While Kenya's economy continues to steadily grow, it remains one of the most unequal countries in the world (ranked 146 out of 188 on the Inequality-Adjusted Human Development Index in 2016). The country has, since August 2010, been implementing a new Constitution with an expanded Bill of Rights and one of the most ambitious devolution processes anywhere in the world. A large number of functions transferred to 47 newly-created county governments has strengthened accountability and public service delivery at local levels. Looking back on the last seven years, there has been significant progress made over a relatively short period. However, much more still needs to be done to align pre-existing laws with the Constitution and to enact new laws to implement it. Other persistent challenges miring the constitutional implementation process include: corruption, ethnically-based political rivalries, gender inequality, security concerns, and climate change.
Kenya is a Member Party of IDLO, and since 2010 there has been collaboration with the key agencies in the country responsible for the implementation of key provisions of the Constitution, particularly relating to the Bill of Rights, land and environment, devolution, the judiciary, access to justice and representation of the people. A key component of IDLO’s work also relates to advancing gender equality across the country and operationalizing the gender provisions contained in the Constitution.
An overview of IDLO's work in Kenya
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.
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
Global Peer-to-Peer Dialogue on Human Rights, Biodiversity and SDGs
Following the adoption of a new Constitution in Kenya in 2010, its implementation has seen significant improvements in the promotion and protection of human rights, gender equality and access to justice. Nonetheless, sustainable development of the country and strengthened public confidence in the judiciary continue to be key priorities requiring ongoing reforms.
Kenya has formally launched a National Action Plan on Legal Aid for 2017-2022, the first of its kind in Kenya and in the region.
The national commission overseeing gender and equality matters in Kenya has published model legislation on sexual and gender-based violence (SGBV), designed to help county governments effectively protect women and girls from violence.
September 1, 2017 – Today’s decision by the Kenya Supreme Court demonstrates that the Kenyan Judiciary can effectively and efficiently handle electoral disputes in line with the Constitution, said the International Development Law Organization (IDLO).
“The ruling is a clear demonstration of why supporting the independence of the Judiciary and investing in building judicial capacity, including to resolve electoral disputes, builds the democratic process.”
The public backlash against the judiciary following the Presidential Petition decision in the Supreme Court in 2013 provides a lesson on the immense difficulties of convincing a cynical public that judicial decisions are based on legal reasoning and not political influence.
(Nairobi, Kenya) August 25, 2017 – In preparation for potential electoral disputes in Kenya resulting from the 2017 elections, and to expand Kenya’s jurisprudence under the 2010 Constitution, a new tool on non-party participation in litigation to ensure fair, consistent and efficient rulings by the Judiciary was launched at an event today.
The legal concept of ‘friend of the court’, or ‘amicus curiae’, refers to the participation in litigation of individuals or organizations who are not party to a case but have a strong interest in its subject matter.
The Judiciary Committee on Elections, JCE, is a successor of the judicial working committee on election preparation, which organized all the judiciaries around the 2013 elections. There were a lot of lessons learned.
