Republic of Kenya v. Minister for Home Affairs and Others, ex parte Sitamze

Abstract

Relationship of international law and municipal law — Treaties — International human rights treaties and instruments — International Covenant on Economic, Social and Cultural Rights, 1966 — International Covenant on Civil and Political Rights, 1966 — Declaration of Human Rights of Individuals Who Are Not Nationals of the Country In Which They Live, 1985 — Constitution of Kenya 1963 — Interpretation — Whether Constitution of Kenya capable of giving effect to provisions of international human rights instruments to which Kenya a State party — Whether Constitution capable of giving effect to rights not expressly mentioned — Enforceability of rights by non-nationals

Human rights — Right to work and right to family life — Protection of rights to work and to family life under Constitution of Kenya 1963 and international human rights instruments — Enforceability of rights by non-nationals — Refusal of work permit — Whether refusal of work permit to non-national married to Kenyan national a breach of right to work and right to family life — Protection of fundamental rights in accordance with domestic law — Sections 5 and 8 of Immigration Act 1967 — Whether abuse of discretionary powers by executive — Whether reason and effect of denial of work permit a breach of applicant’s rights — Separation of powers — Role of executive in maintaining public order and acting in the public interest — The law of Kenya