International Development Law Organization

Kenya

English

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

 

Evaluation of the project "Support to Kenyan Constitutional Implementation Process with a Focus on Devolution and Gender Reforms"

As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Thematic Evaluation of the International Development Law Organization's (IDLO) Support to the Kenyan Constitution Implementation Process with a Focus on Devol

Strong dispute resolution system key to 2017 Kenya elections

Press release: (Nairobi, Kenya) May 4, 2017 – As five countries in Africa, including Kenya, gear up for general elections later this year, a new report published today by the International Development Law Organization (IDLO) highlights the need for a strong judicial electoral dispute resolution mechanism.

“As a contest for political power, elections by their nature invite disputes. Effective electoral dispute resolution is therefore key to preventing electoral violence and ensuring legitimacy of the results,” said Ms. Irene Khan, IDLO Director-General.

IDLO Director-General to visit Kenya to discuss electoral justice and gender equality

Media Advisory: Interview Availability. Nairobi, April 27, 2017 - The Director-General of the International Development Law Organization (IDLO) will visit Kenya from May 3 to 5, 2017 to discuss electoral justice, gender equality and the rule of law with representatives of the Government of the Republic of Kenya, the judiciary, the legislative, diplomatic community, civil society and the women’s movement.

Lessons Learned Brief - Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond

The Brief (or Lessons Learned Brief), titled Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond, explores IDLO’s support to the Kenyan judiciary to resolve electoral disputes. The 2007 electoral violence in Kenya demonstrated that disastrous consequences can follow when the electoral dispute resolution system is not trusted to deal fairly and efficiently with contested elections.

Mainstreaming biodiversity in Kenya

Traditionally under the remit of environmentalists alone, biodiversity has now been recognized in the 2030 Agenda as a key element of global development that should be integrated across all sectors. Kenya’s Constitution includes provisions related to environment and natural resource management, which has given impetus to new laws, policies and other enabling legal instruments at the national and county levels.

Access to Justice in Kenya

The Constitution of Kenya requires the Government to facilitate access to justice for all citizens, as it remains a critical pillar for poverty reduction and sustainable development. To this end, IDLO has been supporting the Kenyan judiciary since April 2012 to strengthen its capacity to administer and enhance access to justice for all Kenyans.

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Key Initiatives

  • 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.
  • 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. 
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Thematic Evaluation of the International Development Law Organization's (IDLO) Support to the Kenyan Constitution Implementation Process with a Focus on Devol
  • The Brief (or Lessons Learned Brief), titled Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond, explores IDLO’s support to the Kenyan judiciary to resolve electoral disputes. The 2007 electoral violence in Kenya demonstrated that disastrous consequences can follow when the electoral dispute resolution system is not trusted to deal fairly and efficiently with contested elections.
  • Traditionally under the remit of environmentalists alone, biodiversity has now been recognized in the 2030 Agenda as a key element of global development that should be integrated across all sectors. Kenya’s Constitution includes provisions related to environment and natural resource management, which has given impetus to new laws, policies and other enabling legal instruments at the national and county levels.
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