Members of Press,
Ladies and Gentlemen,
This statement is issued pursuant to the mandate of the Kenya National Commission on Human Rights (KNCHR) under Article 59 of the Constitution of Kenya and the KNCHR Act, to promote and protect human rights and fundamental freedoms for all persons in Kenya. It presents the Commission’s independent assessment of the state of human rights in Kenya for the period starting December 2024 to December 2025, highlighting key gains, persistent challenges, and priority actions required from State and non-State actors.
As an ‘A’ status National Human Rights Institution, I take great pride in the role the Commission has played nationally, regionally, and internationally to infuse human rights principles and standards in laws, policies, and practice. Human rights are not a favour but an entitlement, inherent to every person, and may only be limited in strict compliance with Article 24 of the Constitution.
Kenya's human rights performance during the period under review witnessed unprecedented and grave human rights violations that shocked the nation. The State, as primary duty bearer, is obliged to respect, protect, promote and fulfil all rights and fundamental freedoms, while all persons as rights-holders must exercise their rights responsibly and with due regard to the rights of others.
Fellow Kenyans,
During the period under review, the Kenya National Commission on Human Rights (KNCHR) received a total of 2,848 complaints, with violations relating to Economic, Social and Cultural (ECOSOC) rights emerging as the single largest category at 1,381 cases, followed by 1,171 complaints on civil and political rights and 299 on group rights among others.
The Commission notes that unmet ECOSOC rights, including health, food, education, housing and social protection, did not just mirror economic hardship; they were a key driver of public frustration and youth-led agitation that in turn fueled many of the civil and political rights violations documented in this report.
It is therefore imperative to read the status of civil and political freedoms in Kenya through the lens of deepening socio-economic inequality and unfulfilled social justice, which continue to undermine the promise of the Constitution’s Bill of Rights.
I will now address you on the current status of the respective human rights and fundamental freedoms as provided for in Chapter Four of the Constitution of Kenya which contains our progressive Bill of Rights.
ECONOMIC SOCIAL AND CULTURAL (ECOSOC) RIGHTS
Right to the highest attainable standard of Health Kenya continues to make important strides towards the constitutional vision of the right to the
highest attainable standard of health, including through digitalization initiatives at both national and county levels and incremental resource allocation to key health programmes. These efforts, if properly designed and implemented, are crucial for equitable access to healthcare, particularly for vulnerable and marginalized groups, but much more needs to be done to ensure they are not left behind.
The Commission welcomes the enhanced allocation of Kshs. 138.1 billion to the health sector in the 2025/2026 financial year. The Commission has however received numerous complaints on challenges in accessing healthcare through the Social Health Authority (SHA) and will continue to engage the Ministry of Health and other actors to ensure that service delivery is optimal. The Lipa SHA pole pole policy must be operationalized with urgency as a primary measure for making health services accessible to vulnerable and marginalized populations. The push for a centralized and independent human resource agency for the health sector is long overdue and should be prioritized.
The Commission also remains concerned about the detention of patients and deceased bodies over unpaid hospital bills, noting that there are clear judicial pronouncements against these practices, reinforced by guidance from the Kenya Medical Practitioners and Dentists Council.
The Commission calls:
1. On the Ministry of Health and SHA to ensure timely and consistent payments to contracted providers and to review premium payment laws to operationalize “Lipa SHA pole pole” so that members can pay in affordable instalments.
2. For all digital health interventions to be subjected to Human Rights Impact Assessments, with results made public, and for robust safeguards to protect personal health data.
3. On the Inspector-General of Police and relevant agencies to undertake thorough investigations into alleged organ harvesting and trafficking and bring perpetrators to justice.
4. On the National and County Governments to guarantee uninterrupted supply of essential medicines and medical commodities in all public health facilities.
Right to Food
Article 43(1)(c) of the Constitution of Kenya, 2010 guarantees every person the right to be free from hunger. It is the prerogative of the Government to ensure adequate food supplies for its people through enhancing factors of production. The Commission notes that the country’s Food Balance Sheet shows an improvement in the Self-Sufficiency Ratio from 94.8% in 2023 to 105.5% in 2024, reflecting enhanced domestic production of key food commodities. Nonetheless, reports from arid and semi-arid lands (ASALs) such as Samburu and Tana River indicate worsening nutrition outcomes due to constrained access to diverse diets, reduced milk consumption, and limited health outreach services.
The Commission has received complaints from farmers, particularly maize farmers, decrying low farm-gate prices and high production costs, which have turned agriculture into a loss-making venture despite reductions in fertilizer prices. This situation undermines livelihoods and threatens long-term food security.
The Commission calls:
1. On the national and county Governments to invest in long-term measures to address food insecurity in ASAL counties, including strategic food reserves and climate- resilient production systems.
2. On the Government to cushion farmers from losses through fair pricing, timely payments, and support mechanisms that guarantee sustainable production.
Right to Education
Fellow Kenyans,
The Commission acknowledges ongoing reforms under the Competency Based Education and Training (CBET) system, including the recruitment of teachers by the Government since 2022, and efforts by the Teachers Service Commission (TSC) to retool teachers. However, gaps in teacher training, overcrowded classrooms, inadequate infrastructure, limited access to electricity and internet, and scarcity of digital devices have made it difficult to deliver learner-centered,resource-intensive CBET, particularly in rural and marginalized areas.
The KNCHR is further concerned that the New Higher Education Funding Model, combined with unregulated programme costing, has rendered certain courses unaffordable for students from low-income backgrounds, thereby entrenching indirect discrimination and inequality. Persistent delays and inadequacy in disbursing capitation to schools are also undermining the right to education.
The Commission calls:
1. For timely and adequate capitation to schools that reflects prevailing economic realities.
2. On the National Assembly to expedite consideration of measures to streamline and consolidate education funding to ensure coherence, equity, and accountability.
3. On the Ministry of Education to fully anchor CBET in law, in line with relevant court decisions, and to ensure reasonable accommodation and integrated learning for learners with disabilities, including provision of sign language capacity.
4. On Government to guarantee a level playing field by investing in infrastructure, laboratories, and digital tools for all schools, especially in marginalized regions, and to fast-track retooling of teachers for CBET.
Right to Housing
Every person has the right to accessible and adequate housing as enshrined in Article 43 (1) (b). The Commission recognizes the Government’s continued implementation of the Affordable Housing Programme, through which thousands of units have been completed or are under construction across a majority of counties. However, limited public understanding of the housing model, inadequate access to information in languages and formats that communities can appreciate, and cases of forced or poorly managed evictions, especially in informal settlements, have exposed many to heightened vulnerability and undermined dignity.
The Commission calls:
1. On the Government to respect and protect the rights of all persons in the implementation of affordable housing projects and to ensure meaningful public participation and access to information.
2. For strict adherence to national and international standards on evictions, including provision of adequate notice, consultation, alternative accommodation where necessary, and remedies.
3. On State agencies to guarantee adequate and quality water and sanitation facilities within settlement programmes.
4. For strengthened transparency and accountability in all contracts, tenders, and procurement processes under the housing programme to prevent corruption.
Consumer Rights
Article 46 of the Constitution provides for the rights of consumers to goods and services of reasonable quality, the information necessary for them to gain full benefit from goods and services, and protection of their health, safety, and economic interests. During this period, the Commission was seized of the matter on Genetically Modified Organisms (GMOs) whose ban was lifted by the Cabinet in October 2022 but has been a subject of several litigations since then.
The Commission calls on:
1. The Ministry of Health to make public the 2014 GMO Taskforce report and together with the National Biosafety Authority, undertake a robust and meaningful public awareness on Genetically Modified products to help the public make informed decision.
2. The Ministry of Agriculture and Livestock Development and the Pest Control Board to ensure enforcement and compliance with the ban on harmful chemical products from the market.
CIVIL AND POLITICAL RIGHTS
Right to Life
Article 26 (1) of the Constitution of Kenya guarantees every person’s right to life. The period under review saw an affront to this right especially between the months of June and July during civic unrests. During the period December 2024 to December 2025, the Commission documented 57 violations of the right to life. These include the killing of a human rights defender, Richard Otieno, in Molo, the fatal shooting of a minor in Kiambu County, land clashes that killed 5 people in Angata Baragoi, the murder of a civilian Albert Ojwang in police custody among others.
The Commission also noted the killing of security agents in the line of duty which erodes trust and impediment to the enforcement of law and order. The KNCHR regrets these and several other documented cases of loss of lives in violation of the Constitution 2010.
The Commission therefore calls for:
1. The full operationalization of the National Coroners Service Act, including the appointment of the Chief Coroner and establishment of the Service, and urges the adoption of the Minnesota Protocol on the Investigation of Potentially Unlawful Death.
2. The Inspector-General to expedite investigations into the killings and bring the perpetrators to book.
3. IPOA to expedite investigations into enforced disappearances, torture and the deaths of citizens in custody and recommend charges against officers accused of extra-judicial killings.
Right to Freedom and Security of the Person
Article 29 of the Constitution of Kenya guarantees every person’s right not to be subjected to any form of violence from either public or private sources or to cruel, inhuman, or degrading treatment. The Commission received and documented 661 complaints on violations of the right to freedom and security of the person between December 2024 and December 2025, and regrets the resurgence of cases of arbitrary detentions and torture, including abductions, and enforced disappearances allegedly committed by security officials. During the period under review fifteen (15) cases of abductions were reported.
While the commission has observed relative calm and improved security in the North Rift counties gazetted as ‘disturbed and dangerous’ of West Pokot, Elgeyo Marakwet, Baringo, Turkana and Samburu; we remain concerned over reports of extra-judicial killings allegedly by Security officers under ‘Operation Maliza Uhalifu’. The commission is in receipt of at least Twelve 12 complaints of abductions, torture and extra-judicial killings which occurred in parts of Marakwet East, Pokot Central and Tiaty.
Additionally, the Commission noted the re-emergence of criminal gangs used by politicians and business community for private security, terror and intimidation. These are a threat to national security and must be dealt with within the ambit of the law.
The Commission calls for:
1. The provision of adequate resources to ensure full implementation of the Prevention of Torture Act, 2017 to enable the Commission to monitor, document and report on cases of Torture as instructed under section 12 of the Act.
2. The ratification of the International Convention for the Protection of all Persons from Enforced Disappearance. This is will affirm the State commitment and pledges to end Enforce disappearances in Kenya.
3. The ongoing disarmament of communities to be supported as a means of ensuring sustainable peace and security in affected regions, while emphasizing that all disarmament activities must be conducted strictly within the ambit of the law and Adoption of a whole of government- societal approach to comprehensively address the root causes and drivers of banditry.
4. Security forces operating under Operation Maliza Uhalifu, Operation Maliza Uhalifu and Operation Ondoa Jangili to carry out their law enforcement roles guided by rule of Law.
Right to Assembly, Demonstration, Picketing and Petition
Article 37 of the Constitution guarantees every person the right, peaceably and unarmed, to assemble, demonstrate, picket and present petitions to public authorities. During the period under review, the Commission documented heavy police deployment in counties including Nairobi, Mombasa, Uasin Gishu and Embu, leading to injuries of 661 demonstrators and 149 persons arbitrarily arrested and detained.
The Commission also observed the deployment of hooded officers, use of vehicles with concealed or no registration numbers contrary to high court orders, and the presence of masked, hired perpetrators of violence on motorbikes targeting peaceful protestors and bystanders. These practices severely undermine the right to peaceful assembly and erode public trust in law enforcement.
The Commission calls:
1. For thorough and expeditious investigations into individuals responsible for mobilizing and deploying perpetrators of violence against peaceful demonstrators, and their prosecution.
2. On the Inspector-General of Police to ensure compliance with court decisions requiring police officers to maintain visible identification while on duty.
3. For the development of a modern public order management law aligned with the 2010 Constitution and international human rights standards.
4. For fast-tracking of regulations under the National Police Service Act governing the use of force and firearms by police officers.
Freedoms of Expression and the Media
Fellow Kenyans,
The Commission notes with concern a surge in violations against journalists and media practitioners during 2025, including assaults, threats, denial of access, destruction of equipment, and temporary shutdowns of media operations during protests and major State events. Journalists from several media outlets covering demonstrations and national celebrations in counties such as Nairobi, Nyeri, Molo, Majengo and Homa Bay were subjected to violence and intimidation by both security officers and hostile groups.
In the same period, Parliament passed the Computer Misuse and Cybercrimes (Amendment) Act, 2025, despite substantial constitutional and human rights concerns raised by KNCHR and other stakeholders. The Commission maintains that the amendments fall short of legality, clarity and proportionality, and risk arbitrary enforcement that chills freedom of expression and online innovation.
The Commission calls:
1. On the Inspector-General of Police to investigate and prosecute all attacks against journalists and media workers.
2. On Government and regulatory agencies to cease harassment, intimidation, arbitrary detention and obstruction of journalists and to ensure an enabling environment where the media can operate freely and independently.
3. On the Communications Authority to refrain from unlawful actions that infringe media and digital freedoms and to discharge its mandate in fidelity to the Constitution.
4. For review of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 to bring it in line with constitutional guarantees under Articles 33, 34 and 35.
Freedom of Association
The right to freedom of association, including the right to form, join or participate in an association of any kind, is protected under Article 36 of the Constitution. The Commission notes that more than a year after the operationalization of the Public Benefits Organization Act, 2013, a key High Court judgment delivered on 30th April 2025 found that several provisions of the Act, such as mandatory re-registration of NGOs, the composition of the PBO Authority Board, the compulsory nature of the national federation, intrusive disclosure obligations, and unfair suspension and cancellation procedures, were unconstitutional for violating privacy, freedom of association, fair hearing and judicial independence.
The Commission calls on:
1. The Public Benefit Organizations Regulatory Authority to fully abide by the High Court decision in Petition No. E519 of 2024 in its implementation of the PBO Act and attendant regulations.
RIGHTS OF SPECIAL INTEREST AND VULNERABLE GROUPS
Children Rights
Fellow Kenyans,
The Commission acknowledges notable efforts towards implementation of the Children Act, 2022, including the commencement of the Children (Foster Care) and Children (Guardianship) (Practice and Procedure) Rules, 2024, and the ongoing review of the 2010 National Children Policy by the National Council for Children Services to align it with the Act, affirming children as vulnerable members of the community who require affirmative action and whose safety and security in and out of school are primary.
The Commission, however, notes with concern the security attacks against children in the Butere Girls’ High School play “Echoes of War”, despite a High Court order. The KNCHR further reiterates the importance of school feeding programmes in realizing children’s rights to food, education, and equality Initiatives by various County Government’s demonstrate how providing daily nutritious meals can reduce barriers for vulnerable families, promote inclusion, and strengthen children’s ability to learn and thrive, while supporting increased school enrollment and improved access to education.
The KNCHR also observed that FGM still remains a threat tothe rights of the girl child.
The Commission calls on:
1. The Government, through the National Council for Children Services, to enhance collaborations with stakeholders to augment child protection measures, fight harmful cultural practices, and address the increasing number of children in conflict with the law.
2. The Teachers Service Commission to enforce and monitor strict adherence to the prohibition of corporal punishment in schools.
3. Strengthening monitoring and rapid-response mechanisms, including cross-border surveillance, to prevent evasion of anti-FGM laws and ensure timely intervention in vulnerable communities.
4. The Government to implement the specialised FGM training module for law enforcement officers and local administrators to strengthen prevention and enforcement efforts.
Right of Persons with Disabilities
The Commission acknowledges the enactment of the Persons with Disabilities Act, 2025, which provides a comprehensive legal framework for the promotion, protection, and advancement of the rights and fundamental freedoms of persons with disabilities in employment, education, public affairs, healthcare and other sectors.
The KNCHR also welcomes the Government’s approval of the Building Code spearheaded by the Ministry of Lands, Public Works and Housing, which will enhance inclusion, safety and ACCESS RIGHTS. Despite these milestones, persons with disabilities continue to face serious challenges due to low implementation of laws and policies, failure by most employers to meet the 5% employment quota, and the slow pace of promoting integrated and inclusive education.
The Commission calls on:
1. The National Government to fully implement legal and policy frameworks on disability inclusion by enforcing the 5% employment quota across all public institutions and ensuring county governments align development priorities, budgeting and service delivery with the Persons with Disabilities Act, 2025, including accessible infrastructure and inclusive education, particularly in ASAL regions.
2. The Ministry of Education to accelerate integrated and inclusive education by increasing resources and ensuring schools, especially in ASAL areas, have adequate assistive devices and accessible learning environments. Gender rights During the review period, the country experienced a disturbing rise in femicide cases, with reports indicating over 100 cases in the first three months of 2025, prompting the President to establish a Technical Working Group on Gender-Based Violence (GBV) including femicide via Gazette Notice No. 109, whose report is yet to be made public. This pattern of brutal killings of women underscores the grave risks women and girls continue to face and the urgency of an effective State response.
The Commission calls on:
1. The National Police Service to take proactive measures to ensure that perpetrators of crimes, including femicide, are promptly investigated, prosecuted and brought to justice.
Refugee rights
The launch of the Shirika Plan in March 2025 marked a shift from a purely humanitarian response to a government-led, development-oriented approach aimed at sustainable inclusion of refugees and host communities, complementing KNCHR’s “Haki na Ushirikiano” initiative.
While only sparse rights violations were recorded in Dadaab and Kakuma, the forcible return of four asylum seekers from Turkey raised serious concerns about Kenya’s adherence to international principles on refugees and asylum seekers.
The Commission calls on:
1. The Government to strengthen refugee access to labour rights and economic opportunities so that refugees can work legally, engage in income-generating activities and access social services, supporting self-reliance and integration while upholding national labour standards.
2. The Government to ensure all refugees are protected from arbitrary use of force and other human rights violations, and to establish independent mechanisms for investigating allegations of abuse in refugee settings, in line with international human rights obligations.
Indigenous Persons
The Commission notes continuing concerns regarding the rights of Indigenous Peoples, including the Ogiek and Ilchamus, particularly around land, reparations and participation in resource governance. Delays in fully implementing regional court decisions and land awards perpetuate historical injustices and insecurity of tenure.
The Commission calls on:
1. The Government to fully comply with all outstanding orders of the African Court in the Ogiek case, including securing title deeds for community and ancestral lands, issuing reparations, and implementing protective and restitution measures without further delay.
2. The Government to enhance legal and policy protections guaranteeing Indigenous Peoples’ participation in decision-making on land, environment and natural resource governance, and to ensure conservation and development initiatives respect their rights and livelihoods, including expediting implementation of the Ilchamus land decision.
Youth rights
Kenya’s human rights landscape in 2025 was sharply shaped by youth-led civic mobilization, especially by Generation Z, against rising costs of living and governance failures. The Commission is concerned about profiling of youth and human rights defenders, arbitrary arrests, intimidation and the chilling effect of the Computer Misuse & Cybercrimes (Amendment) Act, 2025, which expands criminal liability for online behaviour and threatens freedoms of expression, association, access to information and economic rights for young content creators and digital innovators.
Recommendations:
1. The Government to strengthen youth participation in governance and policy- making, and to amend the Computer Misuse & Cybercrimes (Amendment) Act, 2025 to protect legitimate online content creation, dissent and digital entrepreneurship.
2. The Government to expedite licensing and oversight of digital lenders, provide remedies for wrongful CRB listings, and limit the use of CRB clearance in employment to prevent unfair exclusion of young people from job opportunities.
Intersex Persons
The Commission highlights that intersex persons continue to face significant barriers to legal recognition, bodily integrity, access to healthcare and participation in decision-making, largely due to legal and policy gaps and entrenched stigma. Addressing these gaps is essential to ensure equality and non-discrimination.
The Commission calls for:
1. The fast-tracking of the Intersex Persons Bill, 2024 to introduce legal recognition and self-determination, and develop comprehensive medical guidelines under the Ministry of Health to protect bodily integrity and ensure access to inclusive, non- discriminatory healthcare.
2. Integration of intersex voices in policy and law-making processes, strengthening access to justice so intersex persons can assert their rights, and promotion of public education and awareness to reduce stigma and enhance understanding across all sectors.
CORRUPTION
The Commission acknowledges progress in the fight against corruption, including enactment of the Conflict of Interest Act and asset preservation efforts, but remains concerned that corruption continues to undermine access to quality public services and deepen inequality.
The Commission calls:
1. For full implementation of the Conflict of Interest Act, effective whistleblower protection and human rights–based approaches to recovery and utilization of recovered assets.
COMPLIANCE WITH REGIONAL AND INTERNATIONAL HUMAN RIGHTS OBLIGATIONS
Kenya has made strides in meeting some of its international reporting obligations, but remains behind on certain key reports and reservations that limit the full enjoyment of rights, particularly for women and victims of enforced disappearance.
The Commission calls:
1. For ratification of the International Convention for the Protection of All Persons from Enforced Disappearance and lifting of reservations under the Maputo Protocol that constrain women’s reproductive rights.
2. On Government to clear outstanding treaty body reporting obligations and fully implement recommendations and decisions from international and regional mechanisms.
Fellow Kenyans,
In conclusion, the Kenya National Commission on Human Rights recognizes the important gains made by State and non-State actors towards the promotion and protection of human rights during the period under review, including legislative, policy and programmatic advances in health, disability rights, housing, and refugee protection.
However, urgent, coordinated and sustained action is required to address rising inequality, youth disenfranchisement, excessive use of force, digital repression, and persistent corruption that together threaten to erode constitutional gains and public trust in institutions.
The Commission calls upon all arms of Government, independent offices, county governments, security agencies, political leaders, civil society, the private sector and citizens to collectively safeguard the Bill of Rights and ensure that no one is left behind.
That, Distinguished Ladies and Gentlemen, is the current State of Human Rights in the Republic of Kenya for the period December 2024 to December 2025.
May Justice be our Shield and Defender.
Haki kwa Wote, Kila Wakati.
Claris Ogangah,
Chairperson, Kenya National Commission on Human Rights (KNCHR).