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The Malindi Inquiry The public inquiry herein was precipitated by persistent petitions received by the Commission and other non-governmental organizations working at the Coast from residents of Magarini, Malindi alluding to claims of human rights violations by salt manufacturing firms in the area. The report follows a five day public inquiry conducted at Marereni, in Malindi which received both written and oral submissions from the public, salt companies, the local administration, line ministries and experts in the fields of the alleged abuses. The report describes the work of the Commission and the grievances brought before it which included disregard of labor laws by accused companies as well as allegations of environmental mismanagement and degradation of land resources contrary to the Environmental Management and Coordination Act, 1999. It goes ahead to make several recommendations, which if adopted, would facilitate respect and promotion of human rights, an essential pillar to the achievement of sustainable socio-economic development. Click here for the full report. The State of Human Rights Report (January 2003 – June 2004)
This is the first report on the state of human rights in Kenya. It is premised on the recognition that the government is the key duty bearer in ensuring the respect, protection and fulfillment of human rights in Kenya. The report reflects the assessment of the overall environment provided by the government and the implementation of policies, legislation and programs related to the obligations of respect, protection and fulfillment of human rights during the period of January 2003 – June 2004.
Click here for the full report. Status Report on Prisons Reform in Kenya (January 2003 - December 2004)
One of the mandates of the Commission is to visit prisons and other places of detention or related facilities with a view to assessing and inspecting the conditions under which the inmates live and make appropriate recommendations thereon. This report documents the findings and recommendations of a survey commissioned by the Kenya National Commission on Human Rights to assess the impact of prison reforms initiated by the NARC government. The report highlights the progress made in reforming correctional institutions in Kenya and makes recommendations on what should be done to enable the prisons in Kenya fulfill their core obligations efficiently and effectively. Referendum Report
This report highlights the findings of the KNCHR in the course of its joint program with the KHRC(a human rights NGO) in monitoring the referendum rallies between September and the Constitutional referendum of November 21 2005. The referendum observation project was motivated mainly by the objective of seeking to begin ensuring accountability of politicians at the early stage of campaigning on the basis that if our political class gets used to being held accountable during the campaigning period, they will accept it better if and when they assume office which would then lead to erosion of the culture of impunity that is the reason for existence of various human rights violations.
Click here for the full report. Annual Reports
Section 21 of the Kenya National Commission on Human Rights Act, 2002 imposes an obligation on the Commission to submit an annual report to the President and the National Assembly through the relevant Minister. The annual report includes an overall assessment of the performance of the Government in the field of human rights during the period under review. It also includes information about the Commission’s achievements and challenges. In discharging its statutory mandate, the Commission has published 2 annual reports for the periods 2004 and 2005/ 2006. The report also contains financial statements for the reporting year.
Living Large - Counting the Cost of Official Extravagance in Kenya
The publications chronicle wasteful use of public resources by public officers and the aim is to stir reform in the public sector by discouraging such waste and to empower citizens to demand value for their money. - Volume 1 (KNCHR/TI)
The report focuses on the purchase of high-end luxury vehicles by senior government officials in the first year of the NARC administration. It translates the cost of such expenditure into real things that could have been done to alleviate poverty. - Volume 2 (KNCHR/KLA)
The report exposes the massive land grabbing and illegal allocation of land that was pervasive in the previous regime. The broad aim of the report is to enhance the protection of public resources, give voice to those who are most hurt by illegal diversion of resources, empower the general public to demand accountability and transparency, and serve as a check on unscrupulous leadership
Click here for the full report.
Nguzo za Haki
Nguzo za haki is published twice a year. It aims at keeping the Kenyans and the world informed of the Commission’s activities, raise awareness on topical issues of human rights, and highlight the challenges of human rights with a view to activating individual, collective and official function. - Issue 1: February 2004 . This was the inaugural newsletter published by the Commission. The publication was devoted to introducing the Commission to the public. Other issues covered included those related to prison conditions as well as gender dimensions in planning for HIV/ AIDS. Click here for the full issue.
- Issue 2: September 2004 . The issue bears a collection of articles on the theme business and human rights. The articles demonstrate how human rights add value to business.
- Issue 3: February 2005 . The theme in this issue relates to corruption and human rights. The Commission’s involvement in advocacy on issues of corruption has been met with criticism because corruption is not seen as a human rights issue. The issue was precipitated by the need to enlighten society on the nexus between corruption and human rights. Click here for the full issue
- Issue 4: September 2005 . This newsletter tackles the issue of security and human rights. It was produced against a backdrop of campaigns for a new constitution which led to the now famous referendum. The campaigns served to highlight threats to security brought on by the political elite in pursuit of political agendas.
- Issue 5: April 2006 . The broad theme of this issue is land and human rights. The contributing authors inter alia raise issues relating to land ownership, highlighting the tension between communities and investors; they also suggest best practices in land use and planning. Click here for the full issue.
- Issue 6; April 2007. The theme of this edition of Nguzo za Haki is labour and human rights. Articles seek to draw pointers to ways in which Kenya may invest her immense labour resources from a human rights context to enable citizens realize their overall basic human rights.
KNCHR Strategic Plan
The Commission’s work is guided by its Strategic Plan which covers a five year period 2004 - 2009. The Commission’s aspiration/ vision is a strong and vibrant human rights culture founded on equality and social justice for all. To realize such a society, the Commission aspires that Kenya becomes a human rights state governed by laws, policies, practices and values anchored on international human rights standards and expectations. Click here for the full plan. Position Papers
As the supreme human rights organ of the state, the National Commission is the focal point for reliable and current information on human rights. The Commission conducts research on emerging and key human rights issues with a view to catalyzing policy and legislative reform. The Commission thus issues authoritative, occasional issue based human rights reports and position papers. - Position Paper No. 1 of 2006 on Enhancing and operationalising Economic, Social and Cultural Rights in the Constitution of Kenya.
This paper presents the Commission’s position on whether and/ or the extent to which economic, social and cultural rights may be entrenched in the Bill of Rights in the new constitution of Kenya; and further the extent to which the Bill of Rights in the current Constitution can be used to enable Kenyans exercise the essence of economic, social and cultural rights. - Position paper No. 2 of 2007 on Abolition of the death penalty .
It makes the case for abolishing the death penalty so as to further enhance protection of the fundamental right to life and the freedom not to be subjected to torture or to cruel, inhuman and degrading treatment or punishment. The paper addresses arguments by the proponents of the death penalty, builds a case for abolition of the death penalty and finally makes recommendations to policy makers and other stakeholders for necessary action towards abolition of the death penalty. Click here for the full paper.
An Evening with Tom Mboya
This publication is a compilation of speeches, lectures and remarks from prominent personalities on the life and achievements of the late Tom Joseph Mboya. The publication is part of an advocacy and lobbying strategy for the establishment of a Truth Justice and Reconciliation Commission which will have as its mandate investigations into gross human rights violations, including political assassinations, for appropriate action.
Click here for the full book. Kenyans' Verdict: A Citizen’s Report Card on the Constituencies Development Fund (CDF)
This report was a collaborative effort between the KNCHR and the Institute of Economic Affairs (IEA) who undertook a participatory performance assessment of the CDF to document the management practices and effectiveness of this fund. The main objective of the study was to assess beneficiaries’ perceptions of the CDF. The study also sought to ascertain the access to, utilization of and satisfaction with the fund. The findings of the study are to be used to explore ways to enhance accountability, transparency and performance in the administration of the fund.
Click here for the full report. Public Accountability Statement 2003-2006
The statement details the Commission’s own assessment of its achievements and challenges in the past three years.
Click here for the full statement.
Mandera and Nairobi Public Accountability Report
To mark its three years of existence, the Kenya National Commission on Human Rights (KNCHR) held accountability forums in Nairobi, at St. John’s Catholic Church in Korogocho on 19th August 2006 and conducted an outreach programme in Wajir and Mandera districts on September 17-22, 2006. This culminated with a public accountability forum at Al hajji Baraza Park in Mandera on Wednesday, September 20,2006.
Click here for the full report. Children With Disability Are Individuals With Rights Not Objects Of Pity Says KNCHR Report
The Govt has to amend the current Education Act urgently to facilitate the realization of the right to education for Children with Disability in Kenya; a study by the Kenya National Commission on Human Rights has established. Click here for the full report.
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