7. The Economic and Social Rights Bill 2022

This Bill seeks to create a framework for monitoring, promotion and enforcement of economic and social rights in Kenya. It was previously known as The Preservation of Human Dignity and Social Rights

Quick link: https://new.kenyalaw.org/akn/ke/bill/senate/2022/7/eng@2022-11-09

· The Bill provides for the role of the National and County Governments with respect to the realization of economic and social rights including: formulation and implementation of relevant policies, legislations and policies; putting in place adequate infrastructure; putting in place measures that target vulnerable persons and protect them from encroachment and interference with their economic and social rights; and ensure the availability, affordability, accessibility, adaptability and acceptability of quality goods and services that will facilitate the realization of economic and social rights.

· The Bill requires County Governments to prepare a county strategic plan for the realization of economic and social rights as part of its County Integrated Development Plan.

· The Bill further provides for the creation of a Commission that will among other things, monitor the performance of the National and County Governments in the implementation of programmes and plans, investigate complaints made and annually evaluate existing policies, legislation, strategies and programmes by the National and County governments related to the realization of economic and social rights. National and County Governments are required to submit to the Commission a report on the progress of the realization of economic and social rights annually not later than the thirtieth of September. The Commission will review the reports and prepare its own report for submission to the Senate, National Assembly, Attorney General, Commission for Revenue Allocation, Intergovernmental Budget and Economic Council, County Assemblies and residents of respective counties.

· Noting that the right to accessible and adequate housing is an economic and social right under Article 43 of the Constitution of Kenya 2010, enactment into law of this Bill and its implementation will result in increased monitoring and effective oversight enhancing housing delivery across the country.