Kenya

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 Open Society Initiative for Southern Africa, 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 report documents a pressing need for judicial reform in 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.

• Read the press release
• Download the report
  

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)

• Read the full report

F A C T - F I N D I N G  A N D  R A P I D  R E S P O N S E  M I S S I O N S

The IBAHRI conducts visits on a regular basis to countries where there are signs of a deterioration of the rule of law.  Click here for details on the countries we have visited. To browse our work by activity, click here.

For further information contact hri@int-bar.org