The appropriate remedy for the breach of the 24-hour rule

Abstract

This dissertation is an introduction into a research concerning the suitable remedy for the breach of the 24-hour rule. The philosophical basis of this dissertation is hinged on Pheroze Nowrojee and Issa Shivji’s political theories on the connection of politics and justice. The theory shows the need for political support in the formulation of both victim and systemic remedies for breach of the 24-hour rule. The dissertation also assesses whether the compensation awarded by courts in isolation of other remedial principles has resulted in a recurrent violation of the 24-hour rule. Kenya’s remedial approach will be benchmarked against the pilot judgement scheme used by the European Court of Human Rights. The methods used in carrying out this research will be to investigate the current remedial practice in Kenya, the various opinions of scholars on remedies and the standard approach on remedies. Moreover, for the right to personal liberty to be respected there is a need to put in place remedial strategies that are not only monetary but have a corrective and preventative effect.