Annex 1 - Case Study Matrix 1
Results (outputs and outcomes)
Emerging issues/ lessons
• The review strengthened institutional and legal frameworks and processes that support democratic governance, transformation, accountability, respect for human rights and gender equality.
• The nomination, public interview and subsequent appointment of a new Chief Justice and Deputy Chief Justice heralded a new open and transparent recruitment system of public officials.
• A new Chief Justice, Deputy Chief Justice and the other members of the Supreme Court were recruited. Gender was taken into consideration as specified in the new constitution.
• There is a renewed trust in the judicial system and the anticipation that the top leadership of the judiciary will implement the reforms recommended in the review.
• The capacity of national counterparts was enhanced as was the ability of UNDP staff to apply a human rights-based approach to development programming.
• Poverty and inequality remain major obstacles to the realization of human rights in Kenya. This is worsened by poor governance and a lack of respect for the rule of law and a low awareness of legal and human rights among the population.
• Access to justice improved, with special emphasis on vulnerable groups such as women and people with disabilities.94 • A number of constitutional bodies are being established to address key human rights challenges including gender inequality, integration and cohesion.
• The weakness and ineffectiveness of institutions responsible for enforcement of human rights, gender equality and access to justice remains a challenge for the promotion and protection of human rights in Kenya. • There are concerns that the multiplicity of constitutional bodies might lead to overlaps, while some of the commissions lack requisite the powers to be effective for instance, for inquiry or prosecutions. • Lack of accountability for crimes committed could spur impunity. The ongoing trial of 6 high profile officials in the ICC has created massive debate and divided the country. UNDP has largely steered clear of the complementarity issue and has not publicly engaged in the ICC debate. This could undermine UNDP’s credibility on such issues.
86 The programme is funded by UNDP. Partners include the Kenya National Human Rights and Equality Commission, Office of the Public Complaints and Ombudsman, NALEP, Kenya Law Reform Commission, Truth, Justice and Reconciliation Commission, Ministry of Justice, National Cohesion and Constitutional Affairs, and the Ministry of Gender. 94 Absence of specific data on how many accessed justice, for what issues and to what outcome.
Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good Practices 71