Protection of human rights, not a preserve of courts alone
NAIROBI. Monday, December 8, 2025. Protection of human rights, not a preserve of the courts alone
Realization of the Bill of Rights is a collective effort that requires collaboration and partnership among the three arms and two levels of government, chair of the Senate Standing Committee on Justice, Legal Affairs and Human Rights, Senator Hillary Sigei has said.
Speaking when he officially opened the 2025 High Court Human Rights Summit in Nairobi, Senator Sigei explained that the protection of human rights, cannot be left to the Courts alone but instead requires harmonised leadership: ethical, disciplined, and forward-looking.
He noted for instance that difficulties experienced in implementation of the African Court judgment in the situation of the Ogiek people remain a sobering reminder that judicial pronouncements often require coordinated State action to become reality.
He highlighted resource constraints, institutional fragmentation, emerging social tensions and implementation gaps as challenges that continue to undermine the impact of many progressive decisions.
He acknowledged the important role played by the High Court as the primary guardian of respecting, protecting, promoting and fulfilling human rights, and to redress any violation, threat or infringement, the Senator noted that the High Court has continued to discharge this duty with jurisprudential courage adding that decisions the court has rendered demonstrate a Judiciary attuned to contemporary human-rights concerns and willing to confront institutional inertia, social prejudice and policy gaps.
“The Court has rendered decisions that have affirmed the legal identity, health rights and non-discrimination of intersex persons and other marginalized groups, protected the freedom of citizens to lawful assembly, to picket and to present petitions before state authorities, and deepened protections related to privacy, data protection and lawful surveillance.”
He assured that Parliament is ready to work with the Judiciary and all actors in advancing sustainable justice reform and safeguarding the dignity of every Kenyan. He said it has also continued to strengthen the human-rights architecture through legislation, oversight and budgetary stewardship.
He called for continued building of a Republic where power is exercised with humility, where leadership is guided by integrity, where citizens are protected by the law and not endangered by it, and where institutions anchor, rather than distort, the constitutional promise.
“Let us commit to greater respect for constitutionalism, unwavering fidelity to the rule of law, ethical leadership at every level of public life,” said Senator Sigei.
He asked leaders in the Executive, Legislature and Judiciary, to model the constitutional morality, standards and benchmarks they expect from the citizenry.
“We must speak consistently against violations of rights, whether committed by State agencies, private actors or even the public during political contestation. We must affirm that constitutionalism is not a shield for some: it is a responsibility for all,” he said.
He averred that this year’s theme — “Upholding Human Dignity: Ethical Leadership as a Pillar of Constitutionalism” —reminds each arm of government that constitutional authority is not an entitlement; but a moral responsibility anchored in integrity, fidelity to the rule of law, and respect for the inherent worth and dignity of every Kenyan.
Chief Registrar of the Judiciary Winfridah Mokaya noted that the summit comes at a time when public trust in governance institutions is declining.
She assured that the Judiciary will continue to stand as the national citadel of hope— a place where citizens burdened by injustice find a wellspring of integrity, discipline, and moral courage.
She said when the Constitution elevates ethics to an entire chapter—Chapter Six, this is not accidental but a clear instruction from the people of Kenya that integrity, accountability, and moral clarity must define public service.
High Court Principal Judge Eric Ogola noted that this year’s theme aligned with the transformative vision of the Constitution saying that the summit provides an opportunity to explore ethical leadership in depth, considering how principled leadership across all public institutions strengthens constitutionalism and ensures that 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 assured.
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