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
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.
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.
Kenya finds itself at an opportune moment to advance gender equality. The country’s new constitution, adopted in 2010, expanded the Bill of Rights including for the first time provisions on economic, social and cultural rights.
IDLO has handed over ‘popular versions’ of the Kenya Mining and Minerals Policy to the Kenyan government during the opening session of the first Kenyan Mining Forum.
The mining sector is seen as having the potential to contribute significantly to Kenya’s economic development.
Update (21 August 2017): The 2016 version of the Code of Conduct and Ethics signed by Former Chief Justice Mutunga was not tabled before the relevant House of Parliament within seven days after its publication and thus lapsed, in line with section 11 of the Statutory Instruments Act.
In 100 countries worldwide, women are barred from doing certain work solely because they are women. Over 150 countries have laws that are discriminatory to women, and only 18 countries are free of such laws. In 32 countries, women cannot apply for passports in the same way as men.
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.
Representatives from government, civil society and the private sector gathered in New York at the United Nations to discuss the importance of promoting equal participation of women in international positions of authority to promote sustainable development.
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.
In Kenya, electoral disputes can generate powerful emotions, leading to conflict, unrest and even violence. Electoral dispute resolution (EDR) remains a critical element in the electoral cycle that helps secure the integrity of elections and also curbs electoral-related violence.
 Publication
|
