The International Commission of Jurists (ICJ) Kenya, in collaboration with the Kenya Judiciary Academy and the Center for Reproductive Rights, has unveiled the “Right to Health Bench Book: Select Decisions, Issues, and Themes.” The publication is set to be a crucial tool for judges, legal practitioners, and human rights defenders as they address complex legal issues surrounding the right to health.
The launch event, which took place in Nairobi, underscored the importance of the Bench Book as a key legal resource that aims to improve the judiciary’s adherence to both national and international standards on health rights. The publication is designed to support legal professionals in handling cases related to healthcare, ensuring uniformity and fairness in rulings.
ICJ Kenya’s Deputy Executive Director, Demas Kiprono, emphasized the significance of the Bench Book in advancing human rights and promoting judicial consistency. “The Bench Book will serve as a vital legal resource for judges and other judicial officers on matters relating to the right to health,” said Kiprono. “It is intended that the Bench Book will equip judicial officers, advocates, legal scholars, paralegals, government, civil society actors, and the public with knowledge and information on emerging jurisprudence on the right to health in Kenya.”
The publication draws on recent Kenyan case law and integrates international legal frameworks, offering comprehensive guidance on health-related legal issues. Topics covered in the Bench Book include reproductive healthcare, mental health, environmental health, and the social determinants of health, reflecting the diverse facets of the right to health.
Supreme Court Justice Smokin Wanjala, who also addressed the gathering, highlighted the Bench Book’s potential to promote consistency in judicial decisions related to health matters. “The Bench Book will serve as a reference point for judicial officers, ensuring consistency and equity in rulings related to the right to health,” said Wanjala.
The development of the Bench Book marks a collaborative effort to strengthen legal frameworks around health rights, aiming to bridge gaps in judicial knowledge and improve legal outcomes for individuals seeking justice in health-related cases. By equipping legal practitioners with a deeper understanding of health rights jurisprudence, the publication seeks to reinforce uniform decision-making in courts across Kenya.
The launch by Judiciary also underscores a broader commitment to upholding the right to health, which is enshrined in both Kenyan law and international agreements. As health issues become more complex and intertwined with other aspects of society, such as environmental and social determinants, the Bench Book will provide essential guidance to legal professionals navigating these evolving challenges.
With this new resource, ICJ Kenya, the Kenya Judiciary Academy, and the Center for Reproductive Rights have taken a significant step toward enhancing judicial capacity, ensuring that the right to health is upheld and protected for all Kenyans.
