The State of Human Rights in Kenya: Assessing the Progress Made and Areas of Concern: July 2023-November 2024
The Kenya National Commission on Human Rights (KNCHR or “the Commission”) is a constitutional Commission established under Article 59 of the Constitution of Kenya, 2010 and operationalized under the Kenya National Commission on Human Rights Act, 2011. The Commission’s primary mandate is to promote and protect human rights across private and public spheres in the Republic of Kenya. The Commission is the designated state organ that ensures state compliance with obligations flowing from human rights treaties that Kenya has ratified. Furthermore, the Commission is the designated national monitoring agency under Article 33 (2) of the Convention on the Rights of Persons with Disabilities and bears additional oversight functions over the implementation of the Prevention of Torture Act, 2017.
It is on this basis therefore that the Commission has prepared a state of human rights report covering the period July 2023 to November 2024, which assesses the progress made, and areas of concern on selected human rights and fundamental freedoms as enshrined in the Bill of Rights under Chapter Four of the Constitution of Kenya, 2010. The report contains recommendations and measures that need to be taken by various State organs in order to enhance the fulfilment, protection and promotion of rights and fundamental freedoms and move Kenya towards a human rights-compliant State. Download Report
National Values & Principles of Governance For The Year 2022
This is part of a series titled National Values & Principles of Governance. It is an alternative report of state compliance on implementation of the National Values and Principles of Governance (NVPG) enshrined in Articles 10(2)(a)(b)(c)(d) of the Constitution. Download Report
National Values & Principles of Governance For The Year 2021
This is part of a series titled National Values & Principles of Governance. It is an alternative report of state compliance on implementation of the National Values and Principles of Governance (NVPG) enshrined in Articles 10(2)(a)(b)(c)(d) of the Constitution. Download Report
National Values And Principles Of Governance For The Period 2018-2020.
This is an alternative report by the KNCHR that tracks the status of the implementation of National Values and Principles of Governance highlights key achievements and challenges for the years 2018-2020 and provides recommendations for action by the Government, at national and county levels. Download Report
Kenya's Second Voluntary National Review Process:
Given the interlinkage between the sustainable development goals and human rights, National Human Rights Institutions are uniquely positioned to monitor and contribute to the implementation of the 2030 Agenda for Sustainable Development Goals. The 2030 Agenda encourages Members States to conduct regular, voluntary and country-led reviews of progress of implementation of the sustainable development goals and to report internationally on this progress through voluntary national review (VNR) reports. Kenya has so far conducted two national reviews and presented two VNR reports at the global level. The Kenya National Commission on Human Rights participated in the second VNR process that took place in 2020. This report documents the Commission’s engagement in the second VNR process, including challenges faced, successes achieved, and lessons learnt during the process. Finally, it explores best practices on participation of other National Human Rights Institutions in their countries’ VNR processes and based on these best practices, makes recommendations for more effective and meaningful engagement in Kenya’s future VNR processes. Download Report
Referendums in Kenya:
Kenya has had a very interesting constitutional history. Kenya’s independence talks were carried out in constitutional conferences held at Lancaster House, London and Nairobi in 1963. It was at these talks that the independence Constitution was prepared. In May of the same year elections were held on the principle of one person, one vote leading to victory for the Kenya African National Union (KANU).
Kenya Internal self-rule was attained on 1st June 1963, when the country was allowed to form its first internal self-government and attained its full independence on 12 December, 1963. In 1964, Kenya did away with the Queen as the Head of State by becoming a Republic with an executive President. Mzee Jomo Kenyatta who had been the Prime Minister became the first President of Kenya.Download Report
Kenya @ 10; A Decade After: The State Of Human Rights Post The 2010 Promulgation Of The Constitution:A Human Rights Scorecard
The 27th August 2020 marked 10 years since the promulgation of the Constitution of Kenya, 2010. One of the most significant hallmarks of the 2010 Constitution was the progressive and expansive Bill of Rights embedded under Chapter 4 of the Constitution. Of particular significance, the Chapter recognised that rights and fundamental freedoms in the Bill of Rights are inherent to each individual and not granted by the State. To take stock of a decade long journey of the specific rights and fundamental freedoms in the Bill of Rights, Kenya National Commission on Human Rights has published a report titled Kenya @ 10: A Decade After: The State of Human Rights Post The 2010 Promulgation Of The Constitution: A Human Rights Scorecard. Download Report.
The Kenya National Commission on Human Rights as a National Human Rights Institution (NHRI) established under Article 59 of the Constitution of Kenya, is charged with two broad mandates; (i) to promote human rights, fundamental freedoms and constitutionalism (ii) protect and secure the observance of human rights and fundamental freedoms in all spheres of life. It is these guiding mandates that have enabled KNCHR to compile the human rights status report, which covers the period of March 17th 2020 to June 6th 2020. Dubbed Pain and Pandemic: Unmasking the State of Human Rights in Kenya in Containment of the COVID -19 Pandemic, this is the first of a series reports that the Commission will publish as it continues with the monitoring efforts during this pandemic period. Download Report
African National Human Rights Institutions and Sustainable Development: An Overview Of Good Practice
Given the intertwined and mutually-reinforcing nature of sustainable development frameworks and human rights standards, National Human Rights Institutions (NHRIs) can play a key role in ensuring accountability for the Sustainable Development Goals (SDGs) and the African 2063 Agenda.Download Report
National Values & Principles of Governance: Series No. 3 of 2018.
This is the Third part of a series titled National Values & Principles of Governance. It is an alternative report of state compliance on implementation of the National Values and Principles of Governance (NVPG) enshrined in Articles 10(2)(a)(b)(c)(d) of the Constitution. Download Report
Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill 2018
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Realisation Of National Values And Principles Of Governance For The Period 2013-2017 – Jubilee Score Card
By virtue of this constitutional provision and that within Section 8 of KNCHR Act, KNCHR has undertaken various research studies and submitted reports to the President and the Parliament. In this regard, the most relevant research is, National Values & Principles of Governance: An Alternative Report of State Compliance on Obligations under Article 132(c)(i) Constitution of Kenya 2010 on Realisation of Article 10. This research is alternative report generated by KNCHR in 2016 on the government of Kenya’s implementation of the national values and principles of governance (NVPG) enshrined in Articles 10(2)(a)(b)(c)(d) of the Constitution. Download Report
Guidelines for HRBA To Public Policy and Law Making
These Guidelines summarize information and approaches on how to effectively use the HRBA to ensure that policy formulation and law making in Kenya engenders desired people-centered outcomes through legitimate processes. The Guidelines further provide practical advice about how public officers can develop an increased understanding of human rights, and how to move from statements of principle to practice. The Guidelines are a pathway to assist public officers assess what they do, why, and how they can improve practice in public policy and law making. Download Report
Sessional Paper No. 3cof 2014
The formulation of the National Policy and Action Plan on Human Rights marks an important milestone in the national strive towards the fulfilment, respect, observance, promotion and protection of human rights. The National Policy and Action Plan gives effect to Chapter Four of the Constitution, which is the legal and constitutional framework on human rights in Kenya. The successful implementation and operationalization of Chapter Four requires the development and adoption of an overarching coherent policy framework that sets human rights goals and priorities within achievable time frames and provides guidance to all actors regarding the specific tasks that need to be accomplished to ensure that human rights principles are integrated and mainstreamed in all aspect of the Govt. developmental Download Report
Human Rights Baseline Survey Report
This is a survey report as carried out by KNCHR towards the end of 2015 in 8 regions of the country (former provinces). The aim of the survey was to gather relevant quantitative and qualitative data to help assess achievements made on its revised strategic plan, 2015-2018. The baseline survey mapped indicators at all level of results which will be used to measure progress against the set goals and objectives throughout the life cycle of the revised strategic plan. Download Report
The Sub Regional Conference for Eastern Africa National Human Rights Institutions- Nairobi, 7-9 December 2015
This is a report consolidating highlights of a conference which was jointly organized by KNCHR and NANHRI with the support of the Royal Netherlands Embassy brought together NHRIs from Eastern Africa and civil society groups to discuss the situation of human rights in the region and deliberate strategies for addressing common issues. Download Report
It’s Hard to be Good_Work, Wins and Challenges of KNCHR
The Kenya National Commission on Human Rights (‘KNCHR’) has come of age. The past eight years of the Commission’s existence have witnessed remarkable milestones in the never-flagging national aspiration of ensuring that Kenyans have effective exercise of their human rights; and the Commission has played essential roles in facilitating this progress. Yet coming of age has had its ups and downs, and its high as much as low points. KNCHR has withstood and perhaps paradoxically prospered as an independent, determined and dedicated human rights institution. Download Report
Keeping the focus: A human rights agenda
The Kenya National Commission on Human Rights (KNCHR) congratulates Kenyans for turning out in large numbers and peacefully exercising their democratic right to vote. KNCHR further congratulates all elected leaders as they assume office.
KNCHR wishes to call upon the new Government to ensure that the aspirations of Kenyans as eloquently pronounced in the Constitution of Kenya, 2010 are actualized by addressing the following concerns. Download Report
MAKING THE BILL OF RIGHTS OPERATIONAL : POLICY, LEGAL AND ADMINISTRATIVE PRIORITIES AND CONSIDERATIONS
The coming into effect of the Constitution of Kenya 2010 is only a beginning of the process of change that Kenyans voted for. Real and
meaningful change will happen only when the letter and spirit of the Constitution is effected. In this occasional report, the Commission seeks to provide policy makers and policy implementers with practical ideas on how to utilise the Bill of Rights while undertaking their executive, legislative or judicial functions under the Constitution.
The report has been compiled following a study of the conceptual and practical uses of Bills of Rights around the world. Specific themes in Kenya’s Bill of Rights have been reviewed alongside comparable experiences from other jurisdictions. Download Report
An Evening with TOM MBOYA
“Pan Africanism is changing the arbitrary and often illogical boundaries set up by the colonial powers in their mad scramble for Africa Many students of African Affairs are constantly asking us what sort of societies or governments we hope to set up when our freedom is won…It will not be a blue-print copy of what is commonly referred to as western. What we shall create should be African, conditioned and related to conditions and circumstances of Africa. It shall be enriched by our ability to borrow or take what is good from other systems, creating a synthesis of this with the best of our own systems and cultures.” Download Report
LIVING LARGE: COUNTING THE COST OF OFFICIAL EXTRAVAGANCE IN KENYA
This report is the first in a series in which the Kenya National Commission on Human Rights and Transparency International Kenya will be highlighting instances of wasteful expenditure in the use of tax-payers funds. The report focuses on the purchase of high-end, luxury vehicles by senior government officials in the fi rst year of the NARC administration.
It translates the cost of such expenditure into real things that could have been done to alleviate poverty. While the extent of wastage revealed in this report is shocking, information that we have come across during the course of the research suggests that the actual situation is much worse. Unconfirmed reports indicate instances where senior officials have several luxury vehicles at their disposal, in addition to others being allocated to their spouses and children. Download Report
Access to Electricity in Kenya: Enabling the Realization of Human Rights
This publication is based on an analysis of data collected during a study conducted in 2010, using a combination of survey and non-survey methods, from across the country. About 1200 households across Kenya were interviewed. The analysis illustrates the centrality of electricity in enhancing the realization of human rights and therefore makes a case for its universalization in terms of access. This publication also captures recent progress in implementation of electrification reforms, as well as the setbacks affecting implementation. It further seeks to assess the targets, expected outcomes and indicators of electrification, by considering such factors as the affordability and reliability of electricity in Kenya. It provides reviews of the level of performance by the government in the provision of electricity and also discusses the measures that the government has taken to address any shortcomings in this regard. Download Report
Admissibility Criteria
The State is bound by law to protect every person's human rights. If it is unable to do that or if the State or its agents or any person who is acting on behalf of the State, does anything to reduce, disrespect or interfere with another person's human rights then it becomes a violation. Download Project
Arbitration of Land Disputes
In Tharaka-Nithi County By Njûriîncheke Elders Court Under The Auspices Of Kenya Commission On Human Rights (Knchr) During The June 11th – 15th , 2012 Period. Download Report
Training Manual on Human Rights Based Approaches To Governance And Development
This manual aims at providing a didactic framework and strategic orientation for building the capacities of state agencies and non-state actors to gain understanding of human rights based approaches to governance and service delivery and to ensure these approaches are mainstreamed in their interventions. Download Report