Kenya

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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

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.

Balancing the scales of electoral justice in Kenya

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.

Kenya: Documenting Devolution

In their efforts to consolidate national rather than local identities, African countries have historically privileged highly centralized models of governance.

Rights & Rules on Kenya's Roads

“Having a new Constitution is all very fine,” one guest at an IDLO event memorably said, “but fixing Nairobi’s traffic may be more important.”

Striving towards Gender Equality in Kenya

IDLO, in conjunction with the Kenyan government, has launched a Gender Management System (GMS) training manual and guide, aimed at increasing knowledge and institutional capacity on gender-related concepts and issues.

Kenya: 2010 Constitution Seen Restoring Trust

Kenya's 2010 Constitution, whose implementation benefited from IDLO expertise, had helped build trust and confidence in the country's judiciary, IDLO Director of Global Initiatives Ted Hill said at a public lecture in The Hague this week. The subsequent Kenyan elections, in 2013, were the first in which disputes were resolved in court rather than in the street.

Energy for Development in Kenya

Ongoing reform of its energy legal framework has made Kenya a regional leader in promoting policies and laws that encourage sustainable investment in energy development the sector The country, however, still struggles to meet its energy demands. More than 33 million Kenyan citizens live without electricity.Properly harnessing resources, and targeting efforts at making eflectricity more accessible and affordable, would ensure that Kenya’s energy demands were fully and sustainably met.

Building Climate Resilience in Kenya

Climate change is threatening to reverse Kenya’s progress on poverty reduction and exacerbate economic and social inequality. In order to build resilience and outline a low-carbon approach to development, IDLO has assisted the Kenyan Government in drafting a comprehensive National Climate Change Action Plan 2013-2017. This technical assistance included compiling a Legal Preparedness Assessment Report and establishing a Climate Law Working Group, made up of law students from Kenya’s leading universities.

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.
Global RECAP: Capacity building to prevent NCDs

Noncommunicable diseases (NCDs), such as cardiovascular disease, cancer, chronic respiratory diseases and diabetes represent a major challenge for sustainable development and the achievement of Agenda 2030. They hamper social and economic development, increase inequalities, and perpetuate poverty. According to the World Health Organization (WHO), each year NCDs contribute to the deaths of 17 million people under the age of 70, with 86% of these premature deaths occurring in low- and middle-income countries.
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
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.