Right to Health Bench Book: Select Decisions, Issues and Themes (Kenya)
The Constitution of Kenya enshrines the right to health under the Bill of Rights. Notably, before the promulgation of the Constitution of Kenya 2010, social and economic rights were not justiciable. Now, however, jurisprudence on the right to health is rapidly developing, with several cases instituted based on claims of violation or infringement on the right to health. These claims have presented an opportunity for the courts to interpret and apply the Constitution, giving meaning to the right to health as guaranteed in the Bill of Rights.
This Bench Book serves as a guide for judicial officers in adjudicating the right to health and aims to be useful to all players in the legal and justice sector, including legal practitioners, academia, civil society, and members of the public.
The book:
- Examines and analyses emerging courts’ jurisprudence on the right to health.
- Examines the legal and policy frameworks and authorities on health rights.
- Serves as a tool for continued engagement with the Judiciary in the dispensation of justice and development of jurisprudence on the right to health.
The book is a collaboration between International Commission of Jurists (ICJ Kenya), Kenya Judiciary Academy (KJA), and the Center for Reproductive Rights (CRR).
