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Access to Justice Reports

Changing Times :Covid -19 and Access to Justice in KenyaChanging Times: Covid -19 and Access to Justice in Kenya

Access to justice concerns itself with official decision-making and the exercise of state power. It is important that measures  put in place to fight the COVID 19 pandemic do not erode fairness of legal outcomes but instead enhance the protection of legal rights and social norms that smoothen  the justice pathways for the common citizens.  It would be critical that any such policies and administrative measures contribute to public confidence in the justice system and justice institutions.
This study also looked at recommendations to consider whether the COVID 19 prevention and control measures (e.g. the use of  electronic communication, telephone or other appropriate means of restricting personal contact) which were implemented at the time, and some of which are still in use, were effective and sustainable to ensure access to justice for all as anticipated within Kenya’s Constitution. Indeed, court hearings/proceedings are still being conducted virtually, by video conferencing, and the number of people allowed into the courts are still restricted.  In some instances, as in the case of the Court of Appeal, sessions are on an invitation only policy.  Download Report


Tightening the Belts: Covid -19 and Employment Relations KenyaTightening the Belts:Covid -19 and Employment Relations Kenya

This Report is the culmination of a targeted interrogative study on the impact of COVID-19 on labour/employment relations in different parts of the country.  It presents the immediate reactions by labour and industry in dealing with and navigating the employment environment from March 2020 when COVID-19 was officially declared to the present situation when the economy has since been opened up after lifting several restrictions that had earlier on been placed as part of controlling the Covid 19 pandemic.  The Commission found that the main response of employers, in the face of COVID-19, was limited primarily to implementing public policy directives such as allowing staff to work from home or supporting immediate COVID-19 mitigating health and safety of staff in the workplace. Employer reactions were also industry specific. Download Report


PDF ICONNHRI information to the 128th session of the Human Rights Committee

The submission provides information in relation to the Kenyan Government’s implementation of the International Covenant on Civil and Political Rights (ICCPR). Kenya acceded to the ICCPR on 1st May 1972 and submitted its initial report on 15 August 1979. This list of issues relates to the fourth periodic report of the State of Kenya which was due in 27th July 2015. The State submitted its report on 28 December, 2018.This submission demonstrates, through various situations and incidences, that there are significant areas where the Kenyan government could take steps to tremendously improve implementation of its obligations under ICCPR. The submission therefore includes recommendations, where appropriate. Download Report


The Kenya National Commission on Human Rights in collaboration with Civil Society Organisations and State agencies have been advocating for the decriminalisation and reclassification of petty offences in Kenya. Decriminalisation and reclassification involve administering new perspectives of dealing with petty offences which includes abolishing some petty offences from our current laws. The advocacy by KNCHR and CSOs targets to ease service delivery within the criminal justice system such and address aspects such as decongestion in prisons and places of detention that bear a great cost to the State. The Criminal Justice System should be empowered to use other measures such as issuance of warnings to offenders, compulsory counselling, community service orders for petty offences amongst other redress measures. Download Document

Report of the Kenya National Commission on Human Rights on Violations of Human Rights in the Matter of Miguna Miguna
The Commission admitted and followed this specific matter pursuant to its Constitutional obligation under Article 59 (1) (d) (e) of the Constitution of Kenya which requires the Commission: (d) to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by the national security organs; and (e) to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated;. Download Report

Constitutional Petition No.51 of 2018 - Judgement