Sources of Kenyan Bill of Rights (Art. 32-34) and Media advocacy for the Rights and Freedoms Guaranteed in the Constitution
Journal Title: Scholars Bulletin - Year 2017, Vol 3, Issue 11
Abstract
Abstract:This paper is an analysis of articles 32 (freedom of conscience, religion, belief and opinion), articles 33 (freedom of expression) and article 34 (freedom of media) under Chapter 4 (Bill of Rights) of the Constitution of Kenya. The aim is to identify international human rights instruments from which these articles’ provisions were borrowed and domesticated.The questions to be answered are: (1) Which international human rights instruments contain provisions similar to articles 32, 33 and 34 of the Constitution of Kenya? (2) What are the exceptions when trying to claim the right to these freedoms? (3) What is the role of media in entrenching these freedoms and provisions? In addition (4), what are some cases in Kenya that relate to these provisions or their violations and how has media handled them? This being an analytical paper, the data collection was based on archival records (of media reports and investigative documentaries) where the main document is the constitution of Kenya. The Inter-pretivist approach is used to get sense and meaning of the selected articles of the constitution of Kenya. The paper demonstrates that the Kenyan constitution is a hybrid of various IHR instruments making it among the best law of the land, especially on the bill of rights. Like any other bill of rights provisions, the KBR has limitations that individuals and institutions need to understand in order to enjoy the provisions of the analyzed articles. It was also demonstrated that the media has the highest obligation, as a cultural institution to not only inform and educate the populace about the constitution but more on advocating for the adherence of the provisions by state organs and other institutions in the land as demonstrated by especially investigative reports of human rights violations in Kenya. Keywords:Hybrid of international legal instruments, Domesticated, IHR instruments
Authors and Affiliations
Michael M Ndonye, Vivian Nyaata
Keywords
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