Examines judicial discretion in enforcing human rights law in Kenyan courts, indicating the need for enhanced training and community awareness.
This study examines the enforcement of human rights law within Kenyan domestic courts, focusing on the period from to . Data collection involved participant observation, semi-structured interviews with judges, lawyers, and court officials, as well as document review of recent cases. Ethnographic techniques were employed to understand the cultural context and social dynamics within Kenyan courts. A key finding is that judicial discretion plays a significant role in enforcing human rights laws, particularly in complex cases involving multiple stakeholders. This study highlights the importance of integrating legal education for judges and enhancing community engagement to improve enforcement outcomes. Recommendations include developing training programmes for judges on human rights laws and promoting public awareness campaigns about their rights.
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Oginga Okotho (2007) studied this question.
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