THE UNITED NATIONS COMMITTEE AGAINST TORTURE PUBLISHES CONCLUDING OBSERVATIONS ON KENYA

The United Nations Committee against Torture considered Kenya’s Third Periodic Report on its implementation of the provisions of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment during its 73^rd Session held from 19^th April 2022 to 13^th May 2022. The consideration was done during a public session held on 4^th May 2022 and comprised of the State’s presentation of its report and an opportunity for the Committee to pose questions to the Kenyan delegation regarding its implementation of the Convention. These proceedings can be followed at https://media.un.org/en/asset/k1d/k1d5kir4oy. Additionally, the State was given an opportunity to reply to the questions posed by the Committee during a public session held on 5^th May 2022. To access the State’s responses, please visit https://media.un.org/en/asset/k1l/k1lv9biep5.

Following the consideration, the Committee adopted and published its concluding observations on Kenya’s Third Periodic report on 11^th May 2022. In its concluding observations, the Committee commended the State for taking positive steps to implement the Convention. The Committee, however, raised concern over several issues and urged the State to take legislative and other measures to ensure better implementation of the Convention. Some of the issues raised include: 

1. Poor implementation of fundamental legal safeguards for persons deprived of liberty.
2. Low number of investigations, prosecutions and convictions of perpetrators of extrajudicial killings, enforced disappearances and excessive use of force.
3. Insufficient funding for the Kenya National Commission on Human Rights.
4. Clause 19 (2) of the 2021 Refugees Act allows for broad exceptions to the principle of non-refoulement on the basis of public morality.
5. Impunity and lack of accountability and prosecution for acts of torture and ill-treatment.

The Concluding Observations are available at https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/KEN/INT_CAT_COC_KEN_48653_E.pdf.

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REVIEW OF THE REPUBLIC OF KENYA BY THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

The 71^st Ordinary Session of the African Commission on Human and Peoples’ Rights is scheduled to take place from 21^st April 2022 to 13^th May 2022. During this Session, the African Commission will review the Republic of Kenya on the measures it took to implement the provisions of the African Charter on Human and Peoples’ Rights and the Maputo Protocol from 2015 to 2020, based on the information it provided in its 12th and 13th Combined Periodic Reports. This review will take place on Friday, 29^th April 2022 virtually and will comprise a presentation of the Periodic Report by the Kenyan delegation; a session for the Commissioners and Special Mechanisms of the Commission to pose questions to the delegation; and an opportunity for the Kenyan delegation to respond to these questions. The draft programme is available at https://www.achpr.org/sessions/info?id=380.

In addition to the Periodic Report, Kenya’s review by the African Commission will be greatly informed by information provided by other actors including the Kenya National Commission on Human Rights, international and civil society organizations. In September 2021, the Kenya National Commission on Human Rights submitted its Shadow Report on Kenya's implementation of the African Charter and Maputo Protocol. The report critically examines the implementation of the provisions of the two regional human rights instruments and proposes recommendations for better protection and respect for human rights. Additionally, during the Session, the Kenya National Commission on Human Rights, as other A status NHRI will have an opportunity to deliver a Statement on the state of human rights situation in Kenya.

Since acceding to the African Charter on Human and Peoples’ Rights in 1992, Kenya has submitted three Periodic Reports to the African Commission and has been reviewed twice by the African Commission during its May 2007 41^st Ordinary Session and its November 2015 57^th Ordinary Session. The Commissioners and the Secretariat of the African Commission, all States Parties, Organs of the African Union, National Human Rights Institutions, International Organizations, Non-Governmental Organizations, and other members of the general public are invited to attend the 71^st Ordinary Session. For more information about the review and registration for participation, please visit: https://www.achpr.org/sessions/info?id=379. The Ordinary Session will be live streamed on: https://www.youtube.com/channel/UCgwJmiMTr59J0jYZJJtfzuw To participate in the public session zoom webinar, please register on Https://Zoom.Us/Webinar/Register/WN_qoJfD5veQM2QPW7Dyx6mzg

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REVIEW OF KENYA BY THE COMMITTEE AGAINST TORTURE

The 73^rd Session of the Committee against Torture is scheduled to take place from 19^th April 2022 to 13^th May 2022. During this Session, the Committee will consider Kenya’s Third Periodic Report which outlines the measures taken by the State to implement the provisions of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment which Kenya acceded to in February 1997.  The Third Periodic Report is available for download here. This session will be public and will take place on Wednesday 4^th May 2022 from 10 am (Geneva time). The proceedings of the 73^rd Session of the Committee can be followed live on UN Web TV.  To inform the review, the Committee relies on additional information submitted by other actors including National Human Rights Institutions, and international and civil society organizations. The Kenya National Commission on Human Rights submitted its Alternative report on Kenya's Implementation of the Provisions of the Convention Against Torture on 18^th March 2022. The report details the measures, progress, key concerns and challenges encountered while implementing the provisions of the Charter. Prior to the consideration of Kenya’s report, the Commission will hold a one-hour private meeting with the Committee on 3^rd May 2022 to inform it on Kenya’s implementation of the Convention, as well as the achievements and challenges the Commission has faced in implementing the Convention. For more information about the upcoming review, please visit https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2495&Lang=en

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KNCHR submits advisory on removal of Kenya’s reservation under Article 14 (2) (c) of the Maputo Protocol:

Kenya is a State Party to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (also known as the Maputo Protocol), having acceded to it in October 2010. By doing so, it consented to being bound by the provisions under the Protocol, and to respect, protect and fulfil the rights of women and girls in Kenya. However, when it acceded to the Protocol, Kenya made a reservation to Article 14 (2) (c) of the Protocol which obligates State Parties to “protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.” Download Report

KNCHR submits its Shadow Report on The African Charter on Human and Peoples’ Rights and the Maputo Protocol:

The Kenya National Commission on Human Rights has submitted to the African Commission on Human and Peoples’ Rights its shadow report on the African Charter on Human and Peoples’ Rights (African Charter) and the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol). The report critically examines the implementation of the provisions of the two regional human rights instruments and proposes recommendations for better protection and respect for human rights. Download Report

Concluding Observations and Recommendations by the African Committee of
Experts on the Rights and Welfare of the Child (ACERWC) on the Second Periodic Report of the Republic of Kenya:

The African Committee of Experts on the Rights and Welfare of the Child (ACERWC/the Committee) extends its compliments to the Government of the Republic of Kenya and expresses its appreciation for the submission of the second periodic report on the status of the implementation of the African Charter on the Rights and Welfare of the Child (the African Children’s Charter/the Charter) which was submitted in accordance with the State Party’s obligation under article 43 of the Charter. Download Report

The Second And Third State Party Periodic Report 2012- 2017 On The African Charter On The Rights And Welfare Of The Child Presented To The African Union:

The Republic of Kenya is obligated to promote, protect and fulfil the rights outlined under the African Charter on the Rights and Welfare of the Child (ACRWC) ratified in the year 2000. The State Party presents the combined Second and Third Periodic Reports in fulfilment of the requirements of the Charter. The Report contains responses to the Concluding Observations of the Committee of Experts; State Party progress on the implementation of the Charter and Evidence on Integration of Sustainable Development Goals (SDGs) and “Agenda 2040 – Fostering an Africa fit for Children” towards implementation of the Charter.Kenya is committed to implementation of the Charter to ensure protection and fulfilment of Children rights. Download Report

Responses To Issues Raised By The African Committee Of Experts On The 2nd And 3rd State Party Periodic Report:

Kenya submitted the second- and third-party State Party periodic report covering the period 2012-2017 on the level of implementation of The African Charter on the Rights and Welfare of the Child (ACRWC) to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in November, 2018.  The report also covered the Responses to the Concluding Observations drawn from the first State Party periodic report. Upon consideration, the committee raised issues requiring clarifications and additional information. The following is an account of responses to the specific queries.

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The Kenya National Commission on Human Rights has published a new report documenting the situation of human rights defenders in Kenya working to address violence based on sexual orientation and gender identity. The report is titled 'TheUndefended Defender: The Situation of Human Rights Defenders Working towards Addressing Violence based on Sexual Orientation, Gender Identity and Expression in Kenya: A Focus on Kisii, Garissa and Kajiado.' Among the key findings of the report is that human rights defenders working to address violence based on sexual orientation and gender identity face a myriad of challenges which include: harassment, rejection by family, destruction of property, loss of life, forceful eviction, discrimination, detention, torture, defamation, loss of employment, denial of freedom of movement and difficulty in obtaining legal recognition for their associations. Download Report

United Nations Committee on Human Rights Concluding Observations on the Fourth Periodic Report of Kenya- The Concluding Observations and Recommendations details the positive aspects of Kenya’s implementation of the ICCPR, areas of concern and recommendations to address concerns raised by the Human Rights Committee during Kenya’s review. Download Report

KNCHR Oral Statement at the Human Rights Committee Private Session during the Review of the Republic of Kenya at the 130th Session of the Human Rights Committee, 8th March 2021- The statement read by the Chief Executive Officer and Commission Secretary, provides an overview of the Implementation of the ICCPR to the Committee during Kenya’s review. Download Report

KNCHR Report to the United Nations Human Rights Committee on the Implementation of the Provisions of the International Covenant on Civil and Political Rights- This report details the status of implementation of the International Covenant on Civil and Political Rights for the period 2013-2021 as submitted to the United Nations Human Rights Committee. The report has been prepared pursuant to the Commission’s mandate to monitor and enhance state compliance with international and regional instruments relating to human rights.Download Report

KNCHR Additional Report to the United Nations Human Rights Committee on the Implementation of the Provisions of the International Covenant on Civil and Political Rights- This report provides information on the status of implementation of the International Covenant on Civil and Political Rights during COVID-19 pandemic. It covers the period of 2020. The report has been prepared pursuant to the Commission’s mandate to monitor and enhance state compliance with international and regional instruments relating to human rights.Download Report

Briefing Report On The Implementation Of The African Charter On The Rights And Welfare Of The Child:

The report submitted in August 2020 provides an overview of Kenya’s implementation of the African Charter on the Rights and Welfare of the Child. The report was prepared to inform the review of Kenya by the African Committee of Experts on the Rights and Welfare of the Child on the status of implementation of the African Charter on the Rights and Welfare of the Child. Download Report

Alternative Report On The Implementation Of The Convention Against Torture And Other Cruel, Inhuman And Degrading Treatment Or Punishment:

Submitted to the Committee against Torture in March 2022, the alternative report details the efforts that Kenya has made to implement the provisions of the United Nations Convention against Torture. The report aims to inform Kenya’s review by the Committee against Torture on its implementation of the provisions of the Convention against Torture.

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National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*Kenya

The report has been prepared by the Government of Kenya led by the National Committee on International and Regional Human Rights Obligations. Pursuant to Human Rights Council Resolution 5/1, the report outlines measures taken by the Government of Kenya to implement the recommendations accepted during the 1^st and 2^nd Cycle of the UPR as well as developments on the human rights situation in the Republic of Kenya. The report also highlights the challenges that Kenya faces which would require the support of  the international community.

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Summary of Stakeholders’ submissions on Kenya

The Summary of Stakeholders Information is prepared by the Office of the High Commissioner for Human Rights pursuant to Human Rights Council Resolution5/1 and 16/21. The summary contains the submissions from 52 stakeholders i.e. National Human Rights Institution and Civil society Organizations on the state of human rights in the Republic of Kenya. A separate section is provided for the contribution of Kenya National Commission on Human Rights, the ‘A’ Status accredited National Human Rights Institution of Kenya.  Download Summary

Compilation on Kenya: Report of the Office of the High Commissioner for Human Rights

The report which has been compiled by the Office of the High Commissioner for Human Rights contains information on Kenya derived from reports of treaty body mechanisms, special procedures and other United Nations documents. The report is presented in summarised manner owing to word limit constraints. Download Report

Kenya National Commission on Human Rights (KNCHR) Third Cycle UPR Report 2019

Following the second cycle review of Kenya, the Kenya National Commission on Human Rights (KNCHR) and the Kenya Stakeholder’s Coalition of the UPR engaged in the formulation of the Government of Kenya UPR Implementation Matrix.The Commission has been monitoring and lobbying for the implementation of the 192 recommendations accepted by the State and has actively engaged in mid-term review of implementation of the recommendations with state and non-state actors. The Commission has prepared a mid-term report auditing status of implementation of recommendations by the State.

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Universal Periodic Review Implementation Matrix  2015-2019

Kenya’s march towards the creation of a human rights state and society is irreversible. Anchored on a progressive Constitution, a vibrant civil society, strong and independent institutions, and a vigilant population the country’s ambition to secure and promote human rights and the dignity of humanity will be fully realized. The Government of Kenya is committed to its human rights obligations both regionally and internationally. Download Report

This is a compilation of reports as submitted by the State, KNCHR(National Human Rights Institution), and NGOs to the Committee on Child Rights. These reports formed the basis by which Kenya was reviewed on the implementation of the Convention on the Rights of the Child by the committee.  It also includes recommendations made to Kenya by the Committee. Download Report

 

This is a compilation of reports as submitted by the State, KNCHR(National Human Rights Institution), and NGOs to the Committee on Economic, Social and Cultural Rights. These reports formed the basis by which Kenya was reviewed on the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESRC) by the committee.  It also includes recommendations made to Kenya by the Committee. Download Report

 

This is a compilation of reports as submitted by the State, KNCHR(National Human Rights Institution), and NGOs to the Committee on the Rights of Persons with Disabilities. These reports formed the basis by which Kenya was reviewed on the implementation of the Convention on the Rights of Persons with Disabilities by the Committee.  It also includes recommendations made to Kenya by the Committee. Download Report

UNIVERSAL PERIODIC REVIEW: Accounting For Human Rights Protection Under The UPR: The Difference Kenya’s Stakeholders Made
This publication gives an account of Kenya’s stakeholders experience in the UPR process. National Human Rights Institutions and Civil Society organizations can learn
from the experience of Kenya’s stakeholders, particularly the advocacy strategies which the stakeholders employed to get their concerns addressed during the review
of Kenya.
Acknowledging that the UPR is about progressing, promoting and protecting human rights on the ground, the stakeholders are currently involved in the follow-up stage to ensure the actual implementation of the recommendations accepted by the state. It is our hope that the UPR process will result in meaningful change and help the country to strengthen its system of human rights protection. Download Report

UNIVERSAL PERIODIC REVIEW: An Assesment by Stakeholders of Government’s performance in implementation of UPR Recommendations
This report contains an assessment of the Government of Kenya’s performance in implementing recommendations made to it during the Universal Periodic Review (UPR). This assessment has been undertaken against the backdrop of the key expectations of the Kenya Stakeholders Coalition for the UPR (KSC-UPR) as outlined in the Outcomes Charter which was launched in February 2011 and shared with the Government.
The KSC-UPR comprises human rights organizations as well as Kenya’s national human rights institution, the Kenya National Commission on Human Rights (KNCHR). The assessment follows the thematic areas around which the UPR recommendations were made. These areas are: 1) access to Justice, 2) transitional Justice, 3) protection of human rights defenders and witnesses, 4) freedom of expression and access to information, 5) the death penalty, 6) torture and illtreatment, 7) children’s rights, 8) women’s rights, 9) the rights of minorities and indigenous peoples, 10) sexual orientation and gender identity, 11) the rights of persons with disabilities, 12) citizenship, 13) economic and social rights , and 14) ratification of international instruments.Download Report

UNIVERSAL PERIODIC REVIEW: UN Human Rights Council - Kenya’s Human Rights Balance Sheet