Judicial Enforcement of Social Economic and Cultural Rights in Kenya: Health and Housing

Abstract

The place of human rights in evaluating the level of civilization of a society cannot be overstated. Modern constitutional-making processes endeavor to entrench progressive bills of rights in their architecture. General recognition of human rights in constitutional documents has become the bromide of constitutional law since after WWII. Constitutional designs have therefore shifted from giving prominence to civil and political rights, to the global recognition of social, economic and cultural rights ("SER's") as well. Undoubtedly, recognition of SERs has given rise to the debate whether SERs are legally binding constitutional provisions or mere political aspirations to be achieved overtime. As a result, the question of whether they are justiciable has emerged. This paper tries to answer this philosophical hypothesis by exploring judicial enforcement of SERs in Kenya and the effect entrenched SERs have in a constitutional dispensation they obtain.