Right to Be Free from Hunger”; Analyzing the Laws Governing Right to Food in Kenya

Abstract

Food is one of the basic needs that human beings require for survival. The right to food is so fundamental that human beings cannot live without its enjoyment. Not only do human beings require food for survival but they also need access to adequate food that meets safety and quality standards for a dignified life. Relying on the principle of interdependence of human rights, the right to food supports the enjoyment of other human rights and fundamental freedoms. However, a majority of people in the world and Kenya, in particular, does not enjoy the right to food. The FAO 2022 Report revealed that at least 5.4 million people in Kenya are facing acute food insecurity. Sadly, 32% of all Kenyans are facing the challenge of either lack of food or the food accessible by them does not meet the minimum nutritional standards. Access to food is a human right that is encapsulated under international human rights conventions, regional treaties and the Constitution of Kenya, 2010. Domestically, the right is envisaged under Article 43(1) (c) of the Constitution which states that “every person has the right to be free from hunger, and to have adequate food of acceptable quality.” This paper interrogates the legal framework on the right to food both at the national and international levels with a bias on the national legal framework. This is achieved by analysing the laws, policies, reports and scholarly work on right to food. The paper finds that the right to adequate food of acceptable quality and standards is broadly safeguarded in our laws. However, the nation lacks proper implementation strategies thereby continuing to deprive the citizenry of this important right. On the same note, the country has not specifically provided for legislation to actualize this right. This paper recommends that legislative and administrative measures need to be taken to safeguard the population from hunger and consumption of food that do not meet the prescribed quality and standards. Stakeholders are also called upon to support the realization of the right to food in the country.