Kenya

Langue Anglais

Since August 2010, Kenya has been implementing a new Constitution with an expanded Bill of Rights and ambitious government decentralization (devolution) processes. The transferring of a large number of national functions to 47 newly created county governments has strengthened accountability and public service delivery at local levels. Building on notable progress achieved over a relatively short period, efforts continue to align pre-existing laws with the Constitution and to enact new laws to implement its provisions. Particular focus is being placed on legal interventions that will address issues of transparency, gender equality, peace and security, and the climate crisis.

Kenya is a Member Party of IDLO, and since 2010 the organization has collaborated with the institutions responsible for implementing the key provisions of Kenya’s Constitution, particularly relating to the Bill of Rights, land and the environment, devolution, the judiciary, access to justice and representation of the people. A key component of IDLO’s work is advancing gender justice in the country’s courts and institutions, and operationalizing the gender provisions contained in the Constitution.

IDLO also works closely with the Judiciary of Kenya, including on commercial justice reforms, such as the implementation of e-justice solutions and the establishment of Small Claims Courts, which help to streamline and speed up court processes and expand access to justice. IDLO is also providing technical support to the Sexual and Gender-Based Violence (SGBV) Court, and has helped develop policy and legal frameworks on managing and responding to SGBV.

An overview of IDLO's work in Kenya

Engaging with informal systems to enhance justice for women

As countries seek to make progress towards achieving Sustainable Development Goal 16, there is growing recognition that it is essential to work with both state and non-state justice systems to strengthen the rule of law and effectively prevent and resolve conflicts.

Africa: IDLO promotes legal regulation for healthier living

Legal regulation is an essential tool for governments to promote healthy diets and physical activity to curb non-communicable diseases, IDLO told participants of a conference organized by the Association of Schools of Public Health in Africa (ASPHA) in conjunction with Makerere University’s School of Public Health.

Paralegals promote access to justice at regional forum in Nairobi

Over 30 paralegals from Kenya, South Sudan, Somalia and Uganda as well as various community justice experts convened to advocate for the critical role and contribution that paralegal support networks play in raising legal awareness and supporting access to justice for all, at a regional forum held in Nairobi on July 22-25, 2019.

Supporting commercial justice sector reforms in Kenya

Justice within the context of commercial law is premised on the fact that an effective commercial justice system meets and facilitates the specialized needs of the business community and the private sector at large. However, there are persistent challenges related to the dispensation of commercial justice in Kenya.

Kenya launches first county-level SGBV policy

Meru County in Kenya became the first to adopt a county-level policy on sexual and gender-based violence (SGBV). Approved in April 2019 and launched on June 26, 2019, the Meru County Policy on SGBV aims to close the gap between provisions in national legislation and the lived experience of SGBV survivors.

Global RECAP: Capacity building to prevent NCDs

Non-communicable diseases (NCDs) kill 15 million people between the ages of 30 and 69, and over 86 per cent of these "premature" deaths occur in low- and middle-income countries.The economic impact, including loss of income by people harmed by NCDs, the costs of treatment, and the impacts on families threaten international development. Through regulation and fiscal reforms, countries can promote healthy diets, physical activity, and other initiatives reducing the prevalence and harms of NCDs.

Paving the way for a stronger judiciary in Kenya

A report outlining major milestones achieved by the judiciary as a result of initiatives and reforms was released in Kenya.

Women judges in Africa join forces to combat GBV

Over 50 women judges, representing chapters of the International Association of Women Judges across the African continent, convened to discuss the critical role and contribution women justice professionals play in adjudicating cases of gender-based violence at a regional conference in Nairobi from November 29 to December 1, 2018.

IDLO seals partnership with East African Community

IDLO has signed a memorandum of understanding with the East African Community (EAC), an intergovernmental organization composed of six countries in eastern Africa – Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda.

Chief Justices from East Africa pledge regional integration

The Chief Justices of Kenya, Rwanda, South Sudan, Tanzania and Uganda (partner states of the East African Community) as well as the Chief Justice of Zanzibar, the Judge President of the East African Court of Justice, and the Chief Justice of Somalia in an observer role, pledged to enhance collaboration, agree strategies to improve access to jus

Key Initiatives

Supporting commercial justice sector reforms in Kenya

Justice within the context of commercial law is premised on the fact that an effective commercial justice system meets and facilitates the specialized needs of the business community and the private sector at large. However, there are persistent challenges related to the dispensation of commercial justice in Kenya.
Land, Environment and Natural Resource Management

The drafters of the Constitution of Kenya 2010 saw it necessary to include progressive provisions related to environment and natural resource management. These provisions gave impetus to new laws, policies and other enabling legal instruments at the national and county levels.
Securing Kenya’s Constitutional Development

While the new Constitution of Kenya, 2010 provides for the right of every Kenyan to access justice, its implementation is vital to strengthen and support the changes required for a better Kenya. IDLO is supporting the Kenyan Government to implement the Constitution in an effective, efficient and sustainable manner, in accordance with international standards and best practices. This is being done with a view to enhancing access to justice for Kenyans, especially for women, children and other vulnerable populations.
Supporting Devolution in Kenya

The Constitution of Kenya, adopted in 2010, made way for a new governance system composed of a national government and 47 county governments. Most of the assistance provided to the county governments has been focused on technical support. However, there is also a need to support the preparation of quality draft legislation to the county assemblies so that it meets the constitutional requirements.
Resolving Electoral Disputes in Kenya

In 2010, the people of Kenya overwhelmingly voted in favor of a new Constitution, following a protracted struggle for constitutional reform spanning over two decades. Under the new Constitution, the elections of 2013 were the first in Kenya’s multiparty history with Electoral Dispute Resolution (EDR) processes in place. With these mechanisms, disputes can be resolved legally, peacefully and speedily – as opposed to resulting in violence or being allowed to drag through the courts.