Finding a legal balance between the right to strike and right to education in Kenya
Date
2021
Authors
Aridi, Vicky Kadiga
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The teachers’ right to strike and the children’s right to education are both essential rights recognised by Kenya’s legal framework. Despite this fact, there are instances where conflicts arise between these two rights. The courts in Kenya have a mandate to balance competing human rights in instances of conflict. However, whenever there has been a conflict between these two rights, the courts have issued injunctions that require teachers to suspend their strike.
By doing so, the courts are implying that the children’s right to education is paramount to the teacher’s right to strike yet both these rights can be limited by law. The law further does not explicitly provide for a hierarchy of rights. However, despite these realities, the courts still leave teachers with no effective alternative mechanism to address their pertinent needs. There is therefore a need for a balance to be established in instances where there is a conflict between these two rights.
The pertinent question of how a balance between the teachers’ right to strike and the children’s right to education in Kenya can be attained is thus an essential concern that is at the focal point of this paper. In a bid to address this question, Kenya’s legal framework is analysed to reveal Kenya’s position on the two rights. Moreover, this study analyses how the courts in Kenya have dealt with the conflict between the two rights and the various balancing approaches available.
This study has mainly been conducted through case law analysis and research based on secondary sources of literature such as books, journals and scholarly articles
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School