has also had a negative impact on the exercise of social, economic, cultural and political rights. Vulnerable and marginalised groups in Kenya, Uganda and Tanzania are among the worst affected. To respond to the crisis, the three East African countries imposed several measures aimed at curtailing the spread of the disease, which included a mandatory 14 days of self-quarantine for persons arriving from abroad; the closure of borders, religious and educational institutions; the suspension of international and domestic flights; the suspension of public court proceedings and gatherings; the imposition of a dusk to dawn curfew; and the restriction of people’s movement in certain areas. All these measures in one way or another affect the exercise of fundamental human rights. In the past few months, the number of reported cases of human rights violations has been escalating. This article seeks to highlight the three states’ practice of avoiding the ‘naming, shaming and prosecuting’ of perpetrators of human rights violations during the coronavirus pandemic. It also exposes instances of human rights violations in Kenya, Uganda and Tanzania during the pandemic. In addition, the paper proposes measures to be undertaken to intensify legal protection against human rights violations during the coronavirus pandemic. Finally, the paper explores the elusive option of making the top state officials legally accountable for individual human rights violations.
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Kuria, Milka Wahu, and Shelmith Gatwiri Maranya. "The legal impunity for gender-based violence against intersex, transgender, and gender diverse persons in Kenya: A legal recognition issue for the African human rights system." Stellenbosch Law Review 33, no. 1 (2022): 100–122. http://dx.doi.org/10.47348/slr/2022/i1a5.
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In 2019, a judge of the Supreme Court of Kenya issued a public apology to an intersex person for a decision the court handed down in 2010. The judge regretted the court’s failure to appreciate the identity and human rights needs of intersex persons in that case. R.M. had petitioned the High Court for redress due to the sexual, psychological, and emotional abuse he had suffered while detained at the state correctional facilities. This case highlighted the various forms of violence that intersex, transgender, and gender diverse persons (“ITGDPs”) experience on account of their gender identity. Studies reveal that gender-based violence against ITGDPs in Kenya is intricately conjoined with a lack of socio-cultural and legal recognition of their gender identities. The exclusion engenders pervasive violence by state actors and private individuals. Despite the growing use of public interest litigation (“PIL”) as a mechanism for pursuing the goals of legal recognition and social, economic, and political emancipation of ITGDPs in Kenya, there is scant improvement in policy and practice. The same lacuna obtains in the African human rights mechanisms. The apology, the research findings and the unyielding PIL create the appropriate occasion for a critical examination of the effects of the assumption on synonymy and binarism of gender and sex espoused by the national and the African human rights system, on sexual and gender-based violence (“GBV”) against ITGDPs in Kenya. This article analyses the nexus and how a lack of legal recognition of ITGDP gender identities and expression aggravates sexual and GBV against the group against the backdrop of the African human rights system.
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Adar, Korwa G. "The Clinton Administration and Africa: A View from Nairobi, Kenya." Issue: A Journal of Opinion 26, no. 2 (1998): 70–74. http://dx.doi.org/10.1017/s0047160700502984.
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There is nothing more fundamental to Africans who are concerned with the future of the African continent than the issues of democracy, human rights, good governance, and the rule of law. These basic human liberties, among other concerns, constitute the central driving force behind what is often referred to as Africa’s “second liberation.” The primary purpose of this article is to assess the Clinton administration’s role in this second liberation, particularly in terms of its involvement in issues of democracy and human rights. This assessment is offered from the perspective of an individual who has been directly involved in the prodemocracy and human rights movement in Kenya. This article focuses on whether the Clinton administration’s policies are still heavily influenced by classic U.S. conceptions of realpolitik, or if enlightened leadership more in line with a neo-Wilsonian idealpolitik—as official rhetoric suggests—has permitted a fundamental departure in favor of a more coherent and tangible democracy and human rights foreign policy stance in the post-Cold War era.
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Fokala, Elvis, and Lilian Chenwi. "Statelessness and Rights: Protecting the Rights of Nubian Children in Kenya through the African Children’s Committee." African Journal of Legal Studies 6, no. 2-3 (March 21, 2014): 357–73. http://dx.doi.org/10.1163/17087384-12342036.
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Abstract The question of statelessness is an incessant challenge in Africa. Stateless persons are often denied basic human rights due to lack of a nationality. The situation of children in Kenya – that are of Nubian descent – is illustrative of the plight faced by stateless persons. The African Committee of Experts on the Rights and Welfare of the Child has attempted to address this challenge in its first decision, made public in 2011. This article considers this decision, analysing its strengths and weaknesses as well as the potential impact of the decision.
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Sing'Oei, Korir. "Engaging the Leviathan: National Development, Corporate Globalisation and the Endorois' Quest to Recover their Herding Grounds." International Journal on Minority and Group Rights 18, no. 4 (2011): 515–40. http://dx.doi.org/10.1163/157181111x598390.
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AbstractThis article examines in detail the recent landmark decision of the African Commission on Human and Peoples' Rights in Centre for Minority Rights Development & Minority Rights Group (on behalf of the Endorois) v. Kenya. In particular, the article analyses the extent to which the Commission has given a new and more "African" life to indigenous peoples' human rights in the continent. While engaging in a juridical exposition of various rights germane to indigenous groups within the African Charter on Human and Peoples' Rights, the article places this discourse in the context of globalisation whose (re)shaping of the state power has placed non-state corporations at the centre of development intervention with deleterious effects on insular groups.
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Kimeli Cheruiyot, Thomas, and Loice Chemngetich Maru. "Corporate human rights social responsibility and employee job outcomes in Kenya." International Journal of Law and Management 56, no. 2 (March 4, 2014): 152–68. http://dx.doi.org/10.1108/ijlma-01-2013-0002.
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Purpose – The purpose of this paper is to identify dimensionality and evaluate effect of corporate human rights social responsibility (CHRSR) on employee job outcomes among three leading Kenya's horticultural exporters based in Naivasha, Kenya. Design/methodology/approach – Exploratory and explanatory survey was utilized on a sample of 450 employees selected using a multistage sampling technique. Structured questionnaire was used to extract both nominal and ordinal data, the latter's items were anchored on a five-point Likert scale. Descriptive, principal component analysis (PCA) and multiple regression was used to analyze the data. Findings – PCA of 32 items representing CHRSR yielded ten components while that of employee job outcomes yielded seven components reflecting the multidimensional nature of the constructs. Results showed that the selected firms have largely satisfied both HR and moral expectations. Regression results showed generally significant effect of CHRSR on employee job outcomes such as employee retention, satisfaction, commitment and pride. Research limitations/implications – A business case for CHRSR exists. This implies that compliance with the law, adoption of HR-related corporate social responsibility (CSR) is critical in enhancing employee job outcomes and overall organization performance. Originality/value – The study integrates CSR and HR into CHRSR. It demonstrates its multidimensional nature and utilizes statistical analysis to explore its relationship with employee job outcomes in an African export sector context and argues that CSRHR is more critical in Africa than more regulated contexts.
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Baehr, Peter, Hilde Selbervik, and Arne Tostensen. "Responses to Human Rights Criticism: Kenya―Norway and Indonesia―the Netherlands." Human Rights in Development Online 2, no. 1 (1995): 57–87. http://dx.doi.org/10.1163/221160895x00051.
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Masinde, Michael Wabomba, and Anne Anyango Rasowo. "Monitoring and addressing human rights violations by transnational corporations in Kenya." International Journal of Human Rights and Constitutional Studies 3, no. 3 (2015): 266. http://dx.doi.org/10.1504/ijhrcs.2015.072486.
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Cerone, John. "African Commission on Human and Peoples’ Rights: Centre for Minority Rights Development (Kenya) & Minority Rights Group International on Behalf of Endorois Welfare Council v. Kenya." International Legal Materials 49, no. 3 (June 2010): 858–906. http://dx.doi.org/10.5305/intelegamate.49.3.0858.
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Khamala, Charles A. "‘When Rescuers become Refoulers: Closing Kenya’s Refugee Camps amid Terrorism Threats’ and leaving vulnerable groups out in the cold." Africa Nazarene University Law Journal 8, no. 1 (2020): 1–29. http://dx.doi.org/10.47348/anulj/v8/i1a1.
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Kenya’s counter-terrorism measures, following entry into Somalia, relocated refugees to designated camps. However, by violating a refugee’s freedom of movement, mass relocation contravenes the African Charter on Human and Peoples’ Rights (ACHPR). Regional jurisprudence informed the Kenyan High Court’s Kituo cha Sheria v Attorney General decision holding that mass refugee relocation is indeed refoulement. It necessarily discriminates, punishes disproportionately, and may amount to a ‘failure to protect’ refugees against torture, a crime against humanity. However, the United Nations Convention Relating to the Status of Refugees (Refugees Convention) merely prohibits hosts from returning escapees to countries where they are targeted for persecution. Conversely, refugees who are either reasonably regarded as threatening national security or reasonably suspected of serious crimes are deemed to ‘waive’ their non-refoulement right. Nonetheless, the court’s legal moralism insisted that states should prove ‘waiver’ and never torture refugees. Invoking an ‘individual criminality’ principle required proof of a refugee’s dangerousness. Suspects can furthermore not be condemned unheard. Therefore, establishing whether ‘mass waiver’ is possible, is problematic. Are blanket relocation directives justifiable simply because proving ‘reasonable belief’ of refugees committing terror acts or serious crimes are difficult? Although Samow Mumin Mohamed v Cabinet Secretary, Ministry of Interior Security and Co-Ordination condoned mass refugee relocation Refugee Consortium of Kenya v Attorney did not. Curiously, to clarify the ambiguity Kenya National Commission on Human Rights v Attorney Genera elevated the required standard of proof for ‘waiver’ under the Refugees Convention to one of ‘beyond reasonable doubt.’ Previously, in Coalition for Reform and Democracy (CORD) v Republic of Kenya legislative caps on refugee numbers were rejected. Subsequently, a new Refugee Bill (2019) proposes to legalise confining refugees to designated camps. This article applies common-law principles of the duty on rescuers to evaluate whether mass refugee relocation refoules.
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Kikechi, Ronald Werunga, Chepkwony Silas M. Kisebe, Kihumba Gitahi, and Oliver Sindabi. "THE INFLUENCE OF FREE PRIMARY EDUCATION ON KENYA CERTIFICATE OF PRIMARY EDUCATION PERFORMANCE IN KENYA." Problems of Education in the 21st Century 39, no. 1 (March 5, 2012): 71–81. http://dx.doi.org/10.33225/pec/12.39.72.
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The origin of Free Primary Education (FPE) can be traced back to the 1948 Declaration of Human Rights where basic education was recognized as a human right. The current FPE programme was launched in 2003 and it led to an overwhelming enrolment of pupils at the primary level of education. Such a soaring enrolment is feared to have compromised the Kenya Certificate Primary Education (KCPE) performance, which is a key indicator of quality education. The study therefore aimed at determining the influence of high enrolment on; the ability of teachers to offer quality instruction; learning resources; management of pupils’ discipline and suggestion on how to improve FPE in light of KCPE performance. The paper assessed FPE on KCPE performance in Kaptama Division, Mt. Elgon District, Kenya. The researcher used descriptive survey design. A sample of 310 respondents consisting of 253 standard eight pupils, 40 teachers, 13 head teachers and 4 education officers was used. The main tools of data collection were a questionnaire and interview schedule. Document analysis was also used in the study. Data analysis involved the use of frequencies, percentages, tables, chart, graphs and description. The findings of the study established that implementation of FPE led to high enrolment which witnessed high pupil - teacher ratio and ill-discipline among pupils. It has also led to inadequate learning facilities (classrooms, desks and chairs), fewer tests for pupils which lack in content and depth and increased work load among teachers. This has in turn compromised KCPE performance. Constant inspection should be carried out by the Ministry of Education for the success of the programme. Key words: free primary education, assessment, Kenya Certificate of Primary Education.
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Press, Robert M. "Individual and Organizational Human Rights Activism in Liberia, Sierra Leone, and Kenya." Journal of Human Rights 12, no. 4 (October 2013): 447–68. http://dx.doi.org/10.1080/14754835.2013.812466.
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Gruskin, Sofia, Kelly Safreed-Harmon, Tamar Ezer, Anne Gathumbi, Jonathan Cohen, and Patricia Kameri-Mbote. "Access to justice: evaluating law, health and human rights programmes in Kenya." Journal of the International AIDS Society 16 (November 2013): 18726. http://dx.doi.org/10.7448/ias.16.3.18726.
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Wanjiku Mung’ala, Lucy, and Anne de Jong. "Health and Freedom: The Tense Interdependency of HIV/AIDS Interventions and LGBTIQ Activism in Kenya." Kohl: A Journal for Body and Gender Research 6, Summer (June 1, 2020): 133–51. http://dx.doi.org/10.36583/2020060114.
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In recent decades in Kenya, public health interventions to address the HIV vulnerability of sex workers and men who have sex with men have been accompanied by a rise in gender and sexual minority (hereby also interchangeably referred to as LGBTIQ) activist initiatives that frame access to healthcare, legal recognition, and social acceptance as a human right. Complementing long-term engagement and ethnographic research among sexual minorities in Kenya, in addition to fieldwork stints between 2016-2018, the authors analyzed online statements regarding priorities and strategies of LGBTIQ organizations (local and global) and legal case files. We examine one case in which transgender and intersex plaintiffs objected to the name and mission of an NGO working towards equality and full inclusion of sexual and gender minorities because it incorporated the words gay and lesbian while applying for its official registration and it would include trans and intersex in the organization’s mission. As such, the politics of naming, identity, and representation are neither new nor exclusive to Kenyan LGBTIQ activism. This case and related files reflect the everyday interactions of groups with seemingly conflicting goals, showing them to be part of a rich, connected “niche activist” scene. Rather than take this as a rigid split between activist organizations, we argue that these tensions are historically rooted in – and form a microcosm of – the politics of the global NGOization of both healthcare access and human rights advocacy in Kenya.
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Nanima, Robert D. "THE LEGAL STATUS OF EVIDENCE OBTAINED THROUGH HUMAN RIGHTS VIOLATIONS IN UGANDA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 8, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a727.
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The Constitution of the Republic of Uganda, 1995 (Constitution of 1995) is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the Constitutions 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture inadmissible. This means that evidence obtained through human rights violations, other than torture is not covered by any other legislation in Uganda. The position is different in other common law jurisdictions such as South Africa, Kenya and Zimbabwe, which have constitutional provisions on how to deal with evidence obtained through human rights violations. Decisions handed down by the Courts are inconsistent in dealing with this kind of evidence. This comparative study coupled with Uganda’s international human rights obligations delves into this lacuna in the law and gives proposals for reform.
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Mubangizi, John C., and Prenisha Sewpersadh. "A Human Rights-based Approach to Combating Public Procurement Corruption in Africa." African Journal of Legal Studies 10, no. 1 (August 18, 2017): 66–90. http://dx.doi.org/10.1163/17087384-12340015.
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Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice – especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries. Corruption occurs in both the public and private sectors and affects human rights by deteriorating institutions and diminishing public trust in government. Corruption impairs the ability of governments to fulfil their obligations and ensure accountability in the implementation and protection of human rights – particularly socio-economic rights pertinent to the delivery of economic and social services. This is because corruption diverts funds into private pockets – impeding delivery of services, and thereby perpetuating inequality, injustice and unfairness. This considered, the focus of this paper is on public procurement corruption. It is argued that by applying a human rights-based approach to combating public procurement corruption, the violation of human rights – particularly socio-economic rights – can be significantly reduced. Through a human rights-based approach, ordinary people can be empowered to demand transparency, accountability and responsibility from elected representatives and public officials – particularly those involved in public procurement. In the paper, reference is made to selected aspects of the national legal frameworks of five African countries: South Africa, Uganda, Kenya, Nigeria and Botswana.
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Khamala, Charles Alenga. "Oversight of Kenya’s Counterterrorism Measures on Al-Shabaab." Law and Development Review 12, no. 1 (January 28, 2019): 79–118. http://dx.doi.org/10.1515/ldr-2018-0010.
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Abstract Citing comparative US, UK and European jurisprudence, this article proposes a pre-inchoate offence to punish terror suspects at the African Court of Justice and Human Rights. It traces the Kenya government’s twenty-first-century responses to distorted jihad fundamentalism culminating in the current escalating pogroms. Coercive executive counterterrorism responses make exceptions to universal human rights enshrined under liberal democratic constitutions and international instruments. Yet the legality principle constrains the use of pre-inchoate offences. Hence civil society’s resistance delayed the enactment of Kenya’s Prevention of Terrorism Act. Moreover, the Constitutional Court subsequently struck out as ‘vague and ambiguous’ the Security Law (Amendment) Act’s substantive provision which ‘presumed criminal intent for encouraging terror’. Procedurally, another dilemma arises. This concerns whether it is possible for an international terror suspect to have a fair domestic trial. Although ‘limited executive measures’ require some individuals to trade off their own liberties to safeguard the security of others, due diligence can prevent torture or targeted killings. Instead, following Kenyan ‘Operation Linda Nchi’s’ pre-emptive strikes since 2011, Al-Shabaab’s retaliation arguably spiralled into increased violations of the core human right to life. Enacting pre-inchoate offences instead deems Islamist terrorists, particularly secondary offenders, as rational actors. Using a ‘reverse harm thesis’ to justify the education of pre-inchoate offenders, I argue that regional criminal trials of terror suspects constitute better ‘effective oversight’ on human rights violations than executive, legislative or domestic judicial responses. Invoking ‘concurrent responsibility’ to prosecute Al-Shabaab suspects before the ACJHR can therefore facilitate AMISOM’s dignified ‘exit’ strategy from Somalia.
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Donno, Daniela, and Anne-Kathrin Kreft. "Authoritarian Institutions and Women’s Rights." Comparative Political Studies 52, no. 5 (September 10, 2018): 720–53. http://dx.doi.org/10.1177/0010414018797954.
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While dictatorships perform worse than democracies in respect for most human rights, a large number of autocracies have prioritized the advancement of women’s rights. We present a theory of authoritarian rights provision that focuses on the incentives for dictatorships to secure women’s loyalty, and we identify the particular capacity of institutionalized party-based regimes to supply—and capitalize from—women’s rights policies. Analyzing a comprehensive sample of authoritarian regimes from 1963 to 2009, we find that party-based regimes are associated with greater economic and political rights for women irrespective of whether they hold multiparty elections. A comparative exploration of authoritarian Uganda, Tanzania, and Kenya sheds further light on these findings and examines alternative explanations. Our account of women’s rights as a tool of autocratic party coalition-building contrasts with the provision of civil and associational rights—so-called “coordination goods”—which represents a concession to the opposition and tends to accompany liberalization.
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Mutung’u, Grace. "The United Nations Guiding Principles on Business and Human Rights, Women and Digital ID in Kenya: A Decolonial Perspective." Business and Human Rights Journal 7, no. 1 (February 2022): 117–33. http://dx.doi.org/10.1017/bhj.2021.60.
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AbstractInspired by the Sustainable Development Goals (SDGs), the international development community is driving digital ID programmes in low and middle income countries (LMICs) such as Kenya. Kenya has had experience with state-issued identity registration such as that proposed in digital ID programmes for over a century. Identity registration has gendered impacts, stemming from the historical exclusion of women in the system, lack of recognition of their contribution to new uses of the system, as well as lack of engagement with women regarding remedies. Digital ID risks continuing and exacerbating these injustices, as it is based on the existing system. This article uses the ‘protect, respect, remedy’ framework of the United Nations Guiding Principles on Business and Human Rights to analyse how decolonial approaches could be applied in digital ID to untangle it from colonial legacies, check the ever-increasing power of businesses involved in digital ID systems, and broaden intersectional understanding of human rights.
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van de Loo, Elsa. "Influence of privatization of water delivery on access to the right to water in Kenya." Water Policy 13, no. 2 (December 22, 2010): 208–19. http://dx.doi.org/10.2166/wp.2010.071.
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This article analyses the influence of privatization of water resources on access to the right to water in Kenya. It is premised on the belief that water is a fundamental human right and must not be seen as a social or economic good. Attention will be given to national-, regional- and international legislation and proposals on the right to water, water as a human right and the privatization of water resources. This article is based on literature study and interviews.
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R Sircar, Neiloy, and Allan A Maleche. "Perspectives on HIV Self-Testing Among Key and Affected Populations in Kenya." African Health Sciences 22, no. 2 (July 29, 2022): 37–45. http://dx.doi.org/10.4314/ahs.v22i2.5.
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Background: Kenya’s Key and Affected Populations (KAP) – men who have sex with men (MSM), female sex workers, people who inject drugs (PWID), and young women aged 18-24 – often experience stigma and discrimination in Kenyan health care settings due to their identity and/or behaviors, which can deter facility-based testing for HIV. Kenya has promoted self-testing as a means to reach these communities.
Objectives: To identify KAP perspectives on self-testing and place our findings within Kenya’s human rights and legal context.
Methods: We conducted 4 focus group discussions (FGD) and 16 in-depth interviews (IDI). One FGD was conducted with each of the following communities: MSM, female sex workers, PWID, and young women aged 18-24. 1-4 IDI were conducted with each KAP community, and 1-3 IDI were conducted with health professionals working on HIV care in each study site. The semi-structured question guideline included one question soliciting opinions on self-testing.
Results: KAP support self-testing in concept, however prevailing concerns among participants included access to pre- and posttest counseling services, as well as risk for harms (self-inflicted and otherwise) that might result from a positive result.
Conclusion: Kenya should ensure that human rights are promoted and respected through implementing rights-based policies and practices for HIV self-testing, including pre- and post-test counseling.
Keywords: Human Rights; HIV; Voluntary Counselling; Testing.
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Sitienei, Shadrack Kipkoech, and James Kiptum Chumba. "Human Rights Conditions of IDPs in Kenya: The Case of 2007/8 Post Election Violence Victims in Kenya." International Journal of Scientific and Research Publications (IJSRP) 10, no. 4 (April 6, 2020): p10019. http://dx.doi.org/10.29322/ijsrp.10.04.2020.p10019.
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Nzomo, Maria. "The Status of Women's Human Rights in Kenya and Strategies to Overcome Inequalities." Issue: A Journal of Opinion 22, no. 2 (1994): 17. http://dx.doi.org/10.2307/1166727.
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