Inaugural High Court Human Rights Summit.

The Hon. Chief Justice Officially opened the Inaugural High Court Human Rights Summit. The Summit affords the High Court and Stakeholders a chance to reflect, discuss, and share insights on addressing issues that relate to contemporary human rights landscape in Kenya.

The promulgation of the Constitution of Kenya in 2010 marked a profound and transformative moment in our nation’s history – a moment when we, as a people, resolved to enshrine the dignity, rights, and freedoms of every individual at the core of our governance framework. Over the past 14 years, the High Court has firmly established itself as the custodian of the Bill of Rights, interpreting and applying the Constitution in ways that ensure its transformative promises are realized for all Kenyans.

One of the High Court’s significant achievements is its defense of the right to peaceful assembly and protest. At a time when courts in other jurisdictions may have turned a blind eye or sanctioned heavy-handed approaches, the High Court of Kenya courageously intervened to a chart a delicate balance between law enforcement and the constitutional right to peaceful protests.

The Court’s decisions during the mass protests witnessed in the country in July and August of this year are a case in point. By holding law enforcement accountable and upholding citizens’ rights, the High Court showcased a judicial system that is not only robust but also conscious of its role as a defender of democracy and fundamental freedoms.

The High Court’s proactive application of the right to habeas corpus is another commendable example. In cases involving enforced disappearances and extrajudicial actions, the Court has not hesitated to issue orders compelling law enforcement agencies to produce individuals unlawfully detained. This commitment breathes life into constitutional guarantees and sends a strong message against impunity.

The High Court has also made significant strides in ensuring the right to adequate housing is not violated. In landmark judgments, it has emphasized that evictions, when inevitable, must be carried out with dignity and respect for human rights. By foregrounding human dignity, the Court has made it clear that even the most marginalized citizens must be treated with compassion and fairness.

In championing the best interests of the child, the High Court has set an example for judicial sensitivity. Notable cases, such as the intervention by the High Court in Naivasha on a Sunday to review bail terms for children detained during the Maandamano, reflect the Court’s unwavering commitment to safeguarding the rights of the most vulnerable members of society.

The High Court has also developed trailblazing jurisprudence on the rights of intersex persons and other vulnerable groups. By expanding the boundaries of inclusivity, the Court has advanced the social justice agenda envisioned in our Constitution. These amongst other landmark judgments, shows the High Court of Kenya as a guardian of the Bill of Rights. However, despite the progressive and transformative human rights jurisprudence from the High Court and superior courts generally, Kenya still grapples with serious human rights challenges. I therefore urged the Judges of the High Court to remain relentless in enforcing the Bill of Rights, ensuring that the Constitution remains the Court’s true north, adapting its demands to changing times and promoting its promise of social transformation.