Kenya
IBAHRI Debate on Kenya's draft constitution
The IBAHRI and the International Legal Assistance Consortium (ILAC) held a debate on Kenya’s draft constitution and its potential impact on reducing future electoral conflict on Monday 19 April at the Bar Council for England and Wales in London. The debate, entitled On the edge: Kenya’s struggle for democratic reform, focussed on the recently passed new draft constitution, which will be put to a referendum by 2 July 2010 as part of Kenya’s efforts to reform.
The discussion was chaired by Dr Nicholas Cheeseman, Hugh Price Fellow in African Studies at Jesus College, Oxford University. The panel consisted of British journalist Michela Wrong, author of It’s Our Turn to Eat: The Story of a Kenyan Whistle-Blower, Sir Edward Clay, former British High Commissioner in Kenya, and Ben Rawlence, Researcher in the Africa Division at Human Rights Watch. Apollo Mboya, CEO/Secretary of the Law Society of Kenya, was sadly unable to travel from Nairobi to London to join the panel due to Volcanic ash causing the closure of British airports. Mr Mboya provided his thoughts on the subject in documents that were available at the event.
The panel considered whether the new constitution is a step in the right direction for a stronger Kenyan democracy or whether Kenya remains at risk of further political violence. The panellists presented an analysis of Kenya’s political and historical situation and highlighted the strengths and potential problems of the new constitution. All panellists agreed that the most important elements to watch out for in Kenyan politics are a change of culture and a demonstration of political will, as a new constitution cannot be sufficient in itself to prevent the resurgence of violence.
Fact finding mission, 2009
The IBAHRI conducted a mission to Kenya in early October 2009 to participate in a needs assessment of the Kenyan justice system. The mission, which was funded by the IBA's eligible trust, was conducted with the International Legal Assistance Consortium (ILAC) and with the support of the Law Society of Kenya. The high-level delegation examined the current functioning of the judicial system and identified ways in which support might be provided to the ongoing process of justice sector reform. Meetings were organized with government officials, members of the judiciary, lawyers and lawyers’ associations, legal academics, human rights organizations, international and regional organizations and representatives of civil society to discuss issues including the independence and needs of the judiciary, case and court management and current progress on implementation of the reform agenda.
The IBAHRI and ILAC subsequently released a report entitled Restoring integrity: An assessment of the needs of the justice system in the Republic of Kenya. The report documents a pressing need for judicial reform in the country and states that public confidence in the judicial system has virtually collapsed. A lack of independence in the judiciary, corruption, delays in court processes, and the costs associated with using the court system have all served to perpetuate a widely held belief among ordinary Kenyans that formal justice is only available to an elite few.
Radical reform of the relationship between Kenya’s executive and judiciary is needed, the report suggests. It contains recommendations to exclude the Chief Justice and Attorney General from the Judicial Service Commission, reform the judicial appointments process, and transfer the Attorney General’s prosecutorial powers to an independent office. In the report, the IBAHRI and ILAC also support the establishment of a Special Tribunal to complement prosecutions before the International Criminal Court concerning post-election violence.
Response to the post-election violence, 2008
The IBA responded to the post-election violence by calling for the international community to ensure no impunity for Kenya crimes.
- Read the press release
- Read a Times newspaper article by Mark Ellis, IBA Executive Director.
Fact finding mission, 1996
In November 1996, the IBA conducted a mission to Kenya to report on the legal system and the independence of the judiciary. The report examines the alleged abuse of the legal system by procedures designed to undermine opposition politicians. It also assesses the broader culture of human rights in the country.
Report on the Legal System and Independence of the Judiciary in Kenya (November 1996)
For further information contact hri@int-bar.org