Kenyans being denied socio-economic rights, says Attorney General Githu Muigai

By Robert Nyasato

Kenya: Socio-economic rights enshrined in the new Constitution are proving an uphill task for the Government to implement, Attorney General (AG) Githu Muigai has said.

 He said the constitution spelt out a raft of socio-economic rights but the State was constrained in enforcing them with diminishing resources and capacity.

 “Under the new Constitution, we are confronted by very noble claims but effecting them is posing a challenge,” he said.

 The AG spoke Monday when he officially opened a four day seminar on socio-economic and cultural rights jurisprudence for judges in East Africa at the Judiciary Training Institute, Nairobi.

 Citing the Value Added Tax (VAT) Bill debate, Muigai said there was need for policy makers and judicial officers to work together to strike a balance, noting there was clamour to  increase salaries of State employees but when it came to increasing VAT to fund such demands, it was rejected on grounds it would affect the vulnerable in society.

Balancing act

 “Where do we draw the lines as to who has a better right than the other,” he told the 50 judges attending the forum sponsored by the Germany Development Society.

 He said the topic under review was crucial in light of development of various societies in East Africa as regional democracies and economies grow raising questions over enforcement of rights provided in law.

 In his opening remarks, East Africa Judicial Education Committee (EAJEC) Chairperson, Justice Robert Makaramba of Tanzania lamented that when he joined law practice from the academia, he realised things they taught in class were not practical in the judicial system. 

“This is what turns judges to activists,” the Tanzanian high court judge said.

 Elisha Mwansasu, a judge of the Supreme Court of Burundi concurred with Justice Makaramba saying theological issues never worked in legal practice.

 On his part, Judicial Training Center chair, Justice Richard Buteera of Uganda said EAC institutions should forge harmony.