Kenya's Bill of Rights and Its Implications on Kenya's Ability to Apply the International Bill of Rights

Abstract

The promulgation of the Constitution of Kenya 2010 marked a turning point in Kenya's history. The inclusion in the Constitution of a comprehensive Bill of Rights had a fundamental impact on the basic principles and foundations upon which Kenya as a country is based. The Kenyan Bill of Rights is a culmination of long winding constitutional aspirations of Kenyans and the deep sited desire for the domestication of the International Bill of Rights and the widening and strengthening of the protection of the fundamental freedoms and rights of the people of Kenya. This study analyses Kenya's Bill of Rights and to assess its implications on Kenya's ability to apply the International Bill of Rights. This study interrogates the essence of the inclusion of Bills of rights in Constitutions using Kenya as an example and traces the history of International Bill of Rights including its instruments. It examines the nature of the international Bill of Rights, the process of its development and its scope. It analyse Kenya's Bill of rights, explore its rationale and conceptual basis. It compares Kenya's Bill of Rights to the International Bill of Rights and explores the implications of Kenya's Bill of Rights on Kenya's ability to apply the International Bill of Rights. This study is based on the natural rights theory and it is argued that international human rights law is based on natural rights. The research adopts a descriptive design approach and a mixed method was used as quantitative information was used. A questionnaire was used to gather additional information from key informants and the deductions were applied to the information already gathered through desk research. This study concludes that the International Bill of Rights will provide a solid basis for the implementation of the Kenyan Bill of Rights and so it should act as a constant reference point. The research also makes recommendations on how to implement Kenya's Bill of Rights to ensure that it adheres to the International Bill of Rights. A faithful implementation of the Kenyan Bill of Rights is recommended. An enhanced role of the judiciary and citizen vigilance on the implementation of the Bill of Rights is also recommended. Constant Monitoring and regular reporting on the status of human rights in Kenya will also buttress the domestication of International Bill of Rights in Kenya.