The Economic and Social Rights Bill, 2022

Background

The Economic and Social Rights Bill, 2022 seeks to operationalise the implementation of Article 43 of the Constitution of Kenya, which guarantees every citizen the right to the highest attainable standard of health, accessible and adequate housing, reasonable standards of sanitation, clean and safe water, social security, education, and freedom from hunger. The Bill places joint responsibility on both the National and county governments to achieve the progressive realisation of these rights.

Key Amendments

Public Finance Management Act (No. 18 of 2012)

Section 22 of the Bill amends the Public Finance Management Act to:

• Require National and county Treasuries to formulate and advise on financial and economic measures to facilitate the fulfillment of Article 43 of the Constitution.
• Insert clauses requiring the inclusion of economic and social rights priorities within the county development plans and budget strategies.

County Governments Act (No. 17 of 2012)

Section 23 of the Bill amends Section 107(1) of the County Governments Act to formally insert "county strategic plans for the realization of economic and social rights" as a core requirement of county planning.

New Obligations

National and County Governments

Under Section 5, both levels of government must:

• Formulate policies, legislation, and strategies targeting the realisation of economic and social rights.
• Target vulnerable persons (such as children, pregnant women, older members of society, internally displaced persons, and persons with disabilities) to ensure their access to basic goods and services.
• Prioritise budget allocations for economic and social rights while avoiding actions that would retrogressively limit these rights.

County Governments

• County Strategic Plans: Each county must prepare a strategic plan detailing specific actions, programmes, and timelines to guarantee economic and social rights (Section 9).
• Baseline Surveys: Counties must conduct baseline surveys to map existing delivery gaps and project funding requirements (Section 11).
• County Fiscal Strategy Paper: County Treasuries must explicitly outline measures and progress made toward economic and social rights inside their yearly fiscal strategy papers (Section 18).
• Grants and Donations: Before utilising any grants or donations for economic and social projects, counties must undertake gap assessments, prioritize interventions, and complete a costing analysis (Section 12).

Kenya National Commission on Human Rights

Under Section 7, the Commission is tasked with:

• Monitoring and investigating complaints related to economic and social rights.
• Advising authorities on social assistance delivery programs.
• Formulating minimum standards that governments must meet in carrying out their Article 43 obligations.

Transitional Provisions

Section 21 requires every county government with a county integrated development plan in effect prior to the commencement of this Act to amend its plan to bring it into conformity with the Act within twelve months of its commencement.