Understanding Enforceability Challenges Facing Equality Rights Under Art. 27 of the Constitution of the Republic of Kenya

Abstract

By illustrating the theoretical framework of equality rights the author seeks to explain some of the key challenges facing their enforceability and constitutionality in the Kenyan modern legal system. Under the Constitution of 2010, it is particularly emphasised that the State and its institutions must endeavour to enforce human rights and the rule of law for the betterment of the situation of living worth for human dignity in regard to the international minimum standards. It is in this light that this previewed article seeks to bring to juridical discussion the best understanding of equality rights and why many jurisdictions still fail to fully implement them. The research is not blind of similar difficulties faced in civilised nations and modern democracies but also makes substantive attempts to provide solution based on case by case analysis.