Kenyan High Court decision concerning the implementation of economic, social, and cultural rights based on Kenya’s new constitution and international human rights law; International human rights norms and their application in domestic jurisdiction; Justiciability of economic, social, and cultural rights; Access to legal remedies; Due process.
Advocates in Kenya are aware that enforcing court orders concerning ECSR is a challenge impacting not only the victims of violations of those rights but also the implementation of human rights obligations and legal precedent within the domestic sphere. As a result, advocates, including those acting as friends of the court in the present case will be following the implementation of this decision and work toward full enforcement.[1]
[1] Okoth, Dann, “Tiny Garissa community wins legal battle over land ownership,” The Standard, December 2, 2011, available at http://www.standardmedia.co.ke/InsidePage.php?id=%202000047712&cid=259&story=Tiny%20Garissa%20community%20wins%20legal%20battle%20over%20land%20ownership;
Advocates hailed this decision as establishing an important normative precedent for the promotion of economic and social rights through national courts including areas not previously ruled on like the impact of forced evictions on the right to health care services, right to information, right to fair administrative decision, freedom from hunger and the right to clean and safe water. The Court broke new ground by ordering the reconstruction of demolished homes and buildings as a remedy for forced eviction cases and by awarding punitive damages.[1] It also has significant ramifications with regard to ensuring government accountability in administrative decisions. The ruling is likely to hold significance beyond Kenya’s borders.[2]
[1] Ibid.
[2] Okoth, Dann, “Groups seek inclusion in community land case,” Special Report, Community at Crossroads, Standard on Saturday, June 18, 2011, available at http://www.communitylawcentre.org.za/files/evictionskenya.pdf.
Hakijamii ESCR-Net