LLB Research Projects (2024)

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Browsing LLB Research Projects (2024) by Author "Ombajo, N. A. A."

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    An Assessment of the elements of affordability and accessibility of the right to housing to informal workers as a neglected disadvantaged group in Kenya.
    (Strathmore University, 2024) Ombajo, N. A. A.
    The 2010 Constitution of Kenya strongly advocates for the protection and enjoyment of human rights. To illustrate, it highlights socio-economic rights in the extensive chapter on the Bill of Rights, which were not comprehensively established in the repealed constitution. The right to housing is a basic need that is required for the well-being of man. Article 43 (1)(b) establishes that every person has a right to adequate housing and reasonable standards of sanitation. In response to this, the government launched the Affordable Housing Program (AHP) to provide affordable housing for all. One of the aims of this program is to reduce the growth of informal settlements by providing affordable housing especially for low-income earners. However, it is observed that in drafting this policy, only data from the formal sector of employment was considered when coming up with the rates for rent or purchase of such housing. The specific needs of informal workers were sidelined in this matter. Kenya is also party to the International Covenant on Cultural and Socio-Economic Rights. Article 11.1 of this Covenant acknowledges that every person has the right to an adequate standard of living including housing. It also expects State Parties to take appropriate steps to ensure realization of the same. This study will show that Kenya has been unable to form normative content on what exactly adequate housing entails. This is despite CESCR General Comment No. 4 outlining standards that give guidance on what adequate housing entails. It will also show that the AHP does not satisfy the standards of accessibility and affordability thereby qualifying informal workers as a neglected disadvantaged group in the realization of the right to housing. They are known to live in deplorable living conditions because majority of them face several vulnerabilities that avert their ability to efficiently satisfy their basic needs. Housing under the AHP is too expensive and therefore not affordable or accessible for this group. This study will reveal the vulnerabilities experienced by informal workers in the country. Additionally, it will analyze Kenya’s approach in interpreting this right thus proving that the country lacks normative content on what the right to housing entails and will suggest that the standards set under CESCR General Comment No. 4 should be used as a guide. A persuasive comparison from South Africa will be used to encourage the use of the Reasonableness Approach in adjudicating socio-economic right.