Beyond ratification: navigating challenges in the application of international human rights norms in Kenya

Abstract

This dissertation delves into the intricate dynamics of the application of international human rights norms within Kenya's domestic legal system. Against the backdrop of Kenya's rich history of independence struggles and democratic principles, the study examines the challenges and opportunities in aligning the nation's legal framework with global human rights standards. Despite constitutional commitments to uphold human rights principles, the translation of international norms into effective domestic structures faces hurdles related to cultural sensitivity, resource constraints, and the balance between national sovereignty and international obligations. Through a multidisciplinary approach drawing on legal, political, and socio-economic perspectives, the research aims to unravel the complexities of this interplay. By analyzing judicial interpretations, legislative initiatives, and challenges in application, the study seeks to offer practical policy recommendations for enhancing human rights protection in Kenya. The findings not only enrich academic scholarship on harmonizing global and domestic legal frameworks but also provide actionable insights for policymakers and legal practitioners engaged in human rights advocacy within the national context.