The Justice Sector and the Rule of Law in Kenya

Abstract

The study’s main findings are that: • Kenya has made good progress towards realising the rule of law, especially since 2003. This progress is evidenced by a more robust human rights’ enjoyment context, the establishment of the Kenya National Human Rights and Equality Commission, the establishment of the National Commission on Gender and Development and the revamping of the Law Reform Commission, among others. • More recently, the establishment in 2008 of a National Cohesion and Integration Commission and of a Truth, Justice and Reconciliation Commission also illustrate a commitment to realise the rule of law. Kenya has made significant efforts to make the judiciary a true guardian of the rule of law, as evidenced by the 2010 Report of the Task Force on Judicial Reforms and the new constitution, which now needs to be implemented urgently and sustained, with a view to establishing an autonomous and accountable judiciary. There is a need to enhance and sustain the accountability of the executive and the legislature to the people of Kenya, as the new constitution demands. • Access to justice remains a mirage for most Kenyans. There is a need to enhance access to justice by, for example, using traditional dispute resolution mechanisms as required by the new constitution.