Towards a Human Rights Based Approach to Fighting Corruption in Kenya

Abstract

Corruption has over the years slowly gained recognition as an economic crime of international concern. It is not only a hindrance to good governance and development but it is also one of the violators of human rights. This study notes that the anti corruption and human rights movements have been running in parallel for far too long and it would be more effective to fight corruption and preserve human rights if both movements worked together to achieve a common goal. The negative effects of corruption on human rights have been acknowledged by various international bodies such as the United Nations and the African Union. The Constitution of Kenya 2010 guarantees socio-economic rights in its text as well as laying emphasis on principles of integrity on the leadership in Kenya. Key focus is given to the right to health and the right to education based on the fact that illiteracy and diseases have been cited as some of the reasons for underdevelopment in Kenya. This study therefore addresses the effects of the corruption on the right to health and the right to education in Kenya. Under the right to health, an analysis on the effects of corruption on the number of doctors in public hospitals and the supply of medicine and medical equipment is done whereas under the right to education, the study focuses on the effects of corruption on infrastructural development in public primary schools. It argues that by applying rights based approach in the fight against corruption, the violation of human rights more specifically the right to health and education by corruption will be significantly reduced thereby ensuring that not only will corruption be significantly reduced but the right to education and health will also be enjoyed and realized. This study also analyses the effectiveness of the various international and national legal and institutional frameworks in place to address corruption specifically their roles in ensuring the enjoyment of the right to education and health in Kenya. The study proposes the use of a human rights based approach in the fight against corruption.