The recent decision by the High Court of Kenya regarding the admission of students from South Sudan advocates of Kenya may not have attracted much attention in Kenya and the East African Community (EAC), but it is all the same a very important one among the many decisions that have been coming from the Kenyan courts recently regarding the implementation of the Treaty Law In Kenya.
Universal Declaration of Human Rights
Enforcement of socio-economic rights in Kenya, with minimal success rate, has proven quite problematic. In almost all petitions on socio-economic rights, the government always pleads progressive realization, inadequate resources and the doctrine of separation of powers. Enforcement of socio-economic rights such as the right to adequate housing requires allocation of resources for their realization.
It is crucial to incorporate both a balanced approach and a human rights perspective into the negotiations on intellectual property in the context of the AfCFTA. In this regard, it should be noted that the TRIPS Agreement gives countries considerable flexibility with regard to how they can choose to protect plants and new plant varieties because Article 27(3)(b) of the TRIPS Agreement permits countries to exclude plants from patentability although it requires them to provide protection for plant varieties either by patents or by an effective sui generis system or by any combination thereof.