Advisory on the Delimitation and Boundary Review Process in Kenya

  • 26 February 2024
  • Author: Agnes Nzembi
  • Number of views: 251
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KENYA NATIONAL COMMISSION ON HUMAN RIGHTS (KNCHR)

ADVISORY ON THE DELIMITATION AND BOUNDARY REVIEW PROCESS IN KENYA

FEBRUARY 2024

 

           A. INTRODUCTION

  1. The Kenya National Commission on Human Rights (the National Commission or KNCHR) is a Constitutional Commission established under Article 59 (1) and Chapter 15 of the Constitution of Kenya and subsequently operationalized through the Kenya National Commission on Human Rights Act, 2011.[1] The KNCHR is mandated to act as the principal organ of the State in ensuring compliance with obligations under International, and Regional Treaties and Conventions relating to human rights. Section 8 (a) and (b) of the KNCHR Act, 2011 mandates the KNCHR to promote respect for human rights, develop a culture of human rights in the Republic, and promote the protection and observance of human rights in public and private institutions.
  2. In addition to the functions of the Commission outlined in Article 59 (2) Constitution of Kenya 2010 and Section 8 of the Kenya National Commission on Human Rights Act, 2011 the Commission has additional functions to oversight implementation of the Prevention of Torture Act[2] and also under the Convention on the Rights of Persons with Disabilities as the national monitoring agency. Regionally, the KNCHR enjoys an Affiliate Status with the African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child. The Commission is also a member of the Network of African National Human Rights Institutions (NANHRI), the regional umbrella body that brings together National Human Rights Institutions in Africa. The National Commission is accredited with ‘A’ Status by the Global Alliance of National Human Rights Institutions (GANHRI) for compliance with the Principles relating to the Status of National Human Rights Institutions (“The Paris Principles”).
  3. KNCHR has since its inception contributed to electoral reforms by advising on constitutional, legal, and policy gaps and proposing recommendations from a Human Rights Based Approach (HRBA) perspective. This has been achieved through; policy analysis and review, monitoring electoral processes (including political party processes), documenting human rights violations during electoral cycles, and issuing advisories and recommendations to various stakeholders aimed at improving political accountability. In its 2022 elections monitoring project, KNCHR published and disseminated two reports[3] with specific recommendations to key stakeholders on key electoral reforms, key among them, boundary delimitation.

 


[1] Act No.14 of 2011.

[2] Under section 12 of the Prevention of Torture Act, 2017 (Act No. 12 of 2017); available at http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%2012%20of%202017.

[3] See enclosed KNCHR’s 2022 elections monitoring recommendations matrix for institutional reforms towards human rights compliant elections.

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