Business and Human Rights

MODEL OPERATIONAL LEVEL GRIEVANCE MECHANISMS FOR BUSINESSES IN KENYA

As Kenya’s National Human Rights Institution, KNCHR has consistently promoted the mainstreaming of human rights across governance, policy, and practice. This publication marks an important milestone in our shared endeavour to ensure that business operations not only drive economic growth but also respect, protect, and promote the dignity and rights of all persons.
The OGM framework offers structured and practical guidance to businesses on establishing grievance mechanisms that are legitimate, accessible, predictable, and compatible with human rights standards. It places affected individuals and communities at the centre of the grievance process, ensuring that remedies are fair, transparent, and responsive to their needs. Adoption of these mechanisms will enable businesses to strengthen trust with stakeholders, enhance their social licence to operate, and contribute meaningfully to sustainable development.
This guide serves as both a practical resource and a call to action. It underscores the imperative for
businesses to embrace accountability and transparency, and affirms that respect for human rights
is integral to long-term sustainability and success. KNCHR commends all partners and contributors
whose efforts have made this publication possible and reaffirms its commitment to working with
government, civil society, and the private sector to support its effective implementation. Download here


HUMAN RIGHTS DUE DILIGENCE FRAMEWORK FOR BUSINESSES IN KENYA

The HRDD Framework is anchored in Kenya’s National Action Plan on Business and Human Rights (NAP) and aligns with internationally recognized standards, including the United Nations Guiding Principles on Business and Human Rights (UNGPs). It provides practical guidance for enterprises to identify, prevent, and address human rights risks in their operations and supply chains.
We recognize that businesses—large and small—face challenges in embedding human rights into their daily practices. This framework therefore offers simplified tools and approaches that are accessible to all enterprises, while encouraging innovation and collaboration. By adopting HRDD, businesses can strengthen accountability, build trust with communities, and contribute to sustainable development.

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Advancing A Human Rights-Based Energy Transition In Kenya: Monitoring Human Rights Compliance In Renewable Energy Operations In Nakuru And Narok Counties

This report examines human rights compliance among renewable energy companies in Nakuru and Narok Counties amid Kenya's clean energy transition. Drawing on policy analysis, interviews, and desktop research, it assesses labor standards, community engagement, and gender dynamics. While companies have made progress in safety, gender initiatives, and community liaison systems, key gaps remain — including weak policy implementation, inadequate community consultation, environmental concerns, and low women's representation in leadership. The report calls for stronger rights-based policies, transparent engagement, and more effective grievance handling for a just energy transition. Download Report 


Kenya’s Coffee Sector Wide Impact Assessment 

Christina Arrumm

As world value chains increasingly adopt responsible business practices, there is growing need for businesses to conduct human rights due diligence (HRDD) - to identify, assess and address potential and actual adverse human rights impacts in their operations and value chains. The demand from buyers and international markets for transparency and accountability, has further enhanced the responsibility of businesses to respect human rights. The Kenyan government demonstrated its commitment to promoting responsible business practices by adopting the country’s first National Action Plan on Business and Human Rights (NAP) – Sessional Paper No.3 of 2021. The NAP provides comprehensive policy actions for protecting against human rights abuses by businesses in Kenya, whether state owned or private including the requirement for businesses to conduct comprehensive and credible human rights impact assessments to prevent and address human rights violations.

Kenya’s agriculture sector is one of many that are encountering these changing business dynamics. Agriculture is critical to Kenya’s economy accounting for approximately 22.5% of Gross Domestic Product (GDP). It is also a key foreign exchange earner for the country. The sector employs the largest percentage of the population at about 40%. Despite this, agribusinesses in Kenya have been subject of scrutiny, with reports of human rights violations particularly around labour rights and security. With a good percentage of Kenyan crops like tea and coffee being produced for export, respect for human rights must be embedded in business practice for sustainability.   

The KNCHR is glad to have been a part of a sector wide impact assessment of Kenya’s coffee value chain. The assessment led by the Kenya National Chamber of Commerce and Industry (KNCCI) in collaboration with the Danish Institute of Human Rights (DIHR) and the KNCHR assessed human rights risks and challenges facing the sector. The assessment was conducted between October 2024 and May 2025 across six coffee-producing counties—Kirinyaga, Nyeri, Kiambu, Embu, Kericho, and Nandi. The report contains findings that highlight multiple human rights impacts across all levels of coffee production and makes recommendations geared towards strengthening human rights protections and promoting sustainability in Kenya’s coffee sector.

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As a National Human Rights Institution, KNCHR continues to advocate for business respect for human rights in line with the UN Guiding Principles on Business and Human Rights and Kenya’s National Action Plan on Business and Human Rights.To promote  the enjoyment of human rights for all, KNCHR particularly seeks to empower businesses to ensure their practice is in line with national, regional and international human rights standards. To integrate a Human Rights-Based Approach (HRBA) into business operations, it is imperative that all stakeholders are empowered through structured actions. The KNCHR has thus developed a Business and Human Rights Curriculum and the Business and Human Rights Trainers guide, as practical tools to help businesses and business relations to build their capacity to adopt responsible business practices.

 

CURRICULUM Download here

A TRAINERS GUIDE Download here


Guidance Notes For Gender Responsive Operational Level Grievance Mechanisms

This Guidance Note gives advice on how to establish gender responsive operational-level grievance mechanisms or mainstream gender in already existing OGMs such that business enterprises ensure access to effective remedy for business-related human rights abuses by all, irrespective of gender. The underlying aim of enhancing the gender-responsiveness of operational-level grievance mechanisms is to.. Read More

 

 


Respect For Human Rights: Corporate Human Rights Benchmark For Kenyan Companies

This report examines the state of human rights due diligence practices among the largest Kenyan companies, drawing on the framework provided by the United Nations Guiding Principles on Business and Human Rights (UNGPs). It assesses the extent to which these companies conduct and communicate about their human rights due diligence processes, with a focus on transparency, sectoral disparities, access to remedy, and commitment to remedy adverse impacts. Download Report

 


 Sessional Paper No.3 of 2021-National Action Plan.

The development of this National Action Plan involved an extensive stakeholder consultative process. The development process was led by the Office of the Attorney General & Department of Justice and the Kenya National Commission on Human Rights and coordinated by an inter-agency National Steering Committee.This Action Plan details policy priority areas that the Government will focus on in the next five years in a bid to ensure that all businesses including state owned enterprises respect human rights. The Action Plan consolidates the existing efforts in the protection and fulfilment of human rights by the state and other non-state actors. Download Report


 National Action Plan on Business and Human Rights​ 2019.

The Government through the Office of the Attorney General & Department of Justice has developed a National Action Plan on Business and Human Rights, a comprehensive strategy for protecting against human rights abuses by businesses, whether private or owned by Government.The development process was led by the Office of the Attorney General & Department of Justice and the Kenya National Commission on Human Rights and was coordinated by an inter-agency National Steering Committee.
This Action Plan details policy priority areas that the Government will focus on in the next five years in a bid to ensure that all businesses including State Owned Enterprises respect human rights. The Action Plan consolidates the existing efforts in the protection and fulfilment of human rights by the State and non state actors. I call upon both levels of Government and businesses to put in place the necessary mechanisms to facilitate the implementation of this National Action Plan. Download Report


The Malindi Public Inquiry Audit Report: An Audit of 2006 KNCHR Public Inquiry on Salt Harvesting in Magarini, Malindi.

The Malindi Public Inquiry Audit Report: An Audit of 2006 KNCHR Public Inquiry on Salt Harvesting in Magarini, Malindi. This report is the product of an audit conducted in February 2017 by the KNCHR with cooperation of representatives from the salt sub sector. The audit is premised upon the 2006 public inquiry into allegations of human rights violations arising from the activities of salt manufacturing companies in Magarini in Malindi Sub- County. Download Report

 


Public Inquiry Report On Mining And Impact On Human Rights: Taita Taveta County

The extractive sector in Kenya has become a major theatre of human rights violations especially in the last few years. In the wake of this significance and the development of new standards on human rights in business, there is hence a critical focus on the extractive sector as a key violator of human rights, not just in Kenya but the world.  In this regard and in exercise of its mandate, the Kenya National Commission on Human Rights responded to various human rights complaints from the mining sector in Taita Taveta. Ultimately a public inquiry was carried out, in August 2016, to open up the investigations to the general public and all interested parties to make presentations on the status or experiences in regard to the enjoyment of fundamental human rights and mining activities in Taita Taveta County.  This report documents the Public Inquiry that was held in Taita Taveta and makes recommendations that KNCHR believes will contribute to a transparent and accountable extractive sector in which human rights are protected and respected. Download Report


East African Roundtable for Business Leaders: Implementing Corporate Respect for Human Rights

This report has been written to document key speeches, discussions, insights and outcomes from a one-day business-to-business Roundtable entitled ‘Implementing Corporate Respect for Human Rights’, held in Nairobi, Kenya, on 8th November 2012. The Roundtable was aimed at business leaders from East Africa as well as multinational corporations (MNCs) operating in the region. The event highlighted the experiences of Kenyan businesses and relevant experts, exploring the value of and challenges related to corporate respect for human rights in Kenya and East Africa more generally. Download Report


Malindi inquiry reportMALINDI INQUIRY: REPORT OF A PUBLIC INQUIRY INTO ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS IN MAGARINI, MALINDI

The Kenya National Commission of Human Rights undertook a public inquiry in July 2005 into allegations of human rights violations arising from the activities of salt manufacturing companies in Magarini Division of Malindi District. The Inquiry arose in terms of Section 16(a) of the Kenya National Commission on Human Rights Act 2002 which establishes one of the Commissions functions as “to investigate, on its own initiative or upon complaint made by any person or group of persons, the violations of any human rights”. Download Report


Summarised Version of the United Nations Guiding Prinicples on Business and Human Rights

The UN Secretary General Kofi Anan appointed a special representative (John Ruggie) in 2005 to advice and clarify the roles and responsibilities of states, companies and other social actors in the business and human rights sector. Having the experience
of failure of the “Draft Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights” Ruggie engaged in an extensive consultation process in which all actors were consulted. These included states, businesses, NGOs with the aim of establishing a consensus between the actors. Download Report