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The UN Convention on the Rights of Persons with Disabilities in PracticeA Comparative Analysis of the Role of Courts$
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Lisa Waddington and Anna Lawson

Print publication date: 2018

Print ISBN-13: 9780198786627

Published to Oxford Scholarship Online: July 2018

DOI: 10.1093/oso/9780198786627.001.0001

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(p.286) 10 Kenya
The UN Convention on the Rights of Persons with Disabilities in Practice

Elizabeth Kamundia

Oxford University Press

This chapter describes the use of the Convention on the Rights of Persons with Disabilities (CRPD) by Kenyan courts. The chapter analyses fourteen cases in which Kenyan courts have made reference to the CRPD and finds that there is a steady increase in the usage of CRPD provisions by Kenyan courts, particularly since the coming into force of the Constitution of Kenya in 2010 which transformed Kenya into a monist state. The most widespread use of the CRPD is to support a decision that would have been reached anyway, based on other sources; however, in a few cases, the CRPD has significantly impacted on court judgments. The vast majority of references to the CRPD in court cases were references to specific CRPD articles including Articles 2, 4, 5, 12, 26, 27, 28 and 29. Kenyan courts are not currently engaging in a transnational dialogue regarding the CRPD.

Keywords:   Kenya, Convention on the Rights of Persons with Disabilities (CRPD), court judgments, courts, disability, monist

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