UNIVERSITY OF NAIROBI

SCHOOL OF LAW
GPR 219: INTERNATIONAL HUMAN RIGHTS
LAW SEMINAR OUTLINE: 2024/2025
ACADEMIC SESSION

COURSE
INSTRUCTORS:
PROF. EDWIN ABUYA (EA)
([email protected])
MR. WILLIAM ASEKA (WA)
([email protected] )

SEMINAR TIME: WEDNESDAY 2-5 P.M.

Can you for a moment imagine a world without rights? How would it be living in
such an environment? Would you take any step to improve the current situation?
What measures would you take? To whom would you appeal? Why? What
remedies would you expect the duty bearer to hand down? Put differently, why
should you be accorded any right? Which right(s) do you consider fundamental?
Against whom would you claim this/these right(s)? What is the extent of this
obligation? What remedies would you seek if a duty bearer fails to discharge its
legal obligation, and where? This course seeks to respond to these key
questions. Overall, the course examines the protection of your civil liberties.
Owing to time considerations, this course cannot cover all the human
rights, which are covered by international treaties and domestic legislation.
Rather, it will consider a number of important contemporary issues. In the first
seminar we will introduce the concept of human rights law. We will also consider
the origins of human rights. The second seminar will evaluate issues surrounding the
enforcement of human rights. If your clients’ rights are infringed, in which forum/fora
would you advise them to seek relief? What would be the basis of your reasoning? In
seminar three, we will discuss the concept of Ubuntu—one of the theories for grounding a
rights-based argument. This will be followed by a discussion on whether human rights are
the same everywhere, and at all times. Put in another way, do human rights exist
everywhere in the world and does the concept of human rights mean the same
thing to everyone—male/female, disabled, citizen/foreigner, young/old,
black/white/colored, intersex, rich/poor—the world over?
The remainder of the course will focus on specific rights. First, we will look
at the right of access to information. Remember, information is power. In this
seminar we will explore the rationale for this right, as well as the procedural
framework for enforcing it. Thereafter, we will focus on the freedom of
expression. With the emergence of internet around the world, does freedom of
expression extend to those who are within this space? What happens when
countries shut down internet access? Importantly, in this seminar we will also
discuss the concept of criminal defamation. Using the East African Community as
a case study, the next seminar (7) will review the rights that are due to citizens of
this regional block. Several questions come to mind: Which rights do they have?
Where are these located? Who are the duty bearers? What are their fundamental
obligations? In instances of breach, what remedies are available? Thereafter, we
will discuss the rights of freedom of religion. We also review the socio-economic entitlements,
which Kenya’s constitution seeks to protect. The last seminar will look at corruption─a challenge
in many countries. Throughout the discussions in this course gender issues that

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arise will be highlighted and addressed. It is also important that you bear in mind
the entitlements due to persons with disabilities.
At the end of this course, it is expected that you will be able to appreciate
theoretical perspectives of the rights discourse. We also expect you to apply the
principles learnt to practical circumstances. Upon successful completion of this
course, you should also be conscious of the idea of justice. You should also be
able to have a solid grasp of the rights discourse and the various modes of
enforcement. Further this course aims at improving your research, language,
analytical, communication (oral and written) and problem-solving skills. Through-
out the course you will be expected to conduct yourself as a professional.
Regular seminar attendance is mandatory. Missing even one class means
that you miss an entire piece of information. This gap will undermine your overall
understanding of whole areas of issues covered by the syllabus. For your
attendance to count, you must attend an entire seminar using your official/UoN email
address. If you do not meet the attendance requirement, regrettably, we will not
grade your paper. For avoidance of doubt, you must meet the attendance thresh-
hold by the time of the Continuous Assessment Test and final exam.
While seminars will be run online, we reserve the right to call on any
student to respond to any question. In other words, you must prepare for each
seminar in advance by reviewing all the readings in this outline. We suggest you
work in teams in order to obtain a wide understanding of the subject matter. In
the real-world teamwork is a vital tool. You will have a hard time in the seminars,
if you fail to read the material in advance. Failure to engage with the readings
will definitely impact your professional life. You are encouraged to draw on your
practical experience, as a way towards enriching discussions. Mind you, we all
have something to share. The materials that are contained in this outline are not
exhaustive. Thus, we expect you to research widely in order to widen your scope
of understanding of issues as well as enrich seminar discussions as well as your
future life as a legal advisor.
There will be one Continuous Assessment Test (30 marks) and an end of
semester examination (70 marks). Both will be open book and conducted in
keeping with the prevailing University rules and regulations on examinations. We
will grade papers for to those who have satisfied the University Rules and
Regulations. It is in your interest, therefore, to ensure you enroll for the course at
your earliest opportunity. Two, ensure that you comply with all examination
rules. To achieve a pass in this course you must obtain at least 40 marks. Even
so, I strongly recommend that you aim high. You are aware that excellent grades
have an impact on your future. Dates and times of each assessment will be
communicated in advance.

An ‘A’ paper:
 Is creative in terms of how it approaches the issue;
 Is sufficiently supported by citing to relevant authorities;
 Is well written in terms of grammar and punctuation;
 Demonstrates evidence of deep research and appreciation of the material;
 Identifies the disposable issues and applies them to the fact pattern; and
 Has superior analysis.

Plagiarism is not permitted. If you engage in this malpractice, we will take the
necessary administrative steps.

We operate an open-door/communication policy. Mr. Aseka is the contact person for the
course. If you have any question relating to this course or issue that we need to
take on board, send him an email, with a cc to other course instructors. He will
respond within the shortest time possible. The link for the seminars is:
https://msteams.link/BCLR.
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SEMINAR ONE: INTRODUCTION TO INTERNATIONAL HUMAN RIGHTS
LAW/CONTESTED HISTORY OF THE MOVEMENT (WA)
- Definition of human rights and related concepts.
- Historical foundations and development of international human rights e.g.
ancient foundations of human rights and Eurocentric foundations of human
rights.
- Contested history of human rights e.g., Eurocentric history of human rights
and the North- South discourse on human rights and its history.
- Nature and characteristics of human rights.
- Classification and critique of human rights and freedoms e.g., 1 st 2nd and 3rd
generation rights and their content.
- International and local legal structures and institutions.

 Morris Mbondenyi, International Human Rights and their enforcement in Africa

(2011) Law Africa pages 14 – 126.
 Marie-Bénédicte Dembour, ‘What Are Human Rights? Four Schools of
Thought,’ (2010) 32(1) Human Rights Quarterly 1.
 Anna Grear, ‘‘Framing the project’ of international human rights law:
reflections on the dysfunctional ‘family’ of the Universal Declaration’ in
Conor Gearty and Costas Douzinas (eds), The Cambridge Companion to
Human Rights Law (CUP, 2012), 17-35.
 Susan Marks, ‘Human Rights and Root Causes,’ (2011) 74 Modern Law
Review 57.
 Makau Mutua, ‘Savages, Victims and Saviors: The Metaphor of Human
Rights’, (2001) 42
Harvard International Law Journal 201.
 Mark Goodale, ‘The Myth of Universality: The UNESCO “Philosophers’
Committee” and the Making of Human Rights,’ (2018) 43(3) Law & Social
Inquiry 596.
 Samuel Moyn, ‘The Future of Human Rights’, (2014) 20 Sur: International
Journal on Human Rights 1.

SEMINAR TWO: REALIZING YOUR RIGHTS—VARIOUS MODELS (EA)

- How to realize your rights under the international, regional, and domestic
human rights structures and institutions.
- Realizing your rights under the Kenyan Constitution.
- Ongoing debate and challenges on realization of 1 st generation, 2nd
generation and 3rd generation rights e.g. concept of progressive realization of
rights, challenges and prospects.
- Realizing Minority rights, group rights, women rights, and emerging
challenges.
- Realizing rights for juristic persons such as companies and natural persons
and emerging challenges.
- Provisions, structures, and institutions in Kenya’s Bill of Rights enabling
realization of rights.

 Jotham Arwa, ‘Litigating Socio-Economic Rights in Domestic Courts: The

Kenyan Experience,’ (2013) 17 Law Democracy & Development 419.
 Saman Zia-Zarifi, ‘Suing Multinational Corporations in the U.S. for Violating
International Law’, (1999) 4 UCLA J of Intl L and Foreign Affairs 81.
 Mark Massoud, ‘Do Victims of War need International Law? Human Rights
Education Programs in Authoritarian Sudan’, (2011) 45 Law and Society
Review 1.
 Johanna Fournier, ‘Reservations and the Effective Protection of Human
Page PAGE 4 of NUMPAGES 8
 Rights’, (2010) 2 Goettingen J of Intl L 437.
 Ingrid Nifosi-Sutton, ‘The Power of the European Court of Human Rights to
Order Specific Non-Monetary Relief: A Critical Appraisal from a Right to
Health Perspective’, (2010) 23 Harvard Human Rights Journal 51.
 Edwin Abuya and Jane Githinji, ‘Access to University Education by Learners
with Physical Disabilities: Combating the Barriers, (2020-2021) 27 Buffalo
Human Rights Law Review 1.
 Edwin Abuya and Jane Githinji, ‘Inclusion of Visually Impaired and Deaf
Students in Universities in Kenya: A Call for Action’, (2022) 32 Washington
International Law Journal 1.
 United Nations Office of Drugs and Crime, Justice as Freedom: Traditional,
Informal and Other Mechanisms for Dispute Resolution in Kenya (2020),
available online.
 Anarita Karimi Njeru v R (1979) KLR 154.
 Martha Wangari Karua v AG, EACJ Reference No. 20 of 2019.
 James Otieno-Odek, ‘Judicial Enforcement and Implementation of EAC Law’
in Emmanuel Ugirashebuja and others (eds), East African Community Law:
Institutional, Substantive and Comparative EU Aspects (Brill Nijhoff:
Leiden, 2017) chapter 15.

SEMINAR THREE: THEORIZING HUMAN RIGHTS—THE UBUNTU SCHOOL

OF THOUGHT (WA)
- Moral theory and legitimacy of human rights.
- Moral theory of human rights i.e. Ubuntu.
- Resolving the challenge of clashing human rights using human rights
theories.
- Article 24 of the constitution on absolute rights and its place on theories of
human rights.
- A critique of dignity as a foundational concept for human rights.

 Nyasha Mboti, ‘May the Real Ubuntu Please Stand Up’, (2015) 30 Journal of
Media Ethics 125.
 Andani Thakhathi and TG Netshitangani, ‘Ubuntu-as-Unity: Indigenous
African Proverbs as ‘re-educating’ Tool for Embodied Social Cohesion and
Sustainable Development’, (2020) 18 Africa Identities 407.
 Peter Mwipikeni, ‘Ubuntu and the Modern Society’, (2018) 37 South African
J of Philosophy 322.
 Gessler Nkondo, ‘Ubuntu and Public Policy in South Africa: A Conceptual
Framework’, (2007) 2 International J of African Renaissance Studies 88.
 Mzamo Mangaliso et al, ‘Contextualizing Organizational Change
Management in Africa: Incorporating the Core Values of Ubuntu’, (2021) 17
Journal of African Business 1.
 Thaddeus Metz, ‘Ubuntu as a Moral Theory: Reply to Four Critics’, (2007) 26
South African J of Philosophy 369.
 Munyaradzi Mawere, ‘Buried And Forgotten But Not Dead’: Reflections On
‘Ubuntu’ In Environmental Conservation In Southeastern Zimbabwe’, (2012)
3 Afro Asian Journal of Social Sciences 1.
 https://youtu.be/mskqvrmw-zM.

SEMINAR FOUR: ARE HUMAN RIGHTS UNIVERSAL? (WA)

- Unpacking the ongoing and endless discourse on universality and cultural
relativism of human rights.
- Definition of culture and its place in human right discourse e.g., female
genital mutilation (FGM), socio-economic rights and ubuntu.

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- The ongoing and emerging challenges with universality of human rights.
- The ongoing and emerging challenges with a cultural relativist approach to
human rights.
- Reconciling the tension between universalism and cultural relativism.

 Fumbai Ahmadu and Tatu Kamau, ‘Dr Tatu Kamau vs The Attorney
General and Others: problems and prospects in Kenya’s 2021 High Court
ruling to uphold the Prohibition of Female Genital Mutilation Act 2011 - a
reply to ‘The prosecution of Dawoodi Bohra women’ by Richard Shweder’
(2022) 12 Global Discourse: An Interdisciplinary Journal of Current Affairs
29.
 Jack Donnelly, ‘Human Rights and Human Dignity: An Analytical Critic of
Non-Western Conceptions of Human Rights’, (1982) 76 American Political
Science Review 303.
 Surya Subedi, ‘Are the Principles of Human Rights "Western" Idea? An
Analysis of the Claim of the "Asian" Concept of Human Rights from the
Perspectives of Hinduism’, (1999) 30 California Western International Law
Journal 45.
 Kristin Miller, ‘Human Rights in Iran: The Universalist Approach and the
Relativist Response’, (1996) 10 Emory International Law Review 779.
 Karin Mickelson, ‘How Universal is the Universal Declaration?’, (1998) 47
University of New Brunswick Law Journal 19.
 Fernando Teson, ‘International Human Rights and Cultural Relativism’,
(1984-1985) 25
Virginia J of Intl L 869.
 Matthew Ritter, ‘Human Rights: The Universalist Controversy. A Response
to are the Principles of Human Rights “Western” Ideas? An Analysis of the
Claim of the "Asian" Concept of Human Rights from the Perspectives of
Hinduism by Dr. Surya P. Subedi’, (1999-2000) 30 California Western
International Law Journal 71.
 Steven Murray and Will Roscoe, (eds), Boy Wives and Female Husbands:
Studies of African Homosexualities (Palgrave, New York, 1998).
 William Vlcek, ‘Crafting Human Rights in a Constitution: Gay Rights in the
Cayman Islands and the Limits to Global Norm Diffusion’, (2013) 2 Global
Constitutionalism 345.
 Godfrey Kangaude, ‘Adolescent Sexual and Reproductive Health and
Universal Health Coverage: A Comparative Policy Analysis of Ethiopia,
Malawi and Zambia’, 2020 (28) Sexual and Reproductive Health Matters 1.
 Josiah Cobbah, ‘African Values and the Human Rights Debate’, (1987) 9
Human Rights Quarterly 309.
 Dr. Kamau v Attorney General & 2 others (Constitutional Petition No. 244
of 2019) (decided 17 March 2021).

SEMINAR FIVE: TOWARDS A TRANSPARENT SOCIETY−THE RIGHT OF

ACCESS TO INFORMATION(EA)
- Content of right to access information and interrelated rights.
- Origins, rationale, and content of right to access information.
- Different views and approaches to scope and limits of the right to access
information.
- Modern day contemporary challenges to this right e.g. governance, gender,
health, the internet etc.

 Martial Pasquier and Jean-Patrick Villeneuve, ‘Access to Information in

Switzerland: From Secrecy to Transparency’, (2006) 2 Open Government 1.

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  Denis Katebire, ‘Access to Information, Gender Participation and Good
Governance in Uganda, (2008) 14 East African Journal of Peace and
Human Rights 14.
 Omotesho KF et al, ‘Assessment of Access to Information and
Communication Technology Among Agricultural Extension Officers in
Kwara State, Nigeria’, (2012) 2 Asian Journal of Agriculture and
Development 220.
 Sam Phiri, ‘Access to Information Law and the Stalled ‘Winds of Change’ in
Zambia’, (2016) 42 Communicatio 35.
 Edwin Abuya, Realizing the Right of Access to Information: What Should
Stakeholders be on the Look Out For? in Fatima Diallo and Richard Callan,
(eds), Access to Information as a Catalyst for Social Change in African
Countries (BRILL: Leiden, 2013) 215-244 (available online).
 Proscovia Svard, ‘Has the Freedom of Information Act Enhanced
Transparency and the Free Flow of Information in Liberia?’, (2018) 34
Information Development 20.
 Edwin Abuya, ‘Promoting Transparency: Courts and Operationalization of
the Right of Access to Information in Kenya’, (2017) 46 Common Law
Review 112.
 Peter Siyao, ‘Barriers in Accessing Agricultural Information in Tanzania
with a Gender Perspective: The Case Study of Small-Scale Sugar Cane
Growers in Kilombero District’, (2012) 51 The Electronic Journal on
Information Systems in Developing Countries 1.
 Katiba Institute V President Delivery Unit (2017) eKLR.
 Dock Workers Union of Kenya v Kenya Ports Authority; Portside Freight
Terminals Limited & Another [2021] eKLR.
 Charles Apudo Obare & another v Clerk, County Assembly of Siaya &
another [2020] eKLR.
 Republic v Sam Nthenya, Chief Executive Officer, Nairobi Women's
Hospital & Another Ex parte Christine Nzula; Commission on
Administrative Justice [2021] eKLR.
 Khalifa and Another v Secretary, National Treasury and Planning and 4
Others [2022] eKLR.
 William Odhiambo Ramogi & 3 others v Attorney General & 4 others;
Muslims for Human Rights & 2 others [2020] eKLR.

SEMINAR SIX: FREEDOM OF EXPRESSION (WA)

- Content of freedom of expression and various interrelated rights such as
freedom of media, freedom of speech and freedom of association.
- Origins, rationale, and content of freedom of speech.
- Different views and approaches to scope and limits of freedom of expression.
- Modern day contemporary challenges to freedom of expression e.g. the
internet and its border-less nature, defamation, contentious rights etc.

 Solomon Rukondo, ‘’My President is a Pair of Buttocks’: The Limits of

Online Freedom of Expression in Uganda’, (2018) International J of L and
Information Tech 252.
 Stephen Haggard and Jong-Sung You, ‘Freedom of Expression in South
Korea,’ (2015) Journal of Contemporary Asia 167.
 Mostafa Essam Shaat, ‘Media Law in Egypt and the Universal Principles of
Freedom of Expression’, (2015) Arab Media & Society 1.
 Robert Alai v The AG [2017] eKLR.
 Wilson Olal & 5 v The AG & [2017] eKLR.

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  Jacqueline Okuta v The AG [2017] eKLR.
 Okiya Omtatah Okoiti v The AG [2013] eKLR.
 Chirau Ali Mwakere v Robert M Mabera [2012] e KLR.
 Cyprian Andama v DPP & Another; Article 19 East Africa (Interested Party)
[2019] eKLR
 Wanuri Kahiu & Another v CEO, Kenya Film Classification Board – Ezekiel Mutua
& 4 Others
[2018] eKLR.
 Kenya Human Rights Commission v Communications Authority of Kenya & 4 Others
[2018] eKLR
 Communications Commission of Kenya & 5 Others v Royal Media Services Limited & 5
Others [2014] eKLR.
 Data Protection Act, 2019 (Kenya).
 The Bloggers Association of Kenya v the AG and Others [2020] eKLR.
 Nation Media Group Limited v Attorney General [2016] eKLR.
 The Law Offices of Ghazi Suleiman v Sudan, 228/99 (decision of the African
Court on Human and Peoples Rights).
 Priscah Nyotah, Francis Situma and Edwin Abuya, ‘Getting it Wrong:
Applying Public Security Limitation to the East African Community’s Right of
Establishment in Kenya’, (2022) 9 The Transnational Human Rights Review
31.
 https://www.youtube.com/watch?
v=d6z4H_geX5A&ab_channel=FRONTLINEPBS%7COfficial.

SEMINAR SEVEN: REGIONAL BLOCK ENTITLEMENTS—THE RIGHT OF

ESTABLISHMENT (EA)
- Origins and importance of the right of establishment.
- Unpacking the right of establishment and other interrelated rights such as
freedom of movement and work rights.
- Contestations-Is the right to establishment a superfluous or unnecessary right
that liberally expands the number of rights like most third-generation rights?
- The modern-day contemporary challenges to the right of establishment and
interrelated rights e.g., health related challenges presented by COVID 19 and
refugee law etc.

 Emmanuel Ugirashebuja and others (eds), East African Community Law:

Institutional, Substantive and Comparative EU Aspects (Brill Nijhoff:
Leiden, 2017) chapters 1, 11 &12.
 Michael P Okom and Rose Ohiama Ugbe, ‘The Right of Establishment
under the ECOWAS Common Market Protocol’ (2016) 2 International
Journal of Law 40.
 Wama Marobe, ‘The Dynamics and Fallout of East African Community
Common Market: Trade aspect and Citizens' Rights’, (2014) 2 Greener
Journal of Political and Social Sciences 31.
 Check, N. A. ‘Free Movement of Persons, Right of Residence and Right of
Establishment and Agenda 2063: What Policy Options for South
Africa’, (2022) African Journal of Public Affairs 129.
 B Ladau et al, ‘Free and Safe Movement in East Africa: Report on
Promoting the Safe and Unencumbered Movement of People across East
Africa’s International Borders’, (2018) Open Society Foundations 14.
 E. Durojaye, “Between a Rock and a Hard place: (Un)balancing the Public
Health Interventions and Human Rights Protection in the COVID 19 era in
South Africa’, (2022) The International Journal of Human Rights 332.

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  A.O. Maunganidze, ‘Freedom of Movement: Unlocking Africa’s
Development Potential’, (Policy Brief 111, December 2017).
 Michael Dompierre, ‘Role of Unions in African Economic Development,’
(1986) 24 The Developing Economies 71.
 Priscah Nyotah, Edwin Abuya and Francis Situma, ‘A False Promise: The
Right of Establishment for East Africa Community Legal Persons’, (2023)
101 Cornell International Law Journal 56.
 Samuel Mukira Mohochi v Attorney General of the Republic of
Uganda, EACJ Reference No. 5 of 2011.
 British American Tobacco (U) Limited vs Attorney General of Uganda EACJ
Reference No. 7 of 2017.
 Steve Isaac Kawai & 2 Others v Council Of Legal Education & 2
Others (2021) eKLR.
 Media Council of Tanzania & 2 Others vs the Attorney General of the
United Republic of Tanzania EACJ Reference No. 2 of 2017.
 Oumarou Moumouni Ali vs Director General Kenya Citizens and Foreign
Nationals Management Services & 3 others [2020] eKLR.
 Egal Mohamed Osman v Cabinet Secretary, Ministry of Interior and Co-
ordination of National Government & 2 others [2015] eKLR.

SEMINAR EIGHT: FREEDOM OF CONSCIENCE, RELIGION, BELIEF AND OPINION

(WA)
- Unpacking and understanding the parameters of freedom of conscience, religion, belief
and opinion.
- Background and importance of diverse religions and belief systems in Kenya and
internationally e.g. Christians, Muslims, Hindus, Rastafarianism, scientology,
freemasonry, indigenous belief systems and atheists.
- Religious freedoms and importance of separation between religion and the state: Local
and international contestations .
- The place of gender, sexuality, religion and secularism in this discourse and its impact on
the human rights. framework.
- Religious freedom and challenges it presents in public and private education institutions,
healthcare (refusing treatment ), employment law, nuisance/noise from places of
worship and difficult religious co-existence resulting in social instability etc.
- The modern-day contemporary challenges to religious freedom and belief and
prospects..

 Makau wa Mutua, ‘Limitations on Religious Rights: Problematizing Religious

Freedom in the African Context’ (1999) 5 Buffalo Human Rights Law Review
75.
 Mukami Wangai, ‘Religious pluralism in practice: defining secularism in
Kenya’s headscarf cases’ (2017) 3 Strathmore Law Journal 1, 178.
 M.K. Mbondenyi, J.O. Ambani, The New Constitutional Law of Kenya:
Principles, Government & Human Rights (Nairobi 2012), 155.
 Christof Heyns and Danie Brand, ‘The Constitutional protection of religious
human rights in Southern Africa’ (2000) 33 The International Law Journal of
Southern Africa 53.
 John Bowers, ‘Accommodating difference; how is religious freedom
protected when it clashes with other rights; is reasonable accommodation
the key to levelling the field?’ (2021) 10 Oxford Journal of Law and Religion
275.
 A. Deagon, ‘The Name of God in a constitution: meaning, democracy, and
political solidarity’ (2019) 8 Oxford Journal of Law and Religion 473.

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  Brian Sang, ‘Constitutional Law and Islamic Hijabs in Kenya: The Supreme Court’s
Specious Constraints in Methodist Church in Kenya’, (2021) 10 Oxford Journal of Law and
Religion, 317.

 Gareth Anver Prince v South Africa, Communication 255/2002.

 JK (suing on behalf of CK) Board of Directors of R School & Anor (2014)
eKLR.
 SDA (EA) Ltd v Minister of Education and 3 others (2014) eKLR.
 Methodist Church in Kenya v Mohamed Fugicha & 3 others [2019] eKLR.
 Ojung’a v Healthlink Matcare Ltd t/a Nairobi Women Hospital [2023]
KEELRC 1607 (KLR) (29 June 2023).
 A B H v Board of Management [Particulars Withheld] Girls’ High School & 3
others Interested Party National Cohesion & Integration Commission
[2016] eKLR.
 Rose Wangui Mambo & 2 Others v Limuru Country Club &17 Others (2014)
eKLR.

SEMINAR NINE: SOCIO-ECONOMC ENTITLEMENTS (EA)

- Unpacking their meaning.
- Evaluating their content.
- Understanding their enforcement.

 Aime Tsinda et al, ‘Challenges ot Achieving Sustainable Sanitation in

Informal Settlements in Kigali, Rwanda’, (2013) 10 Int. J. Environ. Res.
Public Healh 6939.
 Contesse J and Parmo D, Access to Medical Treatment for People Living
with HIV/AIDS: Success Without Victory in Chile,’ (2008) SUR: International
Journal on Human Rights 143.
 Nicholas Wasonga, ‘The Place of the “Minimum Core Approach” in the
Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan
Constitution’, (2015) Journal of African Law 1.
 Diane Desierto, ‘Justiciability of Socio-Economic Rights: Comparative
Powers, Roles and Practices in the Philippines and South Africa’, (2009) 11
Asia-Pacific Law and Policy Journal 114.
 Phiona Mpanga, ‘Interpreting the Human Right to Water as a Means to
Advance its Enforcement in Uganda’, (2016) 16 African Human Rights Law
Journal 204.
 Manisuli Ssenyonjo, ‘Analysing the Economic, Social and Cultural Rights
Jurisprudence of the African Commission: 30 Years Since the Adoption of
the African Charter’, (2011) 29 Netherlands Quarterly of Human Rights
358.
 William Musembi & 13 Others v Moi Educational Centre [2021] e KLR.
 Residents of Chania Methodist Witemere Village v Attorney General [2016]
eKLR.
 Satrose Ayuma v. Regisered Trustees of the Kenya Railways Staff
Retirement Benefits Scheme [2013] eKLR.
 Republic v Kenya National Examinations Council & another ex-parte
Audrey Mbugua Ithibu [2014] eKLR.

SEMINAR TEN: CONTINUOUS ASSESSMENT TEST

SEMINAR ELEVEN: CORRUPTION－IMPACT AND INTERVENTION (EA)

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- Understanding ‘corruption’.
- Exploring its impacts.
- Examining intervention strategies.

 Mbaku J, ‘International Law and the Fight against Bureaucratic Corruption in

Africa’ [2016] 33, Arizona Journal of International and Comparative Law 661.
 Schram A et al, ‘Corruption: A Cross-country Comparison of Contagion and
Conformism’ [2022] 193, Journal of Economic Behaviour and Organization.
 D’Arcy M et al, ‘Devolution and Corruption in Kenya: Everyone’s Turn to Eat’
[2016] 115:459, African Affairs 1.
 Harrington J and Manji A, ‘Satire and the Politics of Corruption in Kenya’
[2013] 1:21, Social & Legal Studies 1.
 Heywood M, ‘Combatting Corruption in the Twenty-First Century: New
Approaches’ [2018] 10, Dædalus, the Journal of the American Academy of
Arts & Sciences 83.
 Mousavi P et al, ‘Administrative Corruption: Ways of Tackling the
Problem’[2013] 2:3 European Online Journal of Natural and Social Sciences
178.
 Onyango G, ‘Whistleblowing Behaviours and Anti-corruption Approaches in
Public Administration in Kenya’ [2021] 9:2 Economic and Political Studies
230.
 Zinovyeva E et al, ‘Ways to Combat Corruption in the Municipal Service
System’ [2020] 498 Advances in Social Science, Education and Humanities
Research 453.
 Lugulu J, ‘Tackling Bribery in Accessing Kenyan Citizenship: Towards
Implementing and Enforcing Anti-Corruption Measures’ [2023] 7 Journal of
Anti-Corruption Law 41.
 Ricardo G et al, ‘The experience and perception of corruption: A comparative
study in 34 societies’ [2019] International Journal of Sociology 222.
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