UNIVERSITY OF NAIROBI

SCHOOL OF LAW
GPR 219: INTERNATIONAL HUMAN RIGHTS LAW
SEMINAR OUTLINE: 2022/2023 ACADEMIC SESSION

COURSE CO-ORDINATOR:
A/PROF. EDWIN ABUYA
(Edwina@uonbi.ac.ke)

SEMINAR TIMES: MON (8-11 A.M.) and WED

(5:30-8:30 P.M.)

Can you for a moment imagine a world without rights? How would it be living in such an
environment? Would you take any step to improve the current situation? What measures
would you take? To whom would you appeal? Why? What remedies would you expect the
duty bearer to hand down? Put differently, why should you be accorded any right? Which
right(s) do you consider fundamental? Against whom would you claim this/these right(s)?
What is the extent of this obligation? What remedies would you seek if a duty bearer fails to
discharge its legal obligation, and where? This course seeks to respond to these key questions.
Overall, the course examines the protection of your civil liberties.
Owing to time considerations, this course cannot cover all the human rights, which
are covered by international treaties and domestic legislation. Rather, it will consider a
number of important contemporary issues. In the first seminar we will introduce the concept of
human rights law. We will also consider the origins of human rights. The second seminar will
evaluate issues surrounding the enforcement of human rights. If your clients‘ rights are infringed, in
which forum/fora would you advise them to seek relief? What would be the basis of your reasoning? In
seminar three, we will discuss the concept of Ubuntu—one of the theories for grounding a rights-based
argument. This will be followed by a discussion on whether human rights are the same everywhere,
and at all times. Put in another way, do human rights exist everywhere in the world and does
the concept of human rights mean the same thing to everyone—male and female—the world
over?
The remainder of the course will focus on specific rights. First, we will look at the
right of access to information. Remember the saying: information is power? In this seminar we
will explore the rationale for this right, as well as the procedural framework for enforcing it.
Thereafter, we will focus on the freedom of expression. With the emergence of internet
around the world, does freedom of expression extend to those who are within this space?
What happens when countries shut down internet access? Importantly, in this seminar we will
also discuss the concept of criminal defamation. Using the East African Community as a case
study, the next seminar (7) will review the rights that are due to citizens of this regional block.
Several questions come to mind: Which rights do they have? Where are these located? Who
are the duty bearers? What are their fundamental obligations? In instances of breach, what
remedies are available? Thereafter, we will discuss the rights of those who those who are at
risk of stateless, intersex persons and those who have been incarcerated. We will ask ourselves a
similar set of questions. In the context of prisoners in particular, the fundamental question is
whether this cohort of individuals loose their rights when incarcerated. If not, which right(s)
do they retain? Throughout the discussions in this course gender issues that arise will be
highlighted and addressed. It is also important that you bear in mind the entitlements due to
persons with disabilities.
At the end of this course it is expected that you will be able to appreciate theoretical
perspectives of the rights discourse. I also expect you to apply the principles learnt to

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practical circumstances. Upon successful completion of this course you should also be
conscious of the idea of justice. You should also be able to have a solid grasp of the rights
discourse and the various modes of enforcement. Further this course aims at improving your
research, language, analytical, communication (oral and written) and problem-solving skills.
Through-out the course you will be expected to conduct yourself as a professional.
Regular seminar attendance is mandatory. Missing even one class means that you miss
an entire piece of information. This gap will definitely undermine your overall understanding of
whole areas of issues covered by the syllabus. If you do not meet the attendance requirement,
I am afraid I will not grade your paper. For avoidance of doubt, you must meet the
attendance thresh- hold by the time of the Continuous Assessment Test and final exam.
While seminars will be run online, I reserve the right to call on any student to respond
to any question. In other words, you must prepare for each seminar in advance by reviewing
all the readings in this outline. I suggest you work in teams in order to obtain a wide
understanding of the subject matter. In the real-world teamwork is a vital tool. You will have a
hard time in the seminars, if you fail to read the material in advance. Failure to engage with
the readings will definitely impact your professional life. You are encouraged to draw on
your practical experience, as a way towards enriching discussions. Mind you, we all have
something to share. The materials that are contained in this outline are not exhaustive. Thus, I
expect you to research widely in order to widen your scope of understanding of issues as well
as enrich seminar discussions as well as your future life as a legal advisor.
There will be one Continuous Assessment Test (30 marks) and an end of semester
examination (70 marks). Both will be open book and conducted in keeping with the prevailing
University rules and regulations on examinations. I will grade papers for to those who have
satisfied the University Rules and Regulations. It is in your interest, therefore, to ensure you
enroll for the course at your earliest opportunity. Two, ensure that you comply with all
examination rules. To achieve a pass in this course you must obtain at least 40 marks. Even so, I
strongly recommend that you aim high. You are aware that excellent grades have an impact on
your future. Dates and times of each assessment will be communicated in advance.

An ‗A‘ paper:
 Is creative in terms of how it approaches the issue;
 Is sufficiently supported by citing to relevant authorities;
 Is well written in terms of grammar and punctuation;
 Demonstrates evidence of deep research and appreciation of the material;
 Identifies the disposable issues and applies them to the fact pattern; and
 Has superior analysis.

I operate an open door policy. If you have any question relating to this course or issue that I
need to take on board, send me an email. I endeavour to respond within the shortest time
possible. The links for the seminar are: https://us02web.zoom.us/meeting/register/tZIvf-
yrpz0pE9bbgfCIdqtV6Zs0IFl-7gTX (day class) and
https://us02web.zoom.us/meeting/register/tZYqfuqqpjMvE93u5_PdbLafZeWBIJj7MiCi
(evening class). It is in your interest to register as soon as possible.

SEMINAR ONE: INTRODUCTION TO INTERNATIONAL HUMAN RIGHTS

LAW/CONTESTED HISTORY OF THE MOVEMENT

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  Morris Mbondenyi, International Human Rights and their enforcement in Africa (2011) Law Africa
pages 14 – 126.
 Marie-Bénédicte Dembour, ‗What Are Human Rights? Four Schools of Thought,‘ (2010)
32(1) Human Rights Quarterly 1.
 Anna Grear, ‗‗Framing the project‘ of international human rights law: reflections on
the dysfunctional ‗family‘ of the Universal Declaration‘ in Conor Gearty and Costas
Douzinas (eds), The Cambridge Companion to Human Rights Law (CUP, 2012), 17-35.
 Susan Marks, ‗Human Rights and Root Causes,‘ (2011) 74 Modern Law Review 57.
 Makau Mutua, ‗Savages, Victims and Saviors: The Metaphor of Human Rights‘, (2001) 42
Harvard International Law Journal 201.
 Mark Goodale, ‗The Myth of Universality: The UNESCO ―Philosophers‘ Committee‖ and
the Making of Human Rights,‘ (2018) 43(3) Law & Social Inquiry 596.
 Samuel Moyn, ‗The Future of Human Rights‘, (2014) 20 Sur: International Journal on
Human Rights 1.

SEMINAR TWO: REALIZING YOUR RIGHTS—VARIOUS MODELS

 Jotham Arwa, ‗Litigating Socio-Economic Rights in Domestic Courts: The Kenyan
Experience,‘ (2013) 17 Law Democracy & Development 419.
 Saman Zia-Zarifi, ‗Suing Multinational Corporations in the U.S. for Violating
International Law‘, (1999) 4 UCLA J of Intl L and Foreign Affairs 81.
 Mark Massoud, ‗Do Victims of War need International Law? Human Rights
Education Programs in Authoritarian Sudan‘, (2011) 45 Law and Society Review 1.
 Johanna Fournier, ‗Reservations and the Effective Protection of Human Rights‘,
(2010) 2 Goettingen J of Intl L 437.
 Ingrid Nifosi-Sutton, ‗The Power of the European Court of Human Rights to Order
Specific Non-Monetary Relief: A Critical Appraisal from a Right to Health
Perspective‘, (2010) 23 Harvard Human Rights Journal 51.
 Edwin Abuya and Jane Githinji, ‗Access to University Education by Learners with
Physical Disabilities: Combating the Barriers, (2020-2021) 27 Buffalo Human Rights
Law Review 1.
 United Nations Office of Drugs and Crime, Justice as Freedom: Traditional, Informal and
Other Mechanisms for Dispute Resolution in Kenya (2020), available online.
 Anarita Karimi Njeru v R (1979) KLR 154.
 Martha Wangari Karua v AG, EACJ Reference No. 20 of 2019.
 James Otieno-Odek, ‗Judicial Enforcement and Implementation of EAC Law‘ in
Emmanuel Ugirashebuja and others (eds), East African Community Law: Institutional,
Substantive and Comparative EU Aspects (Brill Nijhoff: Leiden, 2017) chapter 15.

SEMINAR THREE: THEORIZING HUMAN RIGHTS—THE UBUNTU SCHOOL OF

THOUGHT
 Nyasha Mboti, ‗May the Real Ubuntu Please Stand Up‘, (2015) 30 Journal of Media
Ethics 125.
 Andani Thakhathi and TG Netshitangani, ‗Ubuntu-as-Unity: Indigenous African
Proverbs as ‗re-educating‘ Tool for Embodied Social Cohesion and Sustainable
Development‘, (2020) 18 Africa Identities 407.
 Peter Mwipikeni, ‗Ubuntu and the Modern Society‘, (2018) 37 South African J of
Philosophy 322.
 Gessler Nkondo, ‗Ubuntu and Public Policy in South Africa: A Conceptual
Framework‘, (2007) 2 International J of African Renaissance Studies 88.

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  Mzamo Mangaliso et al, ‗Contextualizing Organizational Change Management in
Africa: Incorporating the Core Values of Ubuntu‘, (2021) 17 Journal of African Business
1.
 Thaddeus Metz, ‗Ubuntu as a Moral Theory: Reply to Four Critics‘, (2007) 26 South
African J of Philosophy 369.
 Munyaradzi Mawere, ‗Buried And Forgotten But Not Dead‘: Reflections On ‗Ubuntu‘
In Environmental Conservation In Southeastern Zimbabwe‘, (2012) 3 Afro Asian
Journal of Social Sciences 1.

SEMINAR FOUR: ARE HUMAN RIGHTS UNIVERSAL?

 Jack Donnelly, ‗Human Rights and Human Dignity: An Analytical Critic of Non-
Western Conceptions of Human Rights‘, (1982) 76 American Political Science Review 303.
 Surya Subedi, ‗Are the Principles of Human Rights "Western" Idea? An Analysis of the
Claim of the "Asian" Concept of Human Rights from the Perspectives of Hinduism‘,
(1999) 30 California Western International Law Journal 45.
 Kristin Miller, ‗Human Rights in Iran: The Universalist Approach and the Relativist
Response‘, (1996) 10 Emory International Law Review 779.
 Karin Mickelson, ‗How Universal is the Universal Declaration?‘, (1998) 47 University of New
Brunswick Law Journal 19.
 Fernando Teson, ‗International Human Rights and Cultural Relativism‘, (1984-1985) 25
Virginia J of Intl L 869.
 Matthew Ritter, ‗Human Rights: The Universalist Controversy. A Response to are the
Principles of Human Rights ―Western‖ Ideas? An Analysis of the Claim of the "Asian"
Concept of Human Rights from the Perspectives of Hinduism by Dr. Surya P.
Subedi‘, (1999-2000) 30 California Western International Law Journal 71.
 Steven Murray and Will Roscoe (eds), Boy Wives and Female Husbands: Studies of African
Homosexualities (Palgrave, New York, 1998).
 William Vlcek, ‗Crafting Human Rights in a Constitution: Gay Rights in the Cayman
Islands and the Limits to Global Norm Diffusion‘, (2013) 2 Global Constitutionalism 345.
 Godfrey Kangaude, ‗Adolescent Sexual and Reproductive Health and Universal
Health Coverage: A Comparative Policy Analysis of Ethiopia, Malawi and Zambia‘,
2020 (28) Sexual and Reproductive Health Matters 1.

SEMINAR FIVE: TOWARDS A TRANSPARENT SOCIETY−THE RIGHT OF ACCESS

TO INFORMATION
 Martial Pasquier and Jean-Patrick Villeneuve, ‗Access to Information in Switzerland: From
Secrecy to Transparency‘, (2006) 2 Open Government 1.
 Denis Katebire, ‗Access to Information, Gender Participation and Good Governance
in Uganda, (2008) 14 East African Journal of Peace and Human Rights 14.
 Omotesho KF et al, ‗Assessment of Access to Information and Communication
Technology Among Agricultural Extension Officers in Kwara State, Nigeria‘, (2012) 2
Asian Journal of Agriculture and Development 220.
 Sam Phiri, ‗Access to Information Law and the Stalled ‗Winds of Change‘ in Zambia‘,
(2016) 42 Communicatio 35.
 Edwin Abuya, Realizing the Right of Access to Information: What Should
Stakeholders be on the Look Out For? in Fatima Diallo and Richard Callan, (eds), Access to
Information as a Catalyst for Social Change in African Countries (BRILL: Leiden, 2013) 215-244
(available online).
 Proscovia Svard, ‗Has the Freedom of Information Act Enhanced Transparency and
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 the Free Flow of Information in Liberia?‘, (2018) 34 Information Development 20.
 Edwin Abuya, ‗Promoting Transparency: Courts and Operationalization of the Right
of Access to Information in Kenya‘, (2017) 46 Common Law Review 112.
 Peter Siyao, ‗Barriers in Accessing Agricultural Information in Tanzania with a
Gender Perspective: The Case Study of Small-Scale Sugar Cane Growers in Kilombero
District‘, (2012) 51 The Electronic Journal on Information Systems in Developing Countries 1.
 Katiba Institute V President Delivery Unit (2017) eKLR.
 Dock Workers Union of Kenya v Kenya Ports Authority; Portside Freight Terminals Limited
& Another [2021] eKLR.
 Charles Apudo Obare & another v Clerk, County Assembly of Siaya & another [2020] eKLR.
 Republic v Sam Nthenya, Chief Executive Officer, Nairobi Women's Hospital & Another Ex
parte Christine Nzula; Commission on Administrative Justice [2021] eKLR.
 Khalifa and Another v Secretary, National Treasury and Planning and 4 Others [2022]
eKLR.
 William Odhiambo Ramogi & 3 others v Attorney General & 4 others; Muslims for Human
Rights & 2 others [2020] eKLR.

SEMINAR SIX: FREEDOM OF EXPRESSION

 Solomon Rukondo, ‗‘My President is a Pair of Buttocks‘: The Limits of Online
Freedom of Expression in Uganda‘, (2018) International J of L and Information Tech 252.
 Stephen Haggard and Jong-Sung You, ‗Freedom of Expression in South Korea,‘
(2015) Journal of Contemporary Asia 167.
 Mostafa Essam Shaat, ‗Media Law in Egypt and the Universal Principles of Freedom
of Expression‘, (2015) Arab Media & Society 1.
 Robert Alai v The AG [2017] eKLR.
 Wilson Olal & 5 v The AG & [2017] eKLR.
 Jacqueline Okuta v The AG [2017] eKLR.
 Okiya Omtatah Okoiti v The AG [2013] eKLR.
 Chirau Ali Mwakere v Robert M Mabera [2012] e KLR.
 Cyprian Andama v DPP & Another; Article 19 East Africa (Interested Party) [2019] eKLR
 Wanuri Kahiu & Another v CEO, Kenya Film Classification Board – Ezekiel Mutua & 4 Others
[2018] eKLR.
 Kenya Human Rights Commission v Communications Authority of Kenya & 4 Others [2018] eKLR
 Communications Commission of Kenya & 5 Others v Royal Media Services Limited & 5 Others [2014] eKLR.
 Data Protection Act, 2019 (Kenya).
 The Bloggers Association of Kenya v the AG and Others [2020] eKLR.
 Nation Media Group Limited v Attorney General [2016] eKLR.

SEMINAR SEVEN: REGIONAL BLOCK ENTITLEMENTS—THE RIGHT OF

ESTABLISHMENT
 Emmanuel Ugirashebuja and others (eds), East African Community Law: Institutional,
Substantive and Comparative EU Aspects (Brill Nijhoff: Leiden, 2017) chapters 1, 11
&12.
 Michael P Okom and Rose Ohiama Ugbe, ‗The Right of Establishment under the
ECOWAS Common Market Protocol‘ (2016) 2 International Journal of Law 40.
 Wama Marobe, ‗The Dynamics and Fallout of East African Community Common
Market: Trade aspect and Citizens' Rights‘, (2014) 2 Greener Journal of Political and
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 Social Sciences 31.
 Check, N. A. ‗Free Movement of Persons, Right of Residence and Right of
Establishment and Agenda 2063: What Policy Options for South Africa‘, (2022)
African Journal of Public Affairs 129.
 B Ladau et al, ‗Free and Safe Movement in East Africa: Report on Promoting the Safe
and Unencumbered Movement of People across East Africa‘s International Borders‘,
(2018) Open Society Foundations 14.
 E. Durojaye, ―Between a Rock and a Hard place: (Un)balancing the Public Health
Interventions and Human Rights Protection in the COVID 19 era in South Africa‘,
(2022) The International Journal of Human Rights 332.
 A.O. Maunganidze, ‗Freedom of Movement: Unlocking Africa‘s Development
Potential‘, (Policy Brief 111, December 2017).
 Michael Dompierre, ‗Role of Unions in African Economic Development,‘ (1986)
24 The Developing Economies 71.
 Samuel Mukira Mohochi v Attorney General of the Republic of Uganda, EACJ Reference
No. 5 of 2011.
 British American Tobacco (U) Limited vs Attorney General of Uganda EACJ Reference No.
7 of 2017.
 Steve Isaac Kawai & 2 Others v Council Of Legal Education & 2 Others (2021) eKLR.
 Media Council of Tanzania & 2 Others vs the Attorney General of the United Republic of
Tanzania EACJ Reference No. 2 of 2017.
 Oumarou Moumouni Ali vs Director General Kenya Citizens and Foreign Nationals
Management Services & 3 others [2020] eKLR.
 Egal Mohamed Osman v Cabinet Secretary, Ministry of Interior and Co-ordination of
National Government & 2 others [2015] eKLR.

SEMINAR EIGHT: PROTECTION OF PERSONS AT RISK OF STATELESSNESS−A

DAUNTING TASK?
 Solomon Momoh et al, ‗Statelessness Determination Procedures: Towards a Bespoke
Procedure for Nigeria‘, (2020) 2 Statelessness and Citizenship Review 86.
 Raymond Atuguba and Others, ‗Statelessness in West Africa: An Assessment of Stateless
Populations and Legal, Policy, and Administrative Frameworks in Ghana‘, (2020) 8 Journal
on Migration and Human Security 14.
 Kenya National Commission on Human Rights (Edwin Abuya), Out of the Shadows: Towards
Ensuring the Rights of Stateless Persons and Persons at Risk of Statelessness in Kenya (2010).
 Mike Sanderson, ‗Statelessness and Mass Expulsion in Sudan: A Reassessment of
International Law‘, (2014) 12 Northwestern J of International Law 74.
 Caroline Swayer, ‗Not Every Child Matters: The UK‘s Expulsion of British Citizens‘,
(2006) 14 International Journal of Children’s Rights 157.
 Alison Harvey,‘ The UK‘s New Statelessness Determination Procedure in Context ‗, (2013)
7 Journal of Immigration Asylum and Nationality Law.
 UNHCR, Handbook on Protection of Stateless Persons (2014).
 UK Home Office, ‗Asylum Policy Instruction: Statelessness and Applications for Leave to
Remain‘, (February 2016).
 Donald Kerwin and Others, ‗Statelessness in the United States: A Study to Estimate
and Profile the US Stateless Population‘, (2020) 8 Journal on Migration and Human Security 150.
 John Mbaku, ‗Citizenship Laws and Political and Economic Participation in Africa‘, (2018)
43 North Carolina J of International Law 110.

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  Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples'
Rights, App No. 012/2015, 22 March 2018).
 Edwin Abuya, Registration of Persons at Risk of Statelessness in Kenya: Further
Problems or Solutions? in Tendayi Bloom and Lindsey Kinston (eds), Statelessness
and Governance: Rights, Identity and Citizenship (Manchester University Press:
Manchester, 2021) 249-261.

SEMINAR NINE: INTERSEX PERSONS−ANY ENTITLEMENTS?

 Kuria M.W. and Maranya S.G., ‗The Legal Impunity for Gender Based Violence
Against Intersex, Transgender, And Gender Diverse Persons In Kenya: A Legal
Recognition Issue For The African Human Rights System,‘ (2022) Stellenbosch Law
Review Journal 1.
 Cinyere E, ‗Deconstructing the Body: Transgender and Intersex Identities and Sex
Discrimination: The Need for Strict Scrutiny,‘ (2011) Columbia Journal of Gender and
Law 141.
 Edgerton R, ‗Pokot intersexuality: An East African Example of the Resolution of
Sexual Incongruity‘, (1964) American Anthropological Association 66.
 Klein T, ‗Querying Medical and Legal Discourses of Queer Sexes And Genders In
South Africa‘ (2008) Anthropology Matters Journal 1.
 Nthumba, P. M., L. L. Carter, and D. Poenaru. ‗Ambiguous Genitalia in Rural Africa
and the Complexities of Management: Which way Forward?‘, (2008) East and Central
African Journal of Surgery 51.
 Thoreson R, ‗Beyond Equality: The Post-Apartheid Counternarrative of Trans and
Intersex Movements in South Africa‘ (2013) 112 African Affairs 646.
 Baby A and Another v. AG [2014] e KLR.
 EG & 7 others v Attorney General consolidated with DKM & 9 others consolidated with
Katiba Institute & another [2019] eKLR.
 R.M v. AG & 4 Others [2010] eKLR.
 Republic v Kenya National Examinations Council & another ex-parte Audrey Mbugua
Ithibu [2014] eKLR.
 Ryan White, ‗Preferred Private Parts: Importing Intersex Autonomy for M.C. v
Aaronson‘, (2014) Fordham Int’nl L J 777.
 Mokgadi Caster Semenya v International Association of Athletics Federations, CAS
2018/O/5794, and Athletics South Africa v International Association of Athletics
Federations, CAS 2018/O/5798 (handed down 30 April 2019).

SEMINAR TEN: CONTINUOUS ASSESSMENT TEST

SEMINAR ELEVEN: INCARCERATED PERSONS−ANY RIGHTS?

 Godfrey Kangaude, ‗A Sexual Rights Approach to Addressing Gender-Based Violence Among
Male Prisoners in Malawi‘, (2014) 14 African Human Rights LJ 1.
 Daniel Branch, ‗Imprisonment and Colonialism in Kenya, c. 1930-1952: Escaping the Carceral
Archipelago‘, (2005) 38 International J of African Historical Studies 239.
 Mohamed Msoroka and Others, ‗Prison Education in Tanzania: Policy versus Practice‘, (2018)
10 Journal of Issues and Practice in Education 38.
 Leonard Rubinstein and Others, ‗HIV, Prisoners and Human Rights‘, (2016) 388 Lancet 1202
 Ibrahim Danjuma and Others, ‗Prisons‘ Condition and Treatment of Prisoners in Nigeria:
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 Towards Genuine Reformation of Prisoners or a Violation of Prisoners‘ Rights?‘, (2018) 44
Commonwealth Law Bulletin 90.
 Dior Konate, ‗―When Words Mean a Lot‖: The Experiences of Female Prisoners in Senegal
and the Effects of the Incarceration on their Families‘, (2013) 11 Wagadu: A J of Transnational
Women’s and Gender Studies 20.
 Daniel Ng’etich and 2 Others v AG and 3 Others Petition No. 329 of 2014 (Mumbi J) (delivered 24
March 2016).
 Gitobu Imanyara and 2 Others v AG Civil Appeal No. 98 of 2014 (Visram, Sichale and
Mohammed JJA) (delivered 19 May 2016).
 Samuel Chege Gitau & 283 Others v AG Cause No. 2212 of 2012 (Nderi J) (delivered 15 April
2016).
 Kituo Cha Sheria v IEBC and Another Petition No. 574 of 2012 (Majanja J) (delivered 21 January
2013).
 Mbugua v Republic Mombasa Criminal Case No. 323 of 2002 (Tutui J).
 Edwin Abuya and Grace Mburu, ‗Prisoners in Kenya−Katika Tundu La Sindano‘, (2016) 11
The Journal of Comparative Law 1.
 Lantonirina Ravaoarisoa and Others, ‗Nutritional Status of Female Prisoners in
Antaniroma Prison, Madagascar‘, (2019) 33 The Pan African Medical Journal 119.
 Kelemework Adane and Others, ‗Tuberculosis Knowledge, Attitudes, and Practises
Among Northern Ethiopian Prisoners: Implications for TB Control Efforts‘, (2017) Plos
One 1.
 Persons Deprived of Liberty Act, No. 23 of 2014.

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