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Housing Coalition position on BBI and Socio-Economic rights

Housing Coalition Statement on BBI Report Recommendations on Socio-Economic Rights

The Housing Coalition, is a network of Community Based Organizations and Civil Society
Organizations engaged in preservation and protection of the Right to Adequate
Housing Kenya. We note with appreciation the Government of Kenya’s ambition to build
a united nation that is responsive to the urgent need for prosperity, fairness and dignity
for all Kenyans through the Building Bridges Initiative (BBI) Process. The Housing
Coalition has reviewed the BBI report as presented to Kenyans on 26th October 2020 and
noted progressive proposals to provide a mechanism for monitoring, evaluating and
enforcing implementation of economic and social rights under Article 43 of the
The Building Bridges Initiative proposes to amend Article 132 of the Constitution
(Functions of the President) to provide for the President to report on the progress in
achieving the economic and social rights guaranteed under Article 43 by submitting a
report for debate to the National Assembly. The report also proposes the establishment
of the Ward development fund for capital expenditure in the Counties for purposes of
Article 43 (Economic and Social Rights) of the Constitution.
We acknowledge that since the Promulgation of the Constitution in 2010, The Chapter
on Economic and Social Rights Article 43 has utterly failed the poor with only
incremental reforms in the past decade. We also note that Economic and Social Rights
are a core enabler for all human beings to live in dignity. Article 43 rights including the
right to adequate housing, health, water and sanitation have also being the most
violated rights especially for the low income earners and urban poor living in informal
We therefore propose to further strengthen the provisions on Economic and Social
Rights in the Constitution the following measure have to be taken into consideration
within the BBI process:

1. The inclusion of protection from forced eviction as an additional clause under
Article 43 1 (b) of the Constitution with the obligation on the state to protect this
2. The establishment of a monitoring and accountability framework is welcome, to
further reinforce this, we propose establishment of a Socio-economic Rights
Council to be housed within the Kenya National Commission on Human Rights to
oversee and implement this framework.
3. We also propose to have “immediate” realization of socio-economic rights under
Article 43 , the Constitution call on “progressive” realization has been at the core
of delaying implementation of these rights
4. That monitoring of socio-economic rights should encompass citizen led
monitoring for enhanced accountability
5. The Referendum Bill in it’s Memorandum of objects and reasons proposes a
mechanism for monitoring, evaluating and enforcing implementation of
economic and social rights under Article 43, however there is no proposal for an
implementing legislation.
6. Annually under the Kenya National Bureau of Statistics (KNBS) there is need to
publish “Shared Prosperity Index” with socio-economic rights as a key indicator
to development. This will enhance accountability and implementation of these


Pauline Vata
On behalf of the Housing Coalition

Economic and Social rights Centre- Hakijamii
Haki Yetu
Just City Coalition- JCC
Kituo Cha Sheria

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