Assessing the Effectiveness and Independence of the Kenya National Commission on Human Rights: 2003-2010

Abstract

Basic human rights under Kenyan law are specified in chapter IV of the new Constitution I. Contravention or denial of such rights constitutes a violation enforceable primarily through the High Court of Kenya'. Prior to the adoption of the new constitution, there was no express provision in the independence constitution providing for a national institution for promotion and protection of fundamental rights and individual freedoms. It was presupposed that in adjudication on disputes over the scope of human rights, the High Court would also act as a defender and promoter of human rights, but constitutional jurisprudence over the years has been skewed to a narrow rather than a wide and robust judicial approach towards human rights:', Promotion of human rights was subordinated to the preservation of public security and order, which the State used as a justification for derogation from protection of fundamental rights and individual freedoms".