REMARKS BY HON. SARAH BONAYA, COMMISSIONER, KENYA NATIONAL COMMISSION ON HUMAN RIGHTS (KNCHR), DURING THE HUMAN RIGHTS DAY 2024 IN THE NATIONAL MUSEUMS OF KENYA, NAIROBI COUNTY, ON 10TH DECEMBER, 2024.
Fellow Kenyans,
1. It is my utmost honor and pleasure to be part of this momentous occasion on the celebration of the Human Rights Day (HRD), a yearly event celebrated to mark the coming into force of the Universal Declaration of Human Rights (UDHR).
2. The theme for this years’ celebrations “OUR RIGHTS, OUR FUTURE, RIGHT NOW”, is significant because it denotes the importance of protecting rights not just now, but also into the future. This day is important to our Nation and also globally as it serves to re–affirm the importance and the need to promote and protect human rights at all times.
3. Human rights provide the foundation under which all basic needs are met. These include access to healthcare, food and water, proper sanitation, clothes, shelter among others. The provision of these basic needs ensures that every human being enjoys the right to dignity and dignified living.
4. Human rights provide a universal standard that holds everyone to account. State actors usually have a higher threshold for accountability due to their various acts of omission and commission. This is because the state is the primary duty bearer on promotion and protection of Human rights.
5. Over the years, Kenya has made commendable strides in advancing human rights, particularly for marginalized and vulnerable groups, including People Living with Disabilities, women, the elderly, refugees, indigenous communities and children. I applaud the solidarity demonstrated during the 16 Days of Activism against Gender-Based Violence, especially the call against the unprecedented surge in femicide cases. Ladies and Gentlemen,
6. Kenya boasts of a robust Constitution. The Bill of Rights under Chapter 4 is arguably one of the most progressive in the world with a broad range of civil-political rights, Economic Social, and Cultural (ECOSOC) rights, and group rights for vulnerable and marginalized groups being expressly affirmed.
7. The KNCHR has played a key role in advocating for enabling laws and policies to operationalize the rights and fundamental freedoms espoused in the Constitution. In particular, progressive laws have been enacted on key Human rights and fundamental freedoms such as on the freedom from torture, rights of persons detained, access to information, data protection, freedom of the media, and freedom of association among others.
8. The enactment of these laws has a bearing on better promotion and protection of human rights for the local population and thus brings the Universal Declaration on Human Rights closer home.
9. As the world celebrates the 77 years after coming in force of the UDHR, we as a Commission take pride in the major strides we have made both in working as an institution and in working with other partners, both state and non–state. The focus is in moving the Country towards a human rights culture and state.
10. The notable achievements in moving the Country towards the human rights culture and state include among others countrywide sensitization of members of the public on their rights and obligations, enhancing the capacity of public officers both at the national and county level on a Human rights-based approach (HRBA).
11. Training has also been done to Law Enforcement Officers, Human rights Defenders, and County officials among others on various Human rights topical issues including Migrant rights, rights of People with Disabilities and the prevention of torture, cruel, inhuman and degrading treatment. There has been public fora engagement on key Human rights issues on migration and Human rights, documentation of Human rights violations, and intersex rights among others.
Ladies and Gentlemen,
12. We are not there yet as a Country. More needs to be done to safeguard the enjoyment of Human rights in line with the theme of the day, Our rights, our future, right now! We still lag behind in accountability of violations such as extra judicial killings which were on a high this year.
13. We have the newly introduced healthcare system that is denying many access to quality healthcare. Vulnerable groups, including those with chronic illnesses, the indigent, and marginalized communities, are the hardest hit, with disruptions in access to life-saving treatments such as dialysis, cancer therapies and maternal healthcare.
14. The KNCHR urges the government, healthcare providers, and stakeholders to act swiftly and decisively to address the challenges highlighted in a way that prioritizes equity, inclusivity, and efficiency to ensure that no one is left behind in the pursuit of healthcare for all.
15. We have seen the confusion and disarray in the implementation of the Competence-Based Curriculum (CBC) where the Government has been lagging in providing adequate resources to establish the stages of progression. Our children are crying for their right to quality education that can never be postponed. A lot of uncertainty still looms for grade 9 students come January 2026.
16. Finally, the gathering here today is not just a commemoration but a call for each of us to take up our role and utilize our different positions to ensure Kenya is truly a Human rights compliant state. Our laws and policies must begin to match our talk with the walk.
Haki kwa wote, kila Wakati!