The realisation and protection of human rights in Kenya is a collective responsibility that cannot be left solely to the Judiciary, Chair of the Senate Standing Committee on Justice, Legal Affairs and Human Rights, Senator Hillary Sigei, has said.
Speaking on Monday when he officially opened the 2025 High Court Human Rights Summit in Nairobi, Sigei emphasised that the implementation of the Bill of Rights demands collaboration and partnership among the Executive, Legislature, Judiciary, and both levels of government.
He noted that human rights protection requires harmonised leadership—ethical, disciplined, coordinated, and forward-looking.
Sigei cited challenges surrounding the implementation of the African Court judgement on the Ogiek community as a stark reminder that judicial pronouncements often remain aspirational unless backed by unified State action.
He said resource constraints, institutional fragmentation, social tensions, and persistent implementation gaps continue to hinder the full effect of many progressive judicial decisions.
The Senator commended the High Court for its pivotal role as the primary guardian of human rights, responsible for respecting, protecting, promoting, and fulfilling the Bill of Rights.
He lauded the Court for demonstrating jurisprudential courage through decisions that address contemporary human rights concerns and confront social prejudice, institutional inertia, and gaps in public policy.
“The Court has rendered decisions affirming the legal identity, health rights and non-discrimination of intersex persons and other marginalised groups.
It has also protected the freedom of citizens to assemble, picket and petition authorities, while deepening protections related to privacy, data protection and lawful surveillance,” Sigei said.
He assured the Judiciary that Parliament is committed to working collaboratively with all actors in advancing sustainable justice reforms and safeguarding the dignity of every Kenyan.
Parliament, he added, continues to strengthen the human rights framework through legislative work, oversight, and responsible budgetary stewardship.
Sigei urged leaders across the three arms of government to model constitutional morality and uphold the ethical standards expected of all public servants.
He called for consistency in condemning rights violations, whether committed by State agencies, private entities, or members of the public during political contestation.
“We must affirm that constitutionalism is not a shield for the privileged few; it is a responsibility borne by all,” he said.
He noted that the Summit’s theme, “Upholding Human Dignity: Ethical Leadership as a Pillar of Constitutionalism”, serves as a reminder that constitutional authority is not an entitlement but a moral duty anchored in integrity, fidelity to the rule of law, and respect for the inherent dignity of every Kenyan.
Chief Registrar of the Judiciary, Winfridah Mokaya, said the Summit was being held at a time when public trust in governance institutions is declining.
She reassured participants that the Judiciary remains the nation’s citadel of hope—a place where citizens burdened by injustice can expect integrity, discipline and moral courage from judicial officers.
Mokaya also underscored the central role of ethics in public service, pointing out that the Constitution dedicates an entire chapter—Chapter Six—to integrity and ethical leadership.
This, she said, is a clear directive from Kenyans that public service must be anchored in accountability, transparency and moral clarity.
High Court Principal Judge Justice Eric Ogola said the Summit’s theme aligns with the transformative aspirations of the Constitution.
He noted that the forum provides an opportunity for deeper reflection on how ethical leadership across public institutions strengthens constitutionalism and ensures human dignity remains central to governance.
“We remain committed, as the High Court, to giving full effect to the principles of Chapter Six of the Constitution, ensuring that leadership at all levels upholds integrity, accountability and public trust,” Justice Ogola affirmed.
He added that the High Court will continue to interpret and apply the Constitution in ways that reinforce public confidence, protect rights, and ensure that justice is accessible, timely and responsive to the needs of all citizens.
By Joseph Ng’ang’a
