Legislative landscape: recognising chronic illnesses as vulnerabilities — bridging legal gaps for health equity and inclusivity

Abstract

In Kenya, the Social Assistance Act 2013 was formulated to give effect to article 43 (1)(e) of the Kenyan constitution that provides for the right to social security. However, there seems to be a gap in its list of persons considered eligible to receive social assistance in the Kenyan jurisdiction due to the exclusion of people living with chronic illnesses. This study seeks to present a comprehensive analysis to understand whether there are legal implications flowing from the lack of inclusion of such persons in the act and especially the infringement of the human rights to dignity, attainment of the highest possible standard of health and social security. Further, it will seek to show whether there is a need for a precise legal framework protecting the same by carrying out a comparative analysis with the United Kingdom and how it has protected the rights of people living with chronic illness. This paper hopes to advance policy and discourse as well as recommendations that would enhance the legal recognition of vulnerability and protection of individuals with chronic illnesses in Kenya.