Protect, respect and remedy: Access to judicial remedies for business-related human rights violations

Abstract

Business-related human rights abuses remain rampant in Kenya, and it is important to ensure that those affected have access to judicial remedies. This is an integral part of corporate respect for human rights. This chapter examines Principle 25 of the United Nations Guiding Principles on Business and Human Rights with particular reference to the States duty to protect against business-related human rights abuse that occurs within their jurisdiction. Through a transnational lens, this chapter analyzes the concept of access to judicial remedies by victims of corporate related human rights abuse within the Kenyan context. It analyzes the concept ergo the meaning of business and human rights as businesses operates in a transnational space. The first part will analyze the transnational space within which corporations operate as businesses no longer operate in purely national or international spaces. This chapter will further examine the role of corporations in respecting human rights and international standards and where there is breach, the need for ensuring access to relevant remedies. Case law is utilized to illustrate the gap between theory and practice - while Kenya has passed human rights laws, they are not effectively applied against business enterprises. The chapter concludes by reflecting on the lacuna which exists because the judiciary in Kenya has not clearly recognized the need for corporate respect for human rights and the need to transform the business landscape in Kenya to foster greater accountability.