The legal perspective of human rights and development in Kenya.

Abstract

This study aimed to understand the legal perspective of human rights and development in Kenya. The primary legal obligation of Human rights and development and the right to development, in particular, is well captured in the various international treaties that form the Universal Bill of rights under the customary international law. The subject of Human rights and development is, therefore, a continuously growing jurisprudence in Kenya and in the world at large. The realization of the right to development remains a challenge in Kenya. This has been guided by three main objectives. To examine the relationship between development and human rights, to investigate the existing legal frameworks that incorporate development and Human rights in Kenya, and finally to examine the challenges and opportunities of Human Rights and Development in Kenya. The study relied on a descriptive survey design using both qualitative and quantitative forms of data. Primary data was collected through the use of questionnaires well as the structured interview. Secondary data was collected through newspapers, reports, journals, and students' thesis in repositories. The right to development sees development not only as economic growth but the general well-being of all individuals. The legal aspects of the right to development as a human right can be drawn from the Charter of the United Nations (CUN) and the International Bill of Human Rights (IBHR) the integration of the right to development with other human rights. There has been documentation of a number of international and regional laws on human rights and development. These laws have been the guiding principles of the right to development. The study recommends that the right to development to be incorporated in the constitution of Kenya. There is also a need to introduce a new development model in Kenya that will ensure that the right to development is realized.