This archive report was first published on 6 October 2019.
Published on October 6, 2019, President Uhuru Kenyatta highlighted the progress made in the quest to deliver on the Sustainable Development Goals and cited the obstacles Kenya faces.
Resource availability and commitment to the rule of law are two important prerequisites for the achievement of the goals and ensuring justice for all in society.
The Constitution recognises that social, economic and ecological rights are part of human rights, with Article 42 dealing with the ecological right of a clean and healthy environment and Article 43 covering socio-economic rights.
Despite their guarantee, enjoyment of these rights is faced with several hurdles, and citizens have options of ensuring that their rights are respected, promoted and protected.
Strategic litigation is an important tool for helping secure social, ecological and economic justice, involving the use of the law and litigation to address issues with wider societal impact beyond the parties before the court.
What makes it strategic is the intended impact of the litigation, requiring deep thought and determination of the most appropriate tactics to employ to achieve the desired goal.
At an international conference organised by the University of Nairobi and Oxfam, it was recognised that law is an important tool for achieving justice, but it requires to be used creatively and not in its traditional sense.
Strategic litigation offers an opportunity to use the law to protect the rights of wider society, especially the poor and marginalised, but it requires a progressive judiciary and a united and engaged community.
