Human Rights and Economic Systems : Kenya’s Economic Policy and the Realisation of Socio-Economic Rights

Abstract

This thesis unpacks relationship between economic policy formulation and implementation and the realisation of socio-economic rights. The paper provides an overview of the history of the economic system and policies in Kenya. It then conducts an in-depth analysis of the economic system and policy direction envisioned under the 2010 Constitution and the current development agenda to determine how far they align with the aim of realising socio-economic rights for all.

The paper establishes that the Constitution of Kenya 2010 sets the foundation for an egalitarian mixed economy, setting human rights as a core consideration in the development and implementation of economic policy. However, while the overarching development goals appear to centre on human flourishing, the economic policies implemented in practice were found to have failed to achieve these ends due, at least in part, to the misalignment with human rights principles and obligations. Overall, the deep-rooted neoliberal capitalist elements of the system contribute to the nominal incorporation of human rights, and the focus on GDP growth at the expense of genuine progress in terms of well-being for the people. The paper recommends shifting to a rights-centred approach to development and specific reforms to fiscal and debt policy.