HUMAN RIGHTS Justice

The Supreme Court of Kenya’s contribution to human rights protection: progressive or retrogressive? A critical inquiry

by admin on | 2024-12-30 07:50:47 Last Updated by admin on 2025-01-05 02:15:07

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At the apex of the judicial architecture of Kenya’s transformative charter, is the Supreme Court. A jurisprudential yardstick. Key among its obligations, is the protection of human rights and the rule of law. More particularly, considering Kenya’s checkered human rights history, taking stock of this Court’s contribution to its promotion or otherwise, is momentous. Its appreciation and development of the Bill of Rights is instructive. This paper shall evaluate the extent that the Supreme Court has promoted and upheld fundamental Human Rights and the factors that hinder its full protection and realization. 2.0 The Winds of Change: The Hits and Highs Twelve (12) Years Later Under the repealed constitution, the Bill of Rights was domiciled under Chapter Five. Its application, was a mixed bag of achievements ranging from suppression to spirited attempts to give it life. Notable among its low moments, was the proclamation of its unenforceability due to absence of procedural rules.1 The promulgation of the Constitution of Kenya, 2010 ushered a new dawn. Riding the crest of this new-found social contract, was a revamped Bill of Rights and establishment of the Supreme Court. Twelve (12) years later, following its implementation, Kenya has re-written its story. However, as is customary of any story, critique offers a chance of reflection. A celebration of the highs and lows as well as charting a path for the foreseeable future. First, plugging in the ugly hole in the motif of our jurisprudential fabric, the Constitution as a transformative charger is progressive and decrees its manner of interpretation and implementation. Nonetheless, for good order, and perhaps with the benefit of hindsight, we enacted the Mutunga Rules. This has been the basis for the judicial interpretation and implementation of fundamental human rights. With it, previously unprecedented floodgates opened, the judicial circles witnessed a quest for redress from all quotas. As a result, in protecting Human Rights, the Supreme Court has developed indigenous jurisprudence which bind all courts of the land. It is still work in progress of this progressive implementation... Read More