The Enforceability of Health Rights in Kenya: An African Constitutional Evaluation

Abstract

Kenya's recently promulgated 2010 Constitution has been met with much enthusiasm and expectation after a difficult and protracted history of constitutional development and reform. This article considers and evaluates the key constitutional provisions with regard to the recognition of health rights in Kenya together with other health-related provisions, and with specific reference to the realisation and enforceability thereof. This evaluation will be conducted from a comparative perspective with references made to other African constitutions and case law. It is the objective of this article to offer a critical evaluation of the health rights included in the Kenyan Bill of Rights in relation to its African counterparts and to consider the possibilities and potential obstacles for the realisation and enforcement thereof. It is evident from this comparative evaluation that the Kenyan Bill of Rights contains pioneering provisions with regard to the right to health that can bring about meaningful changes for Kenyan citizens through effective socio-economic rights jurisprudence.