Stakeholders Propose Three Options on Enforcement of The Bill Of Rights

Amendment of the Magistrates Court Act, development of an omnibus Bill on human rights jurisdiction for subordinate courts and amendment to the Tribunals Bill were the three options that stakeholders proposed. This was during a multi-stakeholder dialogue organized by KELIN, with the support of Commonwealth Foundation. The meeting discussed legislation on actualization of original mandate in appropriate cases to subordinate courts to hear and determine applications on matters of denial, violation or infringements of rights and fundamental freedoms in the Bill of Rights of the Constitution of Kenya, 2010.

Over 30 stakeholders representing the Kenya National Assembly, Senate, Judiciary, Kenya Law Reform Commission, HIV & AIDS Tribunal, Kenya National Commission on Human Rights, Civil Society Organisations, Communities of PLHIV and those affected by TB were present at the convening.

During a discussion led by Hon Agustino Neto, Member of Parliament Ndhiwa Constituency, it was proposed that Section 8(2) of the Magistrates Courts Act be amended by deleting the clause that limits Magistrates to only listen to cases relating to violation of rights under Articles 25 (a) and (b) of the Constitution.  It was also proposed that Section 27(4) of the Tribunals Bill should be amended to confer human rights jurisdiction to the tribunals. The final proposal was for the development of an omnibus bill to provide jurisdiction in appropriate cases to all the courts envisioned under Article 169(1) of the Constitution of Kenya. These include the magistrates’ courts, the khadis’ courts, the courts martial and the local tribunals.

Members of parliament present agreed to keenly look at the options presented and to support the proposals that would ensure actualization of Article 23(2) of the Constitution of Kenya. The Kenya Law Reform Commission committed to working with the team on some of the proposed amendments. KELIN will work with the stakeholders interested in this to come up with the proposed amendments and work with the members of parliament to have the same presented before the National Assembly for debate.

To contribute to the discussions on this forum follow KELIN on our social media platforms using the hashtag: #HIVLaw

Twitter: @KELINkenya

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For more information contact:
Allan Maleche
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
PO Box 112-00200, KNH
Email: amaleche@kelinkenya.org
Mobile No: +254 708 389 870