14TH PERIODIC REPORT OF THE REPUBLIC OF KENYA
ON THE AFRICAN CHARTER ON HUMAN AND PEOPLES’
RIGHTS
AND
THE 2ND REPORT ON THE PROTOCOL TO THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE
RIGHTS OF WOMEN IN AFRICA
(MAPUTO PROTOCOL)
DECEMBER 2025
TABLE OF CONTENTS
ABBREVIATIONS AND ACRONYMS ....................................................................................... 3
INTRODUCTION ................................................................................................................ 5
RATIFICATION OF INTERNATIONAL AND REGIONAL INSTRUMENTS ..................................... 6
LEGISLATIVE MEASURES ON THE DOMESTICATION OF THE CHARTER ‘S PROVISIONS ........... 8
NHRI AND OTHER INSTITUTIONS ......................................................................................11
CIVIL POLITICAL RIGHTS ..................................................................................................11
ARTICLE 2: RIGHT TO FREEDOM FROM DISCRIMINATION ...........................................................................11
ARTICLE 3: RIGHT TO EQUALITY BEFORE THE LAW AND EQUAL PROTECTION OF THE LAW ...............14
ARTICLE 6: RIGHT TO PERSONAL LIBERTY AND PROTECTION FROM ARBITRARY ARREST ...................15
ARTICLE 7: RIGHT TO FAIR TRIAL ....................................................................................................................16
ARTICLE 4: RIGHT TO LIFE .................................................................................................................................17
Table 1: Number of Police Detention Facilities Inspected Between 2022 and September 2025
(Disaggregated by Financial Year) ......................................................................................................................19
ARTICLE 5: PROHIBITION OF TORTURE AND CRUEL, INHUMAN AND DEGRADING TREATMENT .........20
ARTICLE 9: RIGHT TO RECEIVE INFORMATION AND FREE EXPRESSION ...................................................21
ARTICE 10: RIGHT TO FREEDOM OF ASSOCIATION ......................................................................................22
ARTICLE 11: RIGHT TO FREEDOM OF ASSEMBLY ...........................................................................................23
ARTICLE 13: RIGHT TO PARTICIPATE IN GOVERNMENT ...............................................................................23
ECONOMIC, SOCIAL AND CULTURAL RIGHTS......................................................................24
ARTICLE 14: RIGHT TO PROPERTY / RIGHT TO HOUSING ...........................................................................24
ARTICLE 15: RIGHT TO WORK ...........................................................................................................................25
ARTICLE 16: RIGHT TO HEALTH ........................................................................................................................27
ARTICLE 17: RIGHT TO EDUCATION .................................................................................................................29
RIGHTS OF THE FAMILY AND VULNERABLE GROUPS ...........................................................32
RIGHTS OF OLDER PERSONS AND PERSONS WITH DISABILITY..................................................................32
RIGHTS OF REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS .........34
PROTECTION OF THE RIGHTS OF PEOPLE LIVING WITH HIV, THOSE AT RISK, VULNERABLE AND
AFFECTED BY HIV .................................................................................................................................................37
COLLECTIVE AND PEOPLE’S RIGHTS ..................................................................................37
EXTRACTIVE INDUSTRIES, ENVIRONMENT AND HUMAN RIGHTS VIOLATIONS .......................................37
INDIGENOUS POPULATIONS/COMMUNITIES AND MINORITIES...................................................................38
Table 1: Education Interventions, Objectives, and Achievements .................................................................39
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PART B: MAPUTO PROTOCOL ............................................................................................42
INTRODUCTION ....................................................................................................................................................42
ARTICLES 2, 8, 9 & 12: EQUALITY/ NON-DISCRIMINATION .................................................43
ELIMINATION OF DISCRIMINATION AGAINST WOMEN .................................................................................43
ARTICLE 8: ACCESS TO JUSTICE AND EQUALITY BEFORE THE LAW ..........................................................44
ARTICLE 9: POLITICAL PARTICIPATION AND DECISION-MAKING ...............................................................48
ARTICLE 12: RIGHT OF EDUCATION AND TRAINING .....................................................................................52
ARTICLES 3, 4 and 5: PROTECTION OF WOMEN FROM VIOLENCE ........................................54
ARTICLE 3: RIGHT TO DIGNITY .........................................................................................................................54
ARTICLE 4: RIGHT TO LIFE, INTEGRITY, AND SECURITY OF PERSON .......................................................55
ARTICLE 5: ELIMINATION OF HARMFUL PRACTICES .....................................................................................58
ARTICLES 6 AND 7: RIGHTS RELATED TO MARRIAGE ...................................................................................61
ARTICLE 14:
HEALTH AND REPRODUCTIVE RIGHTS ................................................................................62
ARTICLES 13, 15, 16 & 17: ECONOMIC, SOCIAL AND CULTURAL RIGHTS .............................64
ARTICLE 13: ECONOMIC AND SOCIAL WELFARE RIGHTS .............................................................................64
ARTICLE 15: RIGHT TO FOOD SECURITY .........................................................................................................68
ARTICLE 16: RIGHT TO ADEQUATE HOUSING ................................................................................................71
ARTICLE 17: RIGHT TO POSITIVE CULTURAL CONTEXT ...............................................................................73
ARTICLE 18: RIGHT TO A HEALTHY AND SUSTAINABLE ENVIRONMENT ...................................................75
ARTICLE 19: RIGHT TO SUSTAINABLE DEVELOPMENT INCLUDING THE RIGHT TO PROPERTY; ACCESS
TO LAND AND CREDIT .........................................................................................................................................76
ARTICLE 10: THE RIGHT TO PEACE...................................................................................................................76
ARTICLE 11: PROTECTION OF WOMEN IN ARMED CONFLICTS ...................................................................80
ARTICLES 20, 21, 22, 23, & 24 - RIGHTS OF SPECIALLY PROTECTED WOMEN’S GROUPS.......81
ARTICLES 20 – 21 WIDOWS RIGHTS INCLUDING INHERITANCE ................................................................81
ARTICLE 22: ELDERLY WOMEN ..........................................................................................................................82
ARTICLE 23: WOMEN WITH DISABILITIES ......................................................................................................83
ARTICLE 24: WOMEN IN DISTRESS ...................................................................................................................85
CONCLUSION ...................................................................................................................87
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ABBREVIATIONS AND ACRONYMS
ACHPR
African Charter on Human & Peoples Rights
AJS
Alternative Justice System
ATI
Access to Information
AU
African Union
BETA
Bottom-Up Economic Transformation Agenda
CAJ
Commission on Administrative Justice
CAK
Communication Authority of Kenya
CPHs
Community Health Promoters
CSOs
Civil Society Organizations
EACC
Ethics and Anti-Corruption Commission
GCM
Global Compact for Safe, Orderly and Regular Migration
GOK
Government of Kenya
ICPPED
International Convention for the Protection of All Persons from
Enforced Disappearance
IPOA
Independent Policing Oversight Authority
KDMECC
Kampala Declaration on Migration, Environment, and Climate
Change
KNBS
Kenya National Bureau of Statistics
KNCHR
Kenya National Commission on Human Rights
KPS
Kenya Prisons Service
KUSP
Kenya Urban Support Program
MDAs
Ministries, Department and Agencies
MLSP
Ministry of Labour and Social Protection
MOE
Ministry of Education
MOEF
Ministry of Environment and Forestry
MOL
Ministry of Lands, Public Works, Housing and Urban Development
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NCPWD
National Council on Persons with Disabilities
NGEC
National Gender and Equality Commission
NGOs
Non-Governmental Organizations
NHRI
National Human Rights Institutions
NLAS
National Legal Aid Service
NPS
National Police Service
OAG & SDOJ
Office of the Attorney General and State Department for Justice
ODPP
Office of the Director of Public Prosecutions
PACS
Probation and Aftercare Service
POTA
Prevention of Terrorism Act
SDGs
Sustainable Development Goals
SOA
Sexual Offences Act
VNRs
Voluntary National Reviews
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INTRODUCTION
1. The Government of Kenya (GOK) submits a single Report encompassing the 14th
Periodic Report to the African Commission on Human and Peoples’ Rights and the 1st
Report on the Protocol to the African Charter on the Rights of Women in Africa
(Maputo Protocol). This submission underscores Kenya’s continued commitment to
fulfilling its regional human rights obligations and advancing the promotion and
protection of human rights and fundamental freedoms within its territory.
2. This Report outlines the legislative, policy, administrative, judicial, and institutional
measures undertaken to give effect to the provisions of the African Charter and the
Protocol since the submission of Kenya’s combined 12th and 13th Periodic Report. It
also reflects Kenya’s implementation of the concluding observations and
recommendations issued by the African Commission, incorporates relevant
developments from the Universal Periodic Review (UPR) process, and aligns with
national priorities including Kenya’s Vision 2030, the Bottom-Up Economic
Transformation Agenda (BETA), the Fourth Medium-Term Plan (2023–2027), and the
African Union’s Agenda 2063.
3. The preparation of this Report was coordinated by the Office of the Attorney General
and the State Department for Justice, Human Rights and Constitutional Affairs
(OAG&SDOJ). The Report is informed by contributions and validated data from various
government ministries, departments and agencies (MDAs), independent commissions
and offices and civil society organizations. It also builds on the Universal Periodic
Review (UPR) Report submitted by Kenya in 2025, ensuring consistency and
complementarity in the State’s human rights reporting at the regional and
international levels.
4. The National Committee on International and Regional Human Rights Obligations,
established on 29th March 2019 as a standing inter-agency body on treaty reporting
and implementation follow-up, provided strategic oversight for the coordination and
compilation of this Report. The Committee comprises representatives from relevant
MDAs, national human rights institutions, and the State Department for Economic
Planning, thereby ensuring integration of the Sustainable Development Goals (SDGs)
and effective use of data from Voluntary National Reviews (VNRs) and Kenya National
Bureau of Statistics (KNBS).
5. During the reporting period, several developments influenced Kenya’s human rights
environment. These included the lingering socio-economic effects of the COVID-19
pandemic, the conduct of the 2022 General Elections, youth-led civic mobilization and
5
protests, ongoing economic recovery efforts, climate-related challenges such as
droughts and floods, and evolving security dynamics within the Horn of Africa. The
Government’s interventions in these areas have sought to safeguard constitutional
rights, maintain stability, and strengthen the resilience of vulnerable populations.
6. In view of these contextual developments, and recognizing that sustainable peace,
security, and development depend on respect for human rights, the Government of
Kenya strengthened the State Department for Justice, Human Rights and
Constitutional Affairs by elevating its institutional status and enhancing its financial,
technical, and operational capacity. While the Department has long played a central
role in promoting human rights through the development of laws and policies, its
mandate was broadened to include wider coordination of human rights
implementation.
RATIFICATION OF INTERNATIONAL AND REGIONAL INSTRUMENTS
7. Kenya has made significant strides in advancing human rights through international
commitments and national reforms. In 2022, Kenya acceded to the Protocol to the
African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa
and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Persons with Disabilities in Africa. These accessions underscore the Government’s
commitment to advancing social protection, equality, and non-discrimination against
older persons and persons with disabilities. To give effect to the Protocol on the Rights
of Persons with Disabilities, the Government enacted the Persons with Disabilities Act
2025, which repeals the previous Act and provides a comprehensive legal framework
for promoting and protecting the rights of persons with disabilities.
8. Kenya is a signatory to the Optional Protocol to the Convention on the Sale of Children,
Child Prostitution and Child Pornography. An inter-agency committee has been
constituted to initiate and coordinate the ratification process, including the alignment
of national procedures with treaty-ratification requirements. The elevation of the
Directorate of Children Services to a State Department has strengthened the
institutional capacity for coordination, compliance monitoring and policy
implementation in this area. The State has undertaken substantive normative and
institutional measures to reflect the Protocol’s core provisions. The Children Act,
Cap. 141 provides a comprehensive legal framework to protect children from
trafficking, sexual exploitation, and other forms of abuse. The Government also has
adopted the National Plan of Action to Combat Online Child Sexual Exploitation (2022–
6
2026) to address emerging threats in digital environments through coordinated
prevention, monitoring, and response measures.
9. Kenya has not ratified the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families. The Government of Kenya has
continued to strengthen the protection of migrant workers through the adoption of
the National Labour Migration Policy (Sessional Paper No. 5 of 2023), which provides
for pre-departure training, regulation of recruitment agencies, and ongoing welfare
monitoring of migrant workers abroad.
10. The proposed Labour Migration Management Bill, 2024 seeks to operationalise the
policy by institutionalising safe houses, establishing the Migrant Workers Welfare
Fund, and enhancing enforcement mechanisms for recruitment agencies. In addition,
the Global Labour Migration Strategy (2024), developed in collaboration with the State
Department for Labour and Skills Development, provides a framework for safe and
dignified migration while strengthening bilateral labour agreements to safeguard
Kenyan workers overseas.
11. During the national commemoration of the 75th anniversary of the Universal
Declaration of Human Rights, Kenya made a formal pledge to enact comprehensive
domestic legislation to criminalizes enforced disappearances. In line with this pledge,
the Honourable Attorney General established a Multi-Agency Committee in 2023 to
review Kenya’s legal and policy frameworks on enforced disappearances and
extrajudicial killings, with a specific mandate to propose legislative measures for the
criminalization of enforced disappearance under national law. Although Kenya has not
yet ratified the International Convention for the Protection of All Persons from
Enforced Disappearance (ICPPED), these measures demonstrate its commitment to
aligning domestic frameworks with international human rights standards.
12. Kenya continues to align national frameworks with the principles of the African Union
Convention for the Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention). The National Disaster Risk Management (DRM) Policy and the
Climate Change (Amendment) Act strengthen prevention, protection, and assistance
measures for internally displaced persons and communities affected by disasters. The
2025–2030 DRM Strategy, guided by the Sendai Framework for Disaster Risk
Reduction (2015–2030), integrates risk reduction into national and county planning,
reduces community vulnerability, and enhances resilience in line with the Bottom-Up
Economic Transformation Agenda (BETA) and Vision 2030.
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13. In 2025, Kenya convened two national forums to advance the Kampala Declaration
on Migration, Environment, and Climate Change (KDMECC) and supported its
expansion into KDMECC-AFRICA during the 2023 Africa Climate Summit. Outcomes
included agreement on a national action plan to strengthen climate adaptation in
displacement-prone areas and improved coordination between government,
humanitarian, and county actors. Current efforts focus on operationalizing resilience
hubs, enhancing mobility data systems, and promoting climate-resilient livelihoods
with support from national and regional partners.
14. Kenya remains a de facto abolitionist state, maintaining a longstanding moratorium
on executions since 1987. Notably, in December 2024, Kenya voted in favor of the
United Nations General Assembly’s 10th resolution calling for a global moratorium on
the use of the death penalty signaling a meaningful shift toward progressive penal
policy aligned with international human rights standards. In 2023, the Penal Code
(Amendment) Bill was introduced to replace the death penalty with life imprisonment
which has since been adopted by the Justice and Legal Affairs Committee, pending
parliamentary debate.
15. At the 2023 Global Refugee Forum, Kenya pledged to eliminate statelessness by 2027.
In line with this, it is developing a National Action Plan to guide implementation. The
plan includes registering stateless persons as citizens, enacting legal reforms, and
acceding to the 1954 and 1961 UN Conventions. Progress has been demonstrated
through the recognition of historically stateless communities, including the Makonde,
Shona, and Pemba.
LEGISLATIVE MEASURES ON THE DOMESTICATION OF THE CHARTER ‘S
PROVISIONS
16. All legislative and other measures undertaken to give effect to the provisions of
Chapter 1 of the African Charter during the reporting period have been integrated
throughout the substantive sections of this Report, including those relating to the
domestication of the Charter’s provisions through national legislation and policy
frameworks.
(i) Persons with Disabilities Act, 2025 - This landmark legislation came into force in
May 2025, reinforcing a human-rights approach to disability inclusion. The Act
mandates accessible education, employment, healthcare, political participation,
and public facilities for persons with disabilities, with strict penalties for rights
violations. The Act fully aligns with Article 18(4) of the African Charter on Human
8
and Peoples’ Rights and the Protocol on the Rights of Persons with Disabilities in
Africa.
(ii) The Kenya Social Protection Policy 2023 and The Social Protection Act, 2025 – The
Policy was developed to address Kenya’s evolving social protection needs and
rising vulnerabilities, including the impact of COVID-19 and climate-related shocks.
It provides a comprehensive framework for coordinating social protection
programmes and aligns with the ILO Social Protection Floors Recommendation No.
202 of 2012. The Act, operationalises the Policy by prescribing institutional
responsibilities, programme standards and financing arrangements aimed at
progressively realising universal social protection. The Act was assented to in July
2025, and the development of regulations is ongoing.
(iii) The Children Act, Cap. 141 & National Plan of Action to Combat Online Child Sexual
Exploitation (2022–2026) – The Act provides a comprehensive legal framework for
the care and protection of children in Kenya. It gives effect to the principles of the
Convention on the Rights of the Child and the African Charter on the Rights and
Welfare of the Child by outlining provisions for parental responsibility, fostering,
adoption, custody, guardianship, maintenance, and the administration of children’s
institutions. Complementing this statutory framework, the Action Plan was
developed by the Department of Children’s Services in response to the rising threat
of online child sexual exploitation and abuse (OCSEA) amid Kenya’s rapidly
expanding digital ecosystem.
(iv)The Affordable Housing Act 2024 – The Act gives effect to Article 43(1)(b) of the
Constitution, which guarantees every person the right to accessible and adequate
housing and reasonable standards of sanitation. The Act establishes a legal and
institutional framework for mobilizing resources through the Affordable Housing
Levy, operationalizing the Affordable Housing Fund, and facilitating the
development of affordable and institutional housing across the country. It
promotes inclusive and transparent implementation mechanisms at both national
and county levels, prioritizing low- and middle-income earners, informal settlement
residents, and vulnerable groups including women, youth, and persons with
disabilities.
(v) The Social Health Insurance Act, Primary Health Care Act, Facilities Improvement
Financing Act of 2023, and the Digital Health Act of 2023 - Kenya enacted these
four key health laws to advance the realization of Article 43(1) of the Constitution
on the right to health, and to accelerate the attainment of Universal Health
Coverage (UHC).
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(vi)The Government has taken concrete steps to advance the enactment of the
National Coroners Service (Amendment) Bill, 2023, aimed at strengthening the
legal framework for investigating reportable deaths and enhancing accountability
in cases involving suspicious or violent fatalities. Key amendments include the
establishment of the National Coroners Service Council, clarification of the role and
appointment process for the Coroner-General and expanded definitions to include
coronial services and forensic responsibilities. The bill is awaiting cabinet approval.
(vii)
In its continued effort to uphold constitutional guarantees and align national
laws with the African Charter on Human and Peoples' Rights, the Government of
Kenya has taken significant judicial and administrative steps to strengthen
protections for land occupants and evictees. Following the Environment and Land
Court’s judgment in Tonui v. Kenya Forest Service, 1 which recognized the
legitimacy of settlers’ land titles in Eastern Mau, the Government conducted a
comprehensive beaconing exercise from April to May 2025.
(viii)
This three-week operation verified land allocations and laid the groundwork
for a resettlement programme targeting displaced households in the region.
Complementing these administrative efforts, the judiciary reaffirmed procedural
safeguards in Kilimo v. Malenya,2 In its 2023 judgment, the Environment and Land
Court at Kitale emphasized that eviction processes must strictly adhere to the Land
Act (Sections 152E and 152F). The Court underscored the necessity of written
notice, procedural fairness, and humane treatment in all eviction matters,
reinforcing the state's commitment to protecting vulnerable populations.
(ix)County-level legislation such as the Nairobi City County Evictions, Resettlement
and Demolitions Bill, 2023 was introduced to establish clear and equitable
frameworks for evictions, demolitions, and the resettlement of displaced persons
within the county. The Bill outlines specific notice periods, procedural
requirements, and conditions for interventions on both public and private land,
emphasizing public consultation and transparency. It proceeded to its First Reading
on 13th February 2024.
1
2
https://new.kenyalaw.org/articles/2024-12-18/lawreporting/kenya-law-weekly-issue-02024-25
Environment and Land Appeal 8 of 2022.
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NHRI AND OTHER INSTITUTIONS
17. The Government of Kenya continues to provide a favourable working environment for
independent institutions, including the Kenya National Commission on Human Rights
(KNCHR). Over the years, Government funding to the Commission has steadily
increased, thereby strengthening its capacity to promote, protect, and monitor human
rights. Budgetary allocations rose from Ksh. 408.7 million (USD 2.92 million) in FY
2021/22 to Ksh. 529.8 million (USD 3.78 million) in FY 2022/23, and Ksh. 539.8 million
(USD 3.86 million) in FY 2023/24.
18. In February 2022, the Government finalized the appointment of the Chairperson and
Commissioners of the Kenya National Commission on Human Rights (KNCHR), thereby
ensuring compliance with Section 9 of the KNCHR Act and reinforcing the institution’s
operational and structural independence in line with the Paris Principles. Following the
passing of the Chairperson in January 2025, a Selection Panel was constituted and
completed the shortlisting process, leading to the appointment of a new Chairperson
in October 2025.
19. In addition, the Government has initiated the review of Sessional Paper No. 3 of 2014
on the National Policy and Action Plan on Human Rights. The exercise is informed by
a baseline assessment of implementation and regional consultations undertaken to
identify gaps, priority concerns and evolving human rights concerns. The review seeks
to update the national framework to address contemporary and emerging human
rights issues, including digital rights, data protection and climate-related risks. The
objective is to ensure that the Policy and Action Plan remain responsive to current
conditions and aligned with Kenya’s constitutional and international obligations.
CIVIL POLITICAL RIGHTS
ARTICLE 2: RIGHT TO FREEDOM FROM DISCRIMINATION
20. Kenya continues to advance equality and non-discrimination in accordance with Article
27 of the Constitution and its obligations under the African Charter. To this end,
sectoral statutes embed non-discrimination guarantees, including the Persons with
Disabilities Act, 2025, the HIV and AIDS Prevention and Control Act, Cap. 246A, the
Employment Act, Cap. 226, the Labour Relations Act, Cap. 233, the Basic Education
Act, Cap 211 the Children Act, Cap 141, the Land Act, Cap 280, the Access to
Information Act, Cap 7M and the Data Protection Act, Cap 411C. These statutes
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collectively prohibit exclusion and affirm equality in employment, education, health,
land governance, access to services, and data protection.3
21. The County Governments (Amendment) Act obligates County Public Service Boards to
develop employment equity plans, targeting elimination of ethnic and other
imbalances. The National Cohesion and Integration Commission (NCIC) has advanced
this by sensitizing 41 county public service boards on diversity and inclusion and
publishing a national handbook on equitable recruitment.
22. The Public Service Commission (PSC) in its 2022/23 compliance report, reported
measurable progress in inclusion, with 39 out of 43 ethnic groups attaining normal
representation in public service up from 33 in 2016/17.
23. The review and refinement of the national framework on sexual offences including
the National Policy on Administration of Justice in Sexual Offences Matters and the
Sexual Offences Bill is ongoing. These reforms aim to strengthen coordination
mechanisms and incorporate emerging jurisprudence and evolving social realities. Key
proposed amendments address consensual adolescent relationships (“Romeo-Juliet”
scenarios) to ensure proportionality and alignment with constitutional safeguards and
international human rights standards. The National Policy on Gender and
Development, 2019 mandated gender mainstreaming across public institutions, with
92% of public bodies reporting compliance with the two-thirds gender principle as of
FY 2022/23.
24. Complementing these legislative and policy reforms, the National Gender and Equality
Commission (NGEC) has actively enforced anti-discrimination measures. During the
reporting period, NGEC processed 361 complaints of discrimination, while 20,044
gender-based violence cases were prosecuted, resulting in 1,346 convictions. More
than ten counties have enacted Sexual and Gender-Based Violence (SGBV) policies
and laws, reinforcing national efforts to combat gender-based discrimination and
enhance access to justice.
25. Kenya continues to strengthen protection for intersex persons in line with Article 27
of the Constitution. The Children Act expressly recognizes the rights of intersex
children to dignity and protection, classifying those at risk of violations as children in
need of care and protection under Section 144(z). The National Police Service
Standing Orders (Chapter 5, Rule 15(4)) and the Persons Deprived of Liberty Act, also
3
https://kenyalaw.org/kl/
12
provide safeguards for intersex persons in custody, including provisions for separate
confinement and humane treatment. To consolidate these protections, the
Government is finalizing the Intersex Persons Bill, which will provide a comprehensive
legal framework for the recognition and protection of intersex persons.
26. To promote the rights of minorities and marginalized communities, the President
established the Minorities and Marginalized Affairs Unit (MMAU) under the Executive
Office of the President through Executive Order No. 2 of 2023. The Unit serves as a
specialized office mandated to coordinate and advocate for the inclusion, protection,
and empowerment of minorities and marginalized communities across all sectors. The
Unit is undertaking a bill on Ethnic Minorities and Marginalized Communities, 2025,
together with a National Policy on Ethnic Minorities and Marginalized Communities
(2025–2035), to provide a comprehensive legal and policy framework to guarantee
the protection, inclusion, and empowerment of minority and marginalized groups as
enshrined in Articles 27 and 56 of the Constitution.
27. On land rights, the Community Land Act, 2016 operationalizes Article 63 of the
Constitution by recognizing and protecting community land, a key safeguard for
minorities and indigenous peoples against dispossession. The Act provides for
Community Land Regulations, which were adoption in 2017 to make detailed
provisions for its implementation. In as much as some progress has been made in
implementing the Act following the adoption of the Regulations, its full
operationalization is yet to be realized. As of 2023, the Ministry of Lands has supported
the registration of community lands, particularly among pastoralist and forest-dwelling
communities, to secure tenure.
28. To strengthen the protection of migrant workers and Kenyans living abroad, the
Government established the State Department for Diaspora Affairs (SDDA) under
Executive Order No. 1 of 2023 on the Organization of Government. The Department
provides a centralized framework for diaspora engagement, labour mobility
coordination, consular protection, and welfare interventions. It has integrated
diaspora issues into national development planning and human rights reporting,
reinforcing Kenya’s commitment to the Global Compact for Safe, Orderly and Regular
Migration (GCM) and the protection of migrant workers’ rights. As part of these
reforms, Labour Attachés have been deployed to priority destination countries,
including Saudi Arabia, Qatar, and the United Arab Emirates, to monitor working
conditions, inspect recruitment agencies, and liaise with host-country authorities on
cases of abuse or contract violations.
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29. The State Department has also formulated the Diaspora Policy (2024) that further
underscores the Government’s commitment to protecting and empowering Kenyans
living abroad and enhancing their contribution to national development.
ARTICLE 3: RIGHT TO EQUALITY BEFORE THE LAW AND EQUAL PROTECTION OF
THE LAW
30. In advancing the guarantee of equality before the law, the Judiciary has broadened
access to justice through Court Users Committees, mobile courts, and Alternative
Justice Systems Policy (2020). The Court Annexed Mediation initiative has resolved
thousands of cases, reducing backlog. Capacity-building efforts have also been
prioritized, with 7 Supreme Court judges, 22 Court of Appeal judges, 18 judges from
the Employment and Labour Relations Court, and 43 Kadhis received training on
Alternative Justice Systems (AJS).4
31. The implementation of the National Action Plan for Legal Aid (2017–2022) led to the
enactment of the Legal Aid (General) Regulations 2022, benefiting over 5.7 million
people, including prisoners, and aiding 10,055 individuals through a toll-free line. The
National Legal Aid Service (NLAS) is finalizing the Legal Aid Fund Regulations 2024.
Over 300 paralegals were trained nationwide, with offices established in four
marginalized counties. NLAS resolved 1,000+ cases using Alternative Dispute
Resolution, aligning with the Alternative Justice Systems Policy, 2020.
32. Expanding Kenya’s national legal aid framework has taken a significant step this year
with the nationwide rollout of the Legal Aid Centres in all the 47 Counties. To
strengthen this effort, ninety newly recruited State Counsels have been deployed
across all counties to provide legal screening, facilitate alternative dispute resolution,
coordinate pro bono services, and promote community legal education.
33. Further strengthening the guarantee of equal protection of the law, in 2023, the
Supreme Court in NGOs Co-ordination Board v EG & 4 others; recognized the freedom
of sexual minorities to form and register a Non-Governmental Organization (NGO).
This landmark decision underscored that all persons, including minority groups, are
entitled to equal protection of the law and the ability to organize in pursuit of their
rights and interests.5
4
Judiciary of Kenya. (2024). Popular Version: State of the Judiciary and Administration of Justice Report, FY
2023/2024.
5
NGOs Co-ordination Board v EG & 4 others; Katiba Institute (Amicus Curiae) (Petition 16 of 2019) [2023] KESC 17
(KLR) (Constitutional and Human Rights) (24 February 2023) (Judgment)
14
34. In a continued effort to advance equality and inclusion, the Government of Kenya
abolished the vetting requirement previously imposed on certain ethnic communities
during the issuance of national identity cards. This vetting process had resulted in
discriminatory barriers, restricting affected individuals’ access to legal recognition and
essential public services. The removal of this requirement constitutes a significant
reform that reinforces the constitutional guarantee of equality and non-discrimination,
ensuring equitable treatment of all citizens under the law.
ARTICLE 6: RIGHT TO PERSONAL LIBERTY AND PROTECTION FROM ARBITRARY
ARREST
35. The Judiciary has continued to strengthen access to justice and uphold fair trial
guarantees through the implementation of the Bail and Bond Policy, which has
streamlined bail administration and reduced delays in case processing. In FY
2023/2024, courts reviewed 6,555 sentences and diverted 2,918 eligible offenders to
community service, advancing non-custodial and rehabilitative approaches in line with
restorative justice principles. The Judiciary also continues to divert children in conflict
with the law from prosecution toward reintegration and counselling programmes.
36. To enhance judicial capacity, 28 judges and 27 judicial officers received specialized
training on counterterrorism, while 77 legal researchers were trained on the
application of regional and international human rights standards. These initiatives
ensure that judicial decision-making remains consistent with Kenya’s constitutional
and treaty obligations.
37. The Government has operationalized diversion and plea-bargaining mechanisms
within the Alternative Justice Systems (AJS) framework, emphasizing restorative
justice and community-based resolutions. The Office of the Director of Public
Prosecutions (ODPP) and the Probation and Aftercare Service (PACS) oversee
implementation through social inquiry reports, offender supervision, and enforcement
of non-custodial orders. Between 2016 and 2023, PACS handled 261 diversion cases
and 218 plea bargaining cases, contributing to decongestion of correctional facilities.6
38. Jurisprudence continues to reinforce constitutional safeguards. In Chebor v Karuri &
Others [2025]7, the High Court held that the petitioner’s arrest and detention without
6
https://probation.go.ke/sites/default/files/downloads/CROSSOVER%20REPORT%202016-2023%20-%20FINAL.pdf
Chebor v Karuri, Chief Inspector OCS Mochongoi Police Station & another; National Police Service Commission &
another (Interested Parties) [2025]
7
15
a warrant was unlawful and an abuse of power, reaffirming the right to liberty and
protection from arbitrary arrest.
39. According to the Kenya National Bureau of Statistics (Economic Survey 2025), Kenya
recorded a decline in its overall prison population, with the total number of persons
committed to prison falling by 15.8 percent to 208,971 in 2024. The average daily
prison population also dropped to 392 per 100,000 people, down from 481 in 2023.
During the same period, the number of un-convicted and convicted decreased by 12.0
per cent and 23.6 per cent, respectively in 2024.
ARTICLE 7: RIGHT TO FAIR TRIAL
40. Kenya continued to strengthen guarantees of fair trial and access to justice through
reforms aimed at making the criminal justice system more efficient and rights
sensitive. The formalization of diversion and plea bargaining within the Alternative
Justice Systems (AJS) framework has enhanced flexibility in handling minor and nonviolent offences, while promoting dignity and restorative outcomes. These
mechanisms have been cautiously extended to certain capital offences, such as
robbery with violence, accompanied by judicial oversight to safeguard due process.
Recent judicial reforms (2024–2025) also enabled mitigation and resentencing in
cases previously subject to mandatory death sentences, aligning practice with
evolving constitutional standards and regional human rights norms.
41. During the reporting period, the Judiciary implemented targeted decentralization
measures to strengthen physical access to justice and enhance the realization of the
right to legal redress. Five new High Court stations were established, extending
judicial presence to 46 of Kenya’s 47 counties. In Nairobi, three additional divisions of
the Employment and Labour Relations Court were created, while the Environment and
Land Court expanded its footprint to 40 stations nationwide.
42. To further extend access at the community level, three new Magistrates Courts were
established, bringing the total to 137 operational courts. Additionally, Port Victoria,
Malaba, and Etago were upgraded from mobile units to permanent Magistrates Courts,
raising the total to 140. The Judiciary also operationalized 57 mobile courts,
significantly reducing the average distance to access a court to 80 kilometers. In line
with its commitment to deploy justice as a tool for inclusive economic transformation,
the Judiciary established 27 Small Claims Courts in underserved and strategically
located towns—including Busia, Dadaab, Kakuma, Mandera, Malaba, and Wajir.8
8
POPULAR-VERSION-SOJAR-REPORT-FY-2023_24.pdf
16
43. To promote equitable access to justice, the Judiciary expanded the use of virtual
courts and e-filing platforms, enabling litigants to participate remotely and reducing
geographic and logistical barriers. This transformation is underpinned by the country’s
rapidly improving digital infrastructure. In 2024, broadband subscriptions reached
45.1 million, while average internet bandwidth per person rose from 223,770 bits per
second in 2023 to 268.6 million bits per second driven by enhanced undersea and
satellite connectivity.9
44. The Judiciary continued to implement transformative reforms under its innovation
framework. A key milestone was the rollout of the Pre-Trial Notice and Directions
template, which standardizes case readiness and introduces a 21-day timeline for
parties to file all relevant documents and confirm service. This initiative has enhanced
procedural discipline and accelerated case progression.
45. Despite the growing demand for judicial services reflected in the increase in case
filings from 402,243 in FY 2017/18 to 516,121 in FY 2023/24, the judiciary achieved
a 99 percent case clearance rate, resolving 509,664 cases. This led to a 10 percent
reduction in the overall backlog, signaling steady progress toward a more efficient and
accessible justice system.
ARTICLE 4: RIGHT TO LIFE
46. The Sentencing Policy Guidelines10 have been updated in response to the Muruatetu
decision, which allows offenders convicted of murder and subject to the mandatory
death penalty to apply for resentencing. Pursuant to the decision, the courts directed
that resentencing investigations and the preparation of resentencing reports be
undertaken by the PACS. In compliance with this directive, the Service prepared social
advisory reports for 4,493 prisoners between 2016-2023.
47. To complement these efforts, the ODPP has also established a legislative review
committee to analyze legislation and court decisions related to capital punishment,
and to propose reforms. Several bills aimed at abolishing the death penalty have been
introduced in Parliament. All four bills have successfully completed the first reading
9
Communications Authority of Kenya & Kenya National Bureau of Statistics. (2025). Analytical report on information
and communication technology based on the 2023/24 Kenya Housing Survey. Nairobi, Kenya. Retrieved from
https://www.knbs.or.ke/wp-content/uploads/2025/08/Analytical-Report-on-ICT-based-on-the-2023-24-KenyaHousing-Survey.pdf
10
https://www.ncaj.go.ke/index.php/download/sentencing-policy-guidelines-2023/
17
and are currently at the Committee Stage, where they are undergoing detailed
scrutiny and review:
The Penal Code (Amendment) Bill, 2023 intends to replace the death penalty with
a maximum sentence of life imprisonment.
The Prisons Act (Amendment) Bill, 2023 proposes the repeal of provisions that
authorize the execution of death sentences.
The Legal Aid (Amendment) Bill, 2023 seeks to ensure legal representation is
provided to individuals charged with capital offenses, by removing existing
restrictions.
The Preservation of Public Security (Amendment) Bill, 2023 aims to abolish the
death penalty as a possible punishment for offenses committed under public
security legislation.
48. In F/Y 2023/2024, His Excellency the President granted conditional pardon to 37 longterm convicted offenders, commuted the death sentences of 662 inmates to life
imprisonment, and extended general amnesty to 5,060 petty offenders sentenced to
six months or less, or with sentence balances of six months or less. Additionally, 323
inmates on death row for murder were resentenced following the Muruatetu case.
Currently, 150 inmates (143 male, 7 female) remain under death sentence.
49. In collaboration with the Information, Communication and Technology Authority
(ICTA), POMAC has successfully digitized the entire petition process through
ePOMPMIS. The system has been integrated into the e-Citizen portal to enhance public
accessibility and transparency. Currently, there are 2,629 active petitions recorded in
POMAC’s Electronic Petition Management Information System (ePOMPMIS).
50. Kenya has made progress in reforming the National Police Service (NPS) to enhance
professionalism, accountability, and compliance with human rights standards. In
December 2022, the Government established a Taskforce on Police Reforms, which
submitted a comprehensive set of recommendations addressing police welfare,
institutional independence, professional conduct, and operational capacity.
Implementation of these reforms is currently underway.
51. Capacity-building efforts have been prioritized through the launch of the National
Police Service Leadership Academy in 2022, aimed at cultivating ethical leadership
and strategic management. In support of officer wellbeing, a psychosocial support
training programme was introduced in November 2024 to address mental health
challenges within the force.
18
52. The NPS continues to implement its Training and Development Policy, updated in
August 2024, which emphasizes human rights compliance, lawful crowd control, and
adherence to legal standards. Complementing this, the Kenya School of Government’s
2023/2024 Training Calendar includes modules for public service officers police
personnel among them on ethical leadership, human rights and accountability, conflict
resolution and de-escalation, and community policing and public engagement.
53. The Independent Policing Oversight Authority (IPOA) has sustained its mandate of
ensuring police accountability by promoting adherence to human rights standards in
law enforcement practices. From 2018 to 2024, IPOA resolved 12,732 of 20,112
complaints, conducted 4,865 investigations, and referred 773 files to the Office of the
Director of Public Prosecutions leading to 30 convictions. The ODPP is managing over
136 criminal cases against police officers, including 30 related to extrajudicial killings
and others involving various sexual and penal code offenses.
54. IPOA has continued to monitor police detention facilities across the country. Since its
establishment, the Authority has carried out 5,476 inspections to assess compliance
with constitutional and statutory standards on the treatment of persons in detention.
Recent inspection trends are shown in the table below, disaggregated by financial
year from 2022 to September 2025.
TABLE 1: NUMBER OF POLICE DETENTION FACILITIES INSPECTED BETWEEN 2022
AND SEPTEMBER 2025 (DISAGGREGATED BY FINANCIAL YEAR)
Financial Year
2022/2023
2023/2024
2024/2025
Number of Facilities Inspected
305
491
459
Total
1,484
55. This institutional momentum was reinforced in May 2025, when the High Court of
Kenya, in Petition E194 of 202211, delivered a landmark judgment that deepened the
legal foundation for accountability. The Court reaffirmed the State’s obligations to
investigate and address past reported killings and enforced disappearances.
11
Legal Advice Centre t/a Kituo Cha Sheria & 2 others v Cabinet Secretary, Ministry of Interior Security and Coordination of the National Government & 7 others; Law Society of Kenya & another (Interested Parties)
[2025] KEHC 5718 (KLR)
19
Importantly, the Court clarified that investigations into deaths and enforced
disappearances linked to police action fall exclusively under the mandate of the
Independent Policing Oversight Authority (IPOA), thereby strengthening
accountability and preventing impunity.
56. Parliamentary oversight from the National Assembly's Committee on Administration
and National Security and internal review by the Internal Affairs Unit, which addressed
180 misconduct reports in 2023, further support transparency and justice in policing
in Kenya.
57. The Honourable Attorney General established a Multi-Agency Committee in 2023 to
review Kenya’s legal and policy frameworks on enforced disappearances and
extrajudicial killings, with a specific mandate to propose legislative measures for the
criminalization of enforced disappearance under national law.
ARTICLE 5: PROHIBITION OF TORTURE AND CRUEL, INHUMAN AND DEGRADING
TREATMENT
58. The GOK is strengthening the implementation of the Prevention of Torture Act, Cap
88 through prosecutor training programs led by the Office of the Director of Public
Prosecutions (ODPP). In addition, a tripartite taskforce comprising the ODPP, IPOA,
and the National Police Service has been established to coordinate efforts in
prosecuting and investigating torture cases. Additionally, torture investigations are
being enhanced using SOPs and a police accountability case digest.
59. The ODPP is actively pursuing justice and accountability for police misconduct. They
are managing over 136 criminal cases against police officers, including 30 related to
extrajudicial killings and others involving various sexual and penal code offenses. To
strengthen the implementation of the Prevention of Torture Act, the ODPP is
conducting training programs for prosecutors, focusing on a rapid reference guide and
specimen charge sheet to enhance their understanding and capacity to prosecute
torture cases effectively.
60. IPOA continues to exercise its mandate to receive and investigate allegations of
torture involving members of the National Police Service. During the reporting period,
the Authority investigated six complaints of torture. Three cases were investigated in
F/Y 2022/2023, one in 2023/2024 and two in 2024/2025. Over the same reporting
period, IPOA concluded investigations leading to the arrest and arraignment of police
officers in two torture-related cases in F/Y 2024/2025.
20
61. IPOA’s mandate has been strengthened by the adoption of the Independent Policing
Oversight Authority (IPOA) (General Operations) Regulations, 2022 which include
procedures for handling torture complaints, conducting investigations, and notifying
coroners under the Prevention of Torture Act. The regulations also provide for
psychosocial support and protection for victims and witnesses.
ARTICLE 9: RIGHT TO RECEIVE INFORMATION AND FREE EXPRESSION
62. Since 2020, the Commission on Administrative Justice (CAJ) has led sustained efforts
to institutionalize access to information across public institutions. A total of 14,962
public officers have been trained, and Information Access Officers have been
designated in all 47 counties. Over this period, CAJ reviewed more than 6.7 million
government records for disposal and expanded Access to Information (ATI)
infrastructure in public institutions, increasing the number of compliant entities from
295 in FY 2020/2021 to 390 in FY 2023/2024. The Commission also resolved 94
percent of the 1,054 ATI review applications received, reflecting growing public
engagement with the right to information.
63. In 2022, the Government introduced an election coverage guideline and an intermedia
safety charter to safeguard press freedom and protect journalists. CAJ trained 700
journalists and human rights defenders on the right to information and conducted
safety and risk assessment training for 3,000 journalists and 200 security officers.
These efforts contributed to a significant reduction in verified violations against
journalists, media personnel, trade unionists, and human rights advocates from 51
cases in 2021 to 18 in 2022. Kenya’s broader digital transformation has also expanded
access to public services and information, with over 17,000 services now accessible
through the E-Citizen platform.
64. In 2023, Kenya marked a major milestone with the enactment of the Access to
Information (General) Regulations. 12 These regulations became operational on 1st
December 2023, reinforcing the implementation of the ATI Act. To support effective
application, the Government developed key tools, including Reporting Guidelines for
public and private entities and a Reviews Manual for the Commission both of which
are now in use. The ATI Model Law for County Governments was finalized, and 20
counties have advanced ATI Bills through their legislative processes.
65. To deepen public engagement with the ATI framework, the Government rolled out
targeted resources designed for practical use. These included a Journalist Handbook
12
Legal Notice No. 161
21
and a simplified version of the ATI Act, published in both English and Kiswahili, to
make the law more accessible to citizens and media practitioners.
66. In addition to these efforts, the Government has developed a Draft National Access
to Information Policy to provide a unified framework for implementation across
sectors. The policy is currently awaiting formal tabling by the Cabinet Secretary,
Ministry of Information, Communication and Digital Economy before Cabinet for
approval.
Number of Public Institutions certified to have established complaints handling
and ATI infrastructures:
Financial Year
2020/2021
2021/2022
2022/2023
2023/2024
Number of Facilities Inspected
295
323
377
390
ARTICE 10: RIGHT TO FREEDOM OF ASSOCIATION
67. The Constitution safeguards human rights defenders and the public through Chapter
IV on the Bill of Rights, including Article 37, which guarantees the right to peaceful
assembly. The Public Order Act Cap. 56 requires notification of public assemblies to
facilitate safety and protection rights. Even if an assembly becomes non-peaceful,
participants retain rights, including the right to a fair trial. The government has
condemned any excessive or extrajudicial action that fails to respect human rights
with investigations underway into such cases resulting from the recent protests in July
2024.
68. To strengthen oversight of law enforcement, the Independent Policing Oversight
Authority (IPOA) received and processed within the same period. 1,943 complaints
specifically related to police conduct. The most reported issue was police inaction or
negligence of duty (644 complaints), followed by abuse of office and unethical
practices (282), physical assault (260), harassment (177), and corruption or extortion
(80). Other complaints included police shootings (67), deaths involving police actions
(66), threats to life (65), and violations of the rights of arrested persons (53).
69. The Public Benefits Organizations (PBOs) Act, Cap 134, was operationalized on 14th
May 2024 to enhance accountability and governance of PBOs and create a supportive
22
environment for civil society. The new law outlays a comprehensive, consolidated,
predictable and transparent framework for the registration and regulation of civil
society entities operating within the territory of Kenya. To give full effect to the PBO
Act’s objectives, the GOK has drafted the Public Benefits Organizations Regulations,
2025, which have been subjected to public participation.
ARTICLE 11: RIGHT TO FREEDOM OF ASSEMBLY
70. The Constitution prohibits the establishment of a state religion and protects individuals
from religious discrimination. The High Court has ruled that a school cannot expel a
student for wearing dreadlocks, recognizing Rastafarianism as a legitimate religion.
Similarly, the Court of Appeal has ruled that forcing students to abandon practices
rooted in their religious convictions violates their constitutional rights to freedom of
conscience and belief.13
71. The moratorium on the registration of religious institutions was lifted in July 2022 by
the Registrar of Societies. In response to concerns about extremist religious groups,
the Government established a taskforce in May 2023 to review the legal and regulatory
framework governing religious organizations. This taskforce was also tasked with
investigating the Shakahola tragedy, which involved extremist groups causing harm
to their followers. As a result, the Religious Organizations Bill of 2024 and a draft
Religious Organizations Policy are currently under review, aiming to create a legal
framework that includes punitive measures for unregistered religious institutions and
fraudulent operators.
72. Moreover, the Government’s commitment extends beyond regulation: per-capita
public expenditure on recreation, culture and religion climbed from Ksh 306.6 in 2019
to Ksh 430.3 in 2023, underscoring sustained investment in nurturing Kenya’s cultural
and religious landscapes.
ARTICLE 13: RIGHT TO PARTICIPATE IN GOVERNMENT
73. The Public Service Commission’s eleventh evaluation report for the financial year
2022/2023 reviewed compliance with constitutional values and principles outlined in
Articles 10 and 232, with a focus on representation by gender, ethnicity, and persons
with disabilities. In terms of gender, male employees comprised 58.2 percent of the
public service workforce, while female employees accounted for 41.8 percent. This
13
Mohamed Fugicha v. Methodist Church in Kenya (Civil Appeal 22 of 2015) available at
https://kenyalaw.org/caselaw/cases/view/125558/.
23
distribution falls short of the constitutional requirement that no more than two thirds
of public service positions be held by one gender, underscoring the need for continued
efforts to promote gender parity.
74. Ethnic and disability representation in the public service demonstrated encouraging
progress during the reporting period. A total of 44 of Kenya’s recognized communities
were represented, accounting for 95.7 percent and reflecting broad inclusion across
the country’s diverse population. In addition, representation of persons with
disabilities rose to 1.53 percent, up from 1.4 percent in the previous financial year
signaling gradual improvement toward the constitutional threshold of 5 percent.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
ARTICLE 14: RIGHT TO PROPERTY / RIGHT TO HOUSING
75. The housing sector recorded significant progress, with 3,613 housing units completed,
including 1,975 affordable, 463 social, 413 civil servants, and 762 Police/Prisons
housing units. Additionally, 112,405 units are under construction at various stages of
completion. The Affordable Housing Programme was accelerated through Ksh. 144.4
billion (USD 1.1B) allocated via the Affordable Housing levy and fund, creating
160,000 direct jobs and contributing Ksh. 71 billion (USD 550.9M) to the economy
through contracts from the ongoing projects. The 2023/24 housing budget saw a
major increase to Ksh. 92.5 billion (USD 717.8M) up from Ksh. 10.5 billion (USD
81.4M) in the previous year.
76. Supporting this initiative, the Affordable Housing Act 2024 was enacted to give effect
to Article 43(1)(b) of the Constitution and provide a framework for development and
access to affordable housing and institutional housing. The National Housing Policy
2016 is under review to align with emerging issues. Collaboration with county
governments was strengthened through 31 Memoranda of Understanding to enhance
the rollout of affordable and social housing across the country.
77. The Government of Kenya through the State Department for Housing and Urban
Development is implementing the second phase of the Kenya Urban Support Program
(KUSP II) as a follow-up to the first phase of the Kenya Urban Support Program. The
KUSP was mooted to address the urbanization challenges in Kenya with urban areas
experiencing massive challenges of haphazard developments leading to informality,
unemployment, inadequate infrastructure and services, poor waste collection among
others. The first phase of KUSP was implemented from 2018 to 2023 in 45 counties
24
and benefited 59 municipalities. KUSP II is being implemented across 79 Municipalities
and will incorporate 2 special municipalities of Dadaab and Kakuma -Window for Host
and Refugee (WHR municipalities).
78. Kenya Informal Settlements Improvement Programme (KISIP) Integrated settlement
upgrading was done in 33 counties through: (i) tenure regularization; and (ii)
infrastructure upgrading. Integrated settlement upgrading was done in 33 counties
through: (i) tenure regularization; and (ii) infrastructure upgrading. About 1 million
people benefited from drainage infrastructure and all-season roads upgraded and
125,525 people benefited from improved tenure security. 98.289km of road were
constructed to bitumen standards; 120.078km of stand-alone footpaths were
constructed; 109.812km of drainage canals were constructed; 21 Ablution blocks
constructed; 63.048km of sewer pipeline laid with 4,788 connections done;
112.494km of water pipeline laid and 8,739 water connections done; 11 water kiosks
constructed and 134 lighting masts of 30 meters high installed.
79. The proportion of urban population living in slum households reduced from 71.4 per
cent in 2009 to 57.2 per cent in 2019. The proportion of urban population living in
informal settlements declined from 7.9 per cent in 2009 to 6.9 per cent in 2019.
80. In Kenya Railways Corporation v Birah & 14 Others, 14 the Court reaffirmed that
Section 152G of the Land Laws (Amendment) Act, 2016 sets out the mandatory
procedure for evictions from public land. The law requires that affected persons
receive written notice at least three months prior to the eviction.
81. The National Council on the Administration of Justice developed Standard Operating
Procedures (SOPs) on Court-Mandated Evictions following resolutions of its 31st
Council meeting. The procedures strengthen inter-agency coordination by setting out
clear steps and responsibilities for all State actors involved in implementing courtordered evictions, including the police. They require full compliance with the
Constitution, national legislation and relevant human rights standards.
ARTICLE 15: RIGHT TO WORK
82. A total of 782.3 thousand new jobs were created in the economy in 2024. The modern
sector created a total of 78.6 thousand jobs in 2024, reflecting a growth of 2.4 per
cent. The informal sector created 703.7 thousand new jobs compared to 720.9
thousand in 2023, accounting for 90.0 per cent of all new jobs created, excluding
14
[2025] KECA 545 (KLR)
25
small-scale agriculture. Employment in the modern and informal sectors, excluding
small-scale agriculture, went up from 20.0 million in 2023 to 20.8 million in 2024.
83. In the private sector, wage employment registered a growth of 2.1 per cent in 2024
compared to 3.3 per cent in 2023. The leading industries in the private sector in 2024
providing the highest employment numbers were Manufacturing; and Agriculture,
Forestry and Fishing, accounting for 15.9 per cent and 14.1 per cent, respectively. In
the public sector, wage employment registered a growth of 3.1 per cent in 2024
compared to 5.9 per cent in 2023.
84. Industries with the highest employment levels in the public sector were Education;
and Public Administration; and Defence; Compulsory Social Security, which accounted
for 45.2 per cent and 34.4 per cent of total employment in the sector, respectively, in
2024. The nominal wage bill grew by 7.2 per cent to KSh 2,998.8 billion in 2024. The
private sector wage bill expanded by 7.7 per cent to KSh 2,117.4 billion in 2024, while
the public sector wage bill increased by 5.8 per cent to KSh 881.4 billion in 2024,
accounting for 29.4 per cent of the total wage payments in 2024.15
85. The Government has implemented several programs to enhance youth employment
and economic opportunities. To date the Kenya Youth Employment and Opportunities
Project has benefited 76,361 youth with Business Start-Up Grants in 17 counties worth
Ksh. 3 billion (USD 387.7M). 73,316 youths were imparted with Business Development
Skills through a digital platform and a further 9,384 youths through Classroom
training. 49% of beneficiaries are Women and 3% of beneficiaries are PWDs. Notably,
87% of grant recipients created employment for themselves and others.
86. To promote economic empowerment, initiatives like the Women Enterprise Fund
(WEF) have disbursed over Ksh. 27.3 billion (USD 180M) to 155,675 women groups,
while the Uwezo Fund has allocated Ksh. 7.5 billion (USD 49.8M) since 2014,
benefiting over 82,000 groups. The National Government Affirmative Action Fund has
disbursed Ksh. 16.6 billion (USD 109.2M) for community-based initiatives. The Access
to Government Procurement Opportunities program ensures 30% of public
procurement is allocated to women, youth, and PWDs, with tenders awarded to youth,
women, and PWDs increasing from 31,651 tenders worth Ksh. 30.14 billion (USD
233.8M) in 2018/19 to 37,822 tenders worth Ksh. 45.16 billion (USD 350.4M) in
2022/23, reflecting improved access to economic opportunities.
15
Kenya National Bureau of Statistics. (2025). Economic Survey 2025. Nairobi, Kenya: KNBS. Retrieved from
https://www.knbs.or.ke/wp-content/uploads/2025/05/2025-Economic-Survey.pdf
26
87. The Hustler Fund has disbursed Kshs. 60 billion (USD 465.6M), benefiting 24.6 million
Kenyans with a 79% repayment rate and mobilizing Ksh. 3.3 billion (USD 25.6M) in
savings. Through the Youth Development Enterprise Fund, Ksh. 89.2 million (USD
690,567) in interest-free loans was allocated to 145 youth in agribusiness, alongside
Ksh. 41.7 million (USD 323,173) disbursed for 145 agribusiness proposals and training
for 780 participants. Furthermore, Ksh. 2 billion (USD 16.2M) was allocated for youthtargeting projects.
88. On internships, work experience and digital skills, Kenya has rapidly expanded publicsector and digital pathways into employment. Public service graduate internships have
been scaled (from a few thousand in earlier years toward a reported 15,000 recruits
in 2024 with plans to expand further), while the Presidential Digital Talent Programme
and Ajira Digital have created structured ICT internships and mass digital-skills
training that connect youth to formal sector roles and online work opportunities.
89. The Government facilitated employment for 105,367 Kenyans abroad since July 2023,
with the National Employment Authority listing over 560,000 job openings worldwide.
Recruitment of public service graduate interns increased from 3,000 in 2022 to 15,000
in 2024, with plans to scale to 20,000 annually. The National Youth Service (NYS)
recruits 20,000 youths annually, with a target of 100,000 youths in skilled trades in
the future.
ARTICLE 16: RIGHT TO HEALTH
90. The Social Health Insurance (SHI) Act 2023 became operational in October 2023,
repealing the NHIF Act of 1998. Consequently, the Social Health Authority (SHA) was
established by the SHI Act 2023 to manage three primary funds, namely: Primary
Health care (PHC) Fund, Social Health Insurance Fund (SHIF) and Emergency, Chronic
and Critical Illness Fund to enhance healthcare financing in Kenya. The
commencement date for the Act was 22nd November 2023, after gazettement by the
Cabinet Secretary for Health, with a one-year transition which ended on 21st November
2024.
91. Registration of citizens to SHA began on 1st July 2024 while the roll out was from 1st
October 2024. Central to SHA is Taifa Care symbolizing Kenya’s commitment to the
towards Universal Health Coverage (UHC). Over 15 million Kenyans have enrolled in
Taifa Care, with more than 60% of employers transitioning. However, NHIF debts,
estimated at Ksh. 30 billion (USD 232.2M) hinders the rollout, prompting the
27
Government to allocate Ksh. 8.7 billion (USD 67.3M) in 2024 to offset debts. Social
Health Authority (SHA) rollout has also faced system and training challenges. MultiSectoral Steering Committees and partnerships are enhancing coordination, and the
Government plans to distribute 65,000 tablets, with 5,000 already deployed, to
improve onboarding processes. 16
92. Kenya has implemented significant interventions to achieve Universal Health Coverage
(UHC), including public financing for primary health care, the establishment of
emergency treatment and health insurance funds, and investments in digital health
management systems. The health sector budget rose to Ksh. 127 billion (USD 985.5M)
in FY 2024/25 from Ksh. 47.7 billion (USD 370.1M) in FY 2021/22, allocating Ksh. 2
billion (USD 15.5M) for free maternity care and Ksh 4.6 billion (USD 35.6M) for
specialized medical equipment and stipends for 100,000 community health promoters,
who serve as grassroots medical responders.
93. In FY 2023/24, the National Government allocated 3.3% of its total expenditure to
health, with a projected increase to 3.5% in FY 2024/25. At the county level, the
Share of County Governments’ Expenditure on Health to Total County Government
Expenditure was 22.2% in FY 2022/23, decreased to 21.6% in FY 2023/24, and is
expected to increase to 22.4% in FY 2024/25.
94. According to the Ministry of Health (2023), Kenya’s 47 counties hosted 13,190 health
facilities, including 6 level 6 referral hospitals, 22 level 5 county hospitals, and 9,945
dispensaries.17 More recently, the Kenya National Bureau of Statistics (KNBS) reported
that the total number of operational health facilities increased by 6.1 per cent to
15,984 in 2024. This increase was majorly attributed to the number of level 3 health
facilities which rose by 611 facilities. Across Kenya’s 47 counties, there are
approximately 226,434 healthcare workers, with 66% employed in public facilities,
including Community Health Promoters (CHPs). The core workforce includes 34,220
nurses, 4,651 medical doctors, 7,877 clinical officers, 4,686 laboratory technicians and
technologists, and 1,942 nutritionists.
95. The Facilities Improvement Financing (FIF) legislation, now adopted by 44 counties
up from 27 in F/Y 2024/25 has increased health facilities’ autonomy to plan, generate,
and manage resources. Primary Care Networks (PCNs) expanded by 24% during the
reporting period, from 151 to 227. Counties with operational PCNs have seen notable
improvements in health indicators. Additionally, 36 counties consistently pay stipends
16
https://www.knbs.or.ke/wp-content/uploads/2025/05/2025-Economic-Survey.pdf
Ministry of Health Kenya. (2023). National and County Health Budget Analysis FY 2023/24. Nairobi: Ministry of
Health Kenya & USAID PROPEL Health.
17
28
to CHPs, who conducted over 4.1 million household visits 91% of the CHPs (98,780)
reporting key community health data and supporting informal sector registration with
the National Health Insurance Fund.
96. In 2024, the GOK expanded its health workforce, strengthening key professional
cadres: diploma clinical officers increased by 30.7% to 28,712; medical doctors by
21.9% to 12,244; diploma registered nurses by 16.2% to 57,951; and laboratory
technologists by 4.7% to 14,257. These gains in human resources were
complemented by progress in civil registration and maternal health, where a total of
1,110,600 births registered an improvement in efficiency compared to 1,192,900 in
2023. 98.6% of these births occurred at health facilities.
97. In addressing adolescent health, the Ministry of Health (MOH) is implementing
strategies to reduce the national teenage pregnancy rate, currently at 15%. Through
the Reproductive, Maternal, Newborn, Child, and Adolescent Health (RMNCAH)
program, the MOH has ensured that all reproductive health services for adolescents
and youth are covered under SHA, aligning with Universal Health Coverage goals and
including comprehensive Adolescent and Youth Sexual and Reproductive Health and
Rights (AYSRHR) services.
ARTICLE 17: RIGHT TO EDUCATION
98. The Government has significantly invested in education, with the sector budget
increasing from Ksh. 489.3 billion (USD 3.7B) in FY 2020/21 to Ksh. 656.6 billion (USD
5B) in FY 2024/25.
99. In September 2022, the GOK established the Presidential Working Party on Education
Reforms (PWPER) to spearhead transformative reforms across basic, tertiary, and
university education. Following the implementation of its recommendations, including
a review of minimum entry requirements, enrolment in Teacher Training Colleges saw
a notable increase in 2024. Enrolment in Teacher Training Institutions increased by
23.0 per cent to 41,154 in 2024 while enrolment in Technical and Vocational Education
and Training (TVET) institutions grew by 10.4 per cent to 709,885 in 2024. University
enrolment grew from 579.0 thousand in 2023/24 to 631.3 thousand in 2024/25.
Complementing this growth, the number of TTCs expanded from 89 to 97, further
strengthening the country’s capacity to train and deploy qualified educators.
29
100. The overall structure and reach of Kenya’s learning institutions expanded
significantly in 2024. The total number of basic learning institutions rose by 38.8 per
cent to 129,463 in 2024, after inclusion of junior schools, which accounted for 24.7
per cent of the total number of basic learning institutions. The number of pre-primary
schools increased by 1.8 per cent to 47,760 in 2024, while the number of primary
schools rose by 9.6 per cent to 38,997 in 2024. Secondary schools increased from
10,752 in 2023 to 10,755 in 2024.
101. According to the Kenya National Bureau of Statistics (KNBS) Economic Survey
2025, enrolment trends across various levels of education demonstrated growth.
Enrolment in pre-primary schools increased to 2,914.4 thousand in 2024 from 2,885.6
thousand in 2023. Primary and junior school’s enrolment grew by 3.2 per cent to
10,733.3 thousand in 2024 while enrolment in secondary schools grew by 5.2 per cent
to 4,321.6 thousand in 2024.
102. There was a 3.2 per cent decrease in the total number of public primary school
teachers to 212,602 in 2024. This decline was partly attributed to factors such as
retirement, disciplinary action, study leave, and natural attrition. The total number of
teachers increased by 4.2 per cent to 130,818 with female teachers recording a higher
increase of 4.7 per cent compared to an increase of 3.8 per cent for the male teachers,
who accounted for 57.0 per cent of the total number of teachers in public secondary
school and teacher training colleges in 2024.
103. In the financial year 2024/25, the number of beneficiaries of the Higher Education
Loans Board (HELB) increased by 34.4 percent, reaching a total of 713,426 students.
Male beneficiaries rose by 30.2 percent to 418,580, while female beneficiaries grew
by 40.7 percent to 294,846, reflecting improved access to higher education financing.
The total value of loans disbursed increased by 59.5 percent to KSh 46.9 billion during
the same period. Meanwhile, research activity showed notable growth. The number
of research license applications rose by 20.4 percent, from 8,348 in 2022/23 to 10,055
in 2023/24. This increase is largely attributed to intensified sensitization efforts on the
integration of science, technology, and innovation across Ministries, Departments,
Agencies (MDAs), and tertiary institutions.
104. The Education and Training Sector Gender Policy, that prompted the development
of Re-entry guidelines for pregnant learners to allow them to go back to school. The
policy also oversaw the revision of curriculum to make it gender responsive it also
reviewed teacher training to ensure teachers adopted gender responsive pedagogy.
As of 2022, in terms of enrolment there are more girls enrolling than boys at pre30
primary and at the secondary level at 1.04 and 1.5 Gender Parity Index (GPI)
respectively. At primary parity has been achieved at 0.97. There are however regional
disparities, and some counties have low women and girls’ participation. In university
the GPI stands at 0.84 and in TVETs there was an improvement from 0.76 in 2018 to
0.86 in 2022. The 2015 policy is currently under review.
105. Initiatives like the Elimu Scholarship benefited 53,000 learners from poor families
between FY 2020/21 and FY 2024/25, while over 2,000 learners with disabilities
accessed support through the Ustawi scholarship program. Notable progress from the
2024 Education Sector Report includes progress toward inclusion saw refugees
integrated into the national education system, with camp-based schools adopting the
Kenyan curriculum and participating in national exams, scholarships, and school meal
programs. Refer to Table 2 for additional interventions that were implemented to
address key educational challenges and demonstrate measurable impact.
106. The Government of Kenya, through the Ministry of Education (MoE) in partnership
with the World Bank, has launched the Kenya Primary Education Equity in Learning
Program (KPEELP) a five-year initiative that commenced in the 2022/23 financial year.
The program is designed to tackle persistent disparities in school participation and
learning outcomes, which have significantly hindered the development of human
capital and contributed to regional variations in Kenya’s Human Capital Index (HCI).
107. KPEELP is recognized as a pivotal step toward realizing the goals outlined in the
National Education Sector Strategic Plan II (NESSP II) for 2022–2026. Its overarching
objective is to enhance human capital, thereby driving greater productivity and
economic growth across the country. The program is expected to directly benefit
approximately 6 million primary school learners, 50,000 refugee children, 20,000
diploma-level students, and around 200,000 primary school teachers.
108. To further advance equity in education, the National Education Sector Strategic
Plan (NESSP) 2023–2027 introduces targeted interventions to reduce inequalities in
educational access and retention, particularly in marginalized regions. Among these
efforts is the development of a framework to integrate Duksi and Madrassa systems
into Kenya’s formal Basic Education structure. This initiative is being advanced in
collaboration with the Kenya Institute of Curriculum Development (KICD), aiming to
ensure inclusive and culturally responsive education in selected counties.
109. Kenya is transitioning from the 8-4-4 system to the Competence-Based Curriculum
(CBC), emphasizing practical skills and early specialization. Challenges include teacher
31
retraining, infrastructure constraints, and a staffing gap of teachers in public
institutions.
110. A landmark development is the official unveiling of Kenya’s first public virtual
university. The Open University of Kenya will expand public university capacity and
support the Government’s ambition to widen transition to higher education, including
enabling flexible, technology-enabled pathways for large numbers of learners. This
innovation complements investments in digital infrastructure and positions Kenya to
scale higher-education access while aligning training with labour market demand.
111. The Jitume Digital Program continued to strengthen Konza Technopolis’ role as a
catalyst for digital skills development and youth empowerment. The number of digital
hubs equipped with Virtual Digital Infrastructure (VDIs) rose from 109 in 2023 to 193
in 2024, while the number of VDI units deployed including monitors, smart boards,
virtual desktops, webcams, routers and digital conferencing tools increased by 53.3
per cent to 15,186 in 2024.
RIGHTS OF THE FAMILY AND VULNERABLE GROUPS
RIGHTS OF OLDER PERSONS AND PE RSONS WITH DISABILITY
112. Kenya's National Policy for the Promotion and Protection of the Family was
approved on October 3, 2023, and launched on May 15, 2024. Dissemination efforts
reached 30 counties in 2024.
113. The Government of Kenya is undertaking a structured review of the National Policy
on Older Persons and Aging (2018), led by a technical committee. The review aims to
strengthen the national framework for the protection, inclusion, and welfare of older
persons.
114. The Older Persons Bill 2025 has been developed and is pending submission to the
Office of the Attorney General for legal processing. The Bill gives effect to Article 57
of the Constitution and is aligned with the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Older Persons in Africa, which guarantees the
rights of older persons, and establishes a statutory framework for their empowerment,
protection, and care. It outlines measures to promote dignity, safety, and well-being,
and ensures access to essential services. The Bill also defines acts constituting abuse,
exploitation, and violence against older persons, and prescribes stringent penalties for
perpetrators.
32
115. Kenya has taken significant steps to strengthen its mental health framework,
beginning with the enactment of the Mental Health (Amendment) Act No. 7 of 2022.
This legislative milestone is supported by complementary policy instruments, including
the National Mental Health Action Plan 2021–2025, the National Guidelines on
Workplace Mental Health (2023), and the National Clinical Guidelines for the
Management of Common Mental Health Disorders (2024).
116. A landmark decision by the High Court declared Section 226 of the Penal Code,
which criminalized attempted suicide, unconstitutional affirming that individuals in
crisis require support, not punishment. In response, the Penal Code (Amendment)
Bill,18 was introduced to formally repeal the provision and recognize attempted suicide
as a mental health concern. The Bill passed its 1st Reading in June 2025.
117. Alongside these developments, the Government enacted the Persons with
Disabilities Act, 2025. This new legislation repeals the previous Act and establishes a
comprehensive legal framework for promoting and protecting the rights of persons
with disabilities, in alignment with international and regional obligations. As of June
2024, the National Council for Persons with Disabilities (NCPWD) had registered
615,515 individuals with disabilities, a 45.7 percent increase from the previous year.
Of these, persons with physical disabilities accounted for 32.7 percent of registrations
in the 2023/24 period.
118. Between FY 2020/21 and FY 2024/25, Kenya’s social protection programs recorded
significant growth in coverage across three key vulnerable groups: older persons,
orphans and vulnerable children, and persons with severe disabilities. The number of
older persons supported rose from approximately 763,000 to over 1.25 million, while
caregivers for orphans and vulnerable children increased from around 293,000 to
more than 443,000. Similarly, caregivers for persons with severe disabilities grew from
about 27,000 to over 62,000. Women consistently represented most beneficiaries
across all categories. During this period, KSh 104.5 billion was allocated to older
persons, KSh 39.8 billion to orphans and vulnerable children, and KSh 6.1 billion to
persons with severe disabilities, with respective disbursements reaching KSh 89.3
billion, KSh 31.8 billion, and KSh 4.4 billion. The sharp rise in beneficiary numbers in
FY 2023/24 and FY 2024/25 reflects expanded coverage, improved targeting, and
ongoing efforts to strengthen household-level support
18
National Assembly Bill No. 53 of 2024
33
119. An Enhanced Single Registry (ESR), containing data on poor and vulnerable
persons was finalized in December 2024, with data collection completed across all 47
counties. The registration of refugee households and Integrated Refugee Groups into
the ESR is ongoing.
120. The total budgetary allocations for social services programmes across the Counties
for FY 2023/24 was Ksh. 1.2 billion (USD 9.2M). County Governments utilized the
allocations to purchase assorted persons with disabilities’ (PWD) devices, mark
international day on disability, provide social development grants to the women, youth
and PWDs, tracing and reunification of street children, corrective surgeries for PWDs,
development of social protection policies, provision of bursaries to PWD learners.
121. In line with regional developments, Kenya is currently reviewing the African Union
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Citizens
to Social Protection and Social Security. The Protocol aims to reinforce member states’
commitment to universal, equitable, and accountable social protection systems. To
guide this review, a multidisciplinary Technical Working Committee (TWC) has been
constituted to assess the legal, policy, and operational implications of ratifying the
Protocol.
RIGHTS OF REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND
MIGRANTS
122. Kenya remains a leading refugee-hosting country in Africa. The number of
registered refugees and asylum seekers increased by approximately 51.6%,
increasing from 573,508 individuals in 2022 to 869,501 in 2025. Majority of the
registered refugees and asylum seekers were women and children accounting for 44.7
per cent and 47.6 per cent, respectively in 2024. The Refugee Act Cap 173 and its
2024 Refugee Regulations promote refugee inclusion in economic and social
development, requiring their consideration in national and county development plans
and ensuring shared use of public institutions and facilities.
123. Kenya has advanced refugee protection by formalizing a comprehensive set of
Refugee Identification Documents through Legal Notice 143 of 2023, issued under the
Refugees Act. This landmark measure, effective from September 2023, officially
recognizes documents such as the Asylum Seeker Pass, Proof of Registration,
Movement Pass, Letter of Recognition, Refugee Identity Card, and Conventional
Travel Document. These instruments enhance refugees’ legal recognition and
34
facilitate their access to essential public services and socio-economic inclusion of
refugees.
124. The Government is taking steps to address this by focusing on both immediate
and long-term solutions. The Shirika plan launched in 2024 aims to transition from
refugee camps to integrated settlements, promoting self-reliance and socio-economic
inclusion for refugees and host communities.
125. The Elimu Scholarship Program, through the Kenya Primary Education Equity in
Learning initiative, supports 4,023 learners, with slots for host communities and 5%
reserved for learners with special needs. 8,000 refugee learners have benefited since
2022. 125. To support about 163,812 learners, 2,215 refugee teachers have been
hired and 760 classrooms built. Over 20,000 refugee children in urban schools are
integrated into the Kenyan system and receive capitation grants.
126. Refugees are now included in the Garissa and Turkana 2023-2027 Integrated
Development Plans, with similar efforts underway in Nairobi. The conferment of
municipal status to Kakuma and Dadaab in 2023 has enhanced access to
socioeconomic investments like schools, health facilities, roads, and markets. In
Nairobi, refugees can access online business permits, safe houses, and rehabilitation
centers, promoting self-reliance.
127. Environmental and healthcare initiatives include land rehabilitation in Kambioos
and Ifo 2 camps for green belts and orchards and government-registered refugee
health facilities supplied by the Kenya Medical Supplies Authority. Construction of the
Dadaab Level 4 hospital is ongoing.
128. The Government has continued efforts in the recognition of other ethnic groups in
Kenya as part of broader efforts to end statelessness. The Government of Kenya
officially recognized the Pemba community from the Coast region as one of the
country’s ethnic groups. This milestone, formalized through Gazette Notice No. 1135
dated 30th January 2023, allows members of the Pemba community to be issued with
national identification documents, thereby granting them access to citizenship rights
and essential public services that had long been out of reach due to their
undocumented status.
129. In response to rising concerns over unregulated recruitment practices and the
exploitation of Kenyan workers abroad, The Labour Migration and Management (No.
2) Bill, 2024 was introduced to provide for the regulation of private employment
agencies and the recruitment of workers within and outside Kenya and to safeguard
35
the rights and welfare of job seekers and migrant workers. It passed its Second
Reading in June 2025 and is now under consideration at the Committee of the Whole
stage in the Senate.
130. Between December 2022 and April 2025, the Government of Kenya successfully
rescued and repatriated 571 nationals who were victims of human trafficking. 158
individuals were returned from Myanmar in 2025 alone. These operations spanned
multiple countries, including Malaysia, India, Thailand, Myanmar, Laos, Syria, Somalia,
the United Arab Emirates, Turkey, and Libya.
131. To enhance responsiveness to emergencies, Kenyan diplomatic missions abroad
operate 24/7 distress hotlines, enabling real-time reporting and intervention in urgent
cases. Complementing these efforts, the SDDA deployed mobile consular missions
that provided essential services to 14,744 Kenyans abroad, improving access to
documentation and legal support.
132. As of 2025, the Government of Kenya has concluded and operationalized several
bilateral and multilateral agreements to advance safe and rights-based labour
mobility. These include Comprehensive Migration and Mobility Partnerships with
Austria (September 2025, New York) and Germany (September 2024, Berlin).
Additional Memoranda of Understanding (MoUs) have been signed with the State of
Nebraska (United States), focusing on diaspora engagement, student exchange, and
skills transfer; with HOPS Labour Solutions Limited and GR8 Employment Solutions &
Training Limited to promote employment opportunities for graduates of agricultural
institutions; and with the Friedrich Naumann Foundation for Freedom to support good
labour practices, digital skills exchange, and job creation.
133. To ensure the effectiveness and integrity of these agreements, Kenya has
embedded key safeguards into its BLAs. These include standardized employment
contracts that define wages, working hours, and dispute resolution mechanisms; the
establishment of Joint Technical Committees to monitor compliance and address
grievances; and the prohibition of recruitment fees in line with ILO Fair Recruitment
Guidelines to prevent debt bondage. Additionally, safe repatriation clauses guarantee
that workers in distress can return home at no personal cost. All agreements are
aligned with Kenya’s Global Labour Migration Strategy, reinforcing the country’s
commitment to safe, dignified, and rights-based labour mobility.
36
PROTECTION OF THE RIGHTS OF PEOPLE LIVING WITH HIV, THOSE AT RISK,
VULNERABLE AND AFFECTED BY HIV
134. Kenya has made significant progress in addressing HIV/AIDS, aiming for
eradication by 2030. Key developments include the Kenya AIDS Strategic Framework
II (KASF II) 2024/25–2026/2711, which targets a 75% reduction in new HIV infections
by 2025. By mid-2023, infections had dropped 47%, from 41,416 in 2019 to 22,154
in 2022. Efforts to reduce mother-to-child transmission achieved a decline from 10.8%
in 2019 to 8.6% in 2022, with commitments to the triple EMTCT initiative for
eliminating HIV, syphilis, and HBV transmission. HIV prevalence declined from 4.76%
in 2020 to 3.7% in 2023, and HIV-related mortality reduced by 5%, from 19,486 to
18,473.
135. The Government expanded prevention strategies, including PrEP uptake, which
improved from 29% in 2020 to 64% in 2022. Identification of Persons living with HIV
(PLHIV) rose from 93% in 2020 to 99%, with 94% on antiretroviral therapy and 89%
achieving viral suppression in 2022, though gaps remain for children. In June 2023,
vaginal rings were introduced for adolescent girls and young women to reduce
infections, while the Kenya Plan to End AIDS in Children by 2027 was launched in
September.
136. To enhance access to justice and streamline operations, the HIV and AIDS Tribunal
Rules, 2022 were gazetted on 24 February 2022 via Legal Notice No. 33, establishing
formal procedures for filing, hearings, evidence, and appeals.
COLLECTIVE AND PEOPLE’S RIGHTS
EXTRACTIVE INDUSTRIES, ENVIRONMENT AND HUMAN RIGHTS VIOLATIONS
137. Kenya pioneered the development of a National Action Plan (NAP) on Business and
Human Rights, the first of its kind in Africa. Approved by Cabinet and adopted by
Parliament as Sessional Paper No. 3 of 2021, the NAP’s implementation is ongoing,
aiming to align business practices with human rights obligations under both national
and international frameworks. Capacity-building initiatives have engaged stakeholders
across the private and public sectors including lawyers, procurement officers, and civil
society focusing on the NAP’s provisions. To facilitate wider accessibility, simplified
versions of the NAP have been produced in English and Swahili.
37
138. The Government is developing comprehensive guidelines for human rights due
diligence and grievance handling, with plans to launch them in 2025. Recognizing the
evolving landscape, the Government has initiated a review of the policy to address
emerging challenges and strengthen implementation mechanisms. Stakeholder
consultations continue to inform this process to ensure the NAP remains responsive
to human rights concerns in business operations.
139. In October 2024, Kenya hosted the Third African Business and Human Rights
Forum in Nairobi, in collaboration with the African Union, the United Nations
Development Programme (UNDP), and the Office of the High Commissioner for
Human Rights (OHCHR). The Forum brought together over 300 stakeholders from
government, business, civil society, national human rights institutions, and
international organizations. The event provided a high-level platform to assess
progress on the implementation of the UN Guiding Principles on Business and Human
Rights (UNGPs) across Africa. It also facilitated regional dialogue on the development
of National Action Plans (NAPs), responsible business conduct, and access to remedies
for victims of business-related human rights violations.
INDIGENOUS POPULATIONS/COMMUNITIES AND MINORITIES
140. Kenya is advancing the rights of marginalized communities and indigenous peoples
through several initiatives. The President established the Minorities and Marginalized
Affairs Unit (MMAU) under the Executive Office of the President through Executive
Order No. 2 of 2023. The Unit serves as a specialized office mandated to coordinate
and advocate for the inclusion, protection, and empowerment of minorities and
marginalized communities across all sectors.
141. The Unit is undertaking a bill on Ethnic Minorities and Marginalized Communities,
2025, together with a National Policy on Ethnic Minorities and Marginalized
Communities (2025–2035), to provide a comprehensive legal and policy framework to
guarantee the protection, inclusion, and empowerment of minority and marginalized
groups as enshrined in Articles 27 and 56 of the Constitution of Kenya.
142. The Government is also implementing the World Bank’s Indigenous Peoples
Planning Framework to ensure indigenous communities are consulted on
environmental and social impacts of development projects. Additionally, the
Indigenous Peoples’ Framework and the National Guidelines for Free Prior Informed
Consent 2023 were introduced under the REDD Plus Strategy to enhance participation
in sustainable resource management.
38
143. The Equalization Fund Appropriation Bill (2023), containing Ksh. 10.8 billion (USD
83.8M), was enacted to provide basic services in marginalized areas. It ensures
indigenous representation by allocating funds to counties for essential services. The
Equalization Fund (Administration) Bill (2023) established criteria for fund utilization,
strengthening community involvement.
TABLE 1: EDUCATION INTERVENTIONS, OBJECTIVES, AND ACHIEVEMENTS
No Intervention
Objectives and Achievements
1
School Meals Programme
The programme aims to support the Government’s effort
towards attainment of Universal Primary Education (UPE) and
Education
for
All
(EFA).
• Increased enrolment, prevented drop-out and stabilized
attendance in targeted pre-primary and primary schools.
• Positively impacted 1.6 million, 1.84 million, 2.26 million,
and 2.5 million learners in 2020, 2021, 2022, and 2023,
respectively.
2
Edu Afya Programme
Objective: Offer comprehensive medical insurance coverage
for all students in public secondary schools registered with
NEMIS.
• Reduced absenteeism in secondary schools due to medical
issues.
• Benefited 3.02 million in 2020, 3.29 million in 2021, 3.58
million in 2022, and 3.69 million in 2023 public secondary
school students.
3
Low-cost
Boarding Provides top-up grants to learners in ASALs to cater for
Schools’ Grants (ASALs)
boarding
and
other
facilities.
• Benefited 83,146 learners in 2020, 84,786 in 2021, 121,374
in 2022, and 141,739 in 2023.
4
Differentiated Unit Cost Funds universities based on the number of governmentModel for Universities
sponsored students enrolled in public and private universities
to
support
the
100%
transition
policy.
• Benefited 284,691 learners in 2020, 315,122 in 2021,
402,832 in 2022, and 445,832 in 2023.
5
Library
Programme
Digitization Goal: Ensure seamless access to a vast array of digital
resources.
39
• 4,730 digital resources uploaded on the platform.
• 10,000 rare materials digitized.
40
PART B
2ND PERIODIC REPORT ON IMPLEMENTATION
OF THE PROTOCOL TO THE AFRICAN
CHARTER ON HUMAN AND PEOPLE’S RIGHTS
ON THE RIGHTS OF WOMEN IN AFRICA
(MAPUTO PROTOCOL)
41
PART B: MAPUTO PROTOCOL
INTRODUCTION
144. The Government of Kenya ratified the Protocol to the African Charter on Human
and Peoples Rights on the rights of women in Africa in 2010 and remains committed
to fulfilling its obligation to accelerate efforts towards the promotion and protection
of the rights of women and girls.
145. Kenya presents this progress report, that is prepared in accordance with article 62
of the African Charter on Human and Peoples Rights. The information provided herein
builds on the initial report of 2020 and demonstrates progress made on the legal,
policy, judicial, administrative, and programmatic interventions for the past two
years, towards the realisation of the rights in the Protocol.
146. The report was prepared through an inclusive and participatory process that
involved state and non- state actors: The Ministry of Gender, Culture, the Arts and
Heritage - through the State Department for Gender and Affirmative Action provided
stewardship for the process, with the support of UN Women. The Ministries,
Departments and Agencies involved included: Health, Agriculture, Education, Foreign
Affairs, Housing, Labour and Social Protection, National Treasury, Interior and
Coordination of National Government, Judiciary, office of the Attorney General and
Constitutional offices (National Gender and Equality Commission and the Kenya
National Commission on Human Rights).The Council of Governors was also part of
the process. Civil Society Organizations were represented by Equality Now and
Athena Feminists. The report was also validated at a national stakeholders’ forum to
ensure accountability and national ownership.
147. The report further provides responses to the Concluding Observations of the
African Commission on Human and Peoples Rights regarding Kenya’s initial report.
The Concluding Observations were disseminated to stakeholders both state and nonstate actors. The responses to the Concluding Observations are incorporated in the
information provided under the eight (8) thematic areas of the Protocol, along which
the report is structured:
a) Equality/Non-discrimination: Articles.
b) Protection of women from violence.
c) Rights relating to marriage (articles).
d) Health and reproductive rights.
e) Economic, social and cultural rights.
f) Right to peace (article 10).
g) Protection of women in armed conflicts (article 11); and,
42
h) Rights of specially protected women’s groups.
148. The report further outlines the challenges faced, and proposed solutions and
recommendations required to accelerate efforts towards the realization of the rights
provided for in the Protocol.
ARTICLES 2, 8, 9 & 12: EQUALITY/ NON-DISCRIMINATION
ELIMINATION OF DISCRIMINATION AGAINST WOMEN
149. As indicated in Kenya’s initial report, women’s rights are guaranteed in the
Constitution of Kenya in the Bill of Rights. Women and men have the right to equal
treatment, including the right to equal opportunities in political, economic, cultural
and social spheres. In this regard, the state has continued to undertake policy,
legislative and other interventions designed to redress any disadvantage suffered by
individuals or groups due to past discrimination.
150. The Government has continued to ensure gender issues are integrated in policies,
legislation, plans and programme through the gender mainstreaming approach which
is anchored on the National Policy on Gender and Development, 2019 and
implemented through a National Action Plan (2023-2027). The policy provides details
of the overarching principles to be integrated into the National and County
Government sectoral policies, practices and programmes for the achievement of
equality and non-discrimination in all spheres of development.
151. Judiciary is also implementing its Gender Mainstreaming Policy whose main
objective is to promote equal opportunities in recruitment, promotion and career
advancement; eliminate gender-based discrimination against employees and
customers; and enhance the capacity of the judiciary to undertake gender responsive
planning, implementation and evaluation of policies, programs and projects.
152. Additionally, the Tourism’s Workplace Policy on Gender Mainstreaming, 2021 has
been developed to serve as a comprehensive framework for the achievement of
gender equality and equity in the sector. The policy also identifies special measures
to be undertaken to redress identified gender inequities and inequalities in the sector.
Furthermore, a Gender Mainstreaming Committee has been established to steer the
policy implementation.
43
153. Other initiatives include the Kenya 2 Equal initiative, launched jointly by the
Federation of Kenya Employers (FKE) and the International Finance Corporation (IFC)
aimed at closing the gender gap and promote equal opportunities for women in the
labour market.
154. The period under review has also witnessed court cases on enforcement of laws
to ensure equality before the law and protection of women against discrimination. A
case in point is the Constructive Dismissal Due to Sexual Harassment. CMK v
Chandarana Supermarket Limited (Cause 13 of 2018). 19 The court awarded the
claimant Ksh. 500,000 as compensation for sexual harassment. Additionally, the
claimant was entitled to three months’ salary as compensation for the termination and
the costs of the suit.
ARTICLE 8: ACCESS TO JUSTICE AND EQUALITY BEFORE THE LAW
Concluding Observations: Consider amending Section 23 of the Sexual Offences Act.
2006, which limits prosecution of sexual harassment as it applies only to persons in
positions of authority.
155. Access to justice and equal protection and benefit of the law are dominant
provisions of the Constitution, related policies and legislations. Towards this end,
measures to amend the Sexual Offences Act. 2006 have been initiated through the
introduction of The Amendment Bill 2023. The principal objective of this Bill is to
promote national public awareness of sexual offences. The Bill specifically mandates
the Cabinet Secretary responsible for education to establish programs to safeguard,
protect, and promote the right to education of victims of sexual offences, including
victims of teenage pregnancies.
156. Furthermore, the Bill provides for the definition of a Cabinet Secretary to align the
Act with the Constitution. The Bill does not have a provision to amend Section 23 of
the Sexual Offences Act, however, this provision may be considered and
incorporated, through public participation, as the Bill goes through the required
legislative process.
Concluding Observations: Ensure that the implementation of Alternative Dispute
Resolution Bill 2021 will strengthen the protection of women before the Law.
157. This Bill was introduced by a private member of the Senate as The Alternative
Dispute Resolution Bill 2021 (Senate Bill No. 34 of 2021). The Bill, however, lapsed
19
[2024] KEELRC 388 (KLR).
44
with the 12th Parliament and a new Senate was constituted following the general
election of 2022. Despite this, Sessional Paper No. 2 of 2024 on the National
Alternative Dispute Resolution Policy is currently under consideration by the National
Assembly. The policy provides for collaboration with the Practice Area Committees
(PACs), faith-based providers and other non-state actors to remove barriers to the
use of Traditional Dispute Resolution Mechanisms (TDRMs) for vulnerable and special
groups such as women, youth, and children, and any other elements that may make
the mechanisms unavailable constitutionally.
158. The importance of Alternative Justice Systems (AJS) within the context of the
constitution of Kenya in Article 159 (2) (c) has been recognized. The Judiciary has
therefore developed and implemented the AJS Policy which seeks to promote the
involvement of women in community-led dispute resolution processes; by
recognizing women’s roles as active participants rather than passive subjects. Eight
(8) Alternative Justice Systems Ukumbi suites have been established and AJS Action
Plans launched in four (4) counties integrating traditional and community-based
conflict resolution mechanisms into formal justice systems.
159. It is also noteworthy that on 21st June 2022, the 1st Annual Alternative Justice
Systems (AJS) Conference was held followed by the second and third one in 2023
and 2024 respectively. Through these conferences, convened by the National
Steering Committee on the implementation of AJS (NaSci-AJS), Kenyans were
educated on informal and traditional justice systems and the role they can play in
enhancing access to justice, thereby easing the burden on formal courts.
160. In response to the full operationalization of the Legal Aid Act, 2016, and the
provision of legal aid to indigent women, the government has continued to provide
resources to facilitate full implementation of the Act.
161. The Mahakama Popote initiative, launched in October 2022, leverages on
resources and ICT. Judicial officers with lower caseloads take up matters filed in
courts with higher caseloads without physical travel to those stations (virtually. In
the year 2022/2023, 6,469 cases were referred and 3,313 cases heard and
determined, while in 2023/2024, a total of 7,665 cases in these courts were
distributed caseloads, out of which 6,269 were resolved. The Mahakama Popote and
the 57 mobile courts established so far, have extended critical services to the
underserved regions in the country and enhanced access to justice.
162. Experiences of court users in accessing court can differ based on gender. Gender
statistics provide valuable insights, including indicators and benchmarks to assess
progress and analyse underlying factors. The Judiciary has therefore been collecting
gender disaggregated data of court users on litigants both plaintiffs and defendants
45
to better inform policy development and programs to ensure a more inclusive and
equitable environment for all court users.
163. In the financial year 2023/24, women comprised a third of all individual court users
in superior courts as plaintiffs or defendants. However, the proportion of women
applicants was higher in Employment and Labour Relations Court (ELRC) (49%) and
Environment and Land Courts (ELC) (47%). At the High Court, women accounted for
11% of applicants out of which 12% constituted those accused in murder cases and
3% in anti-corruption cases. In the Magistracy, women made up 12 percent of court
users, as plaintiffs or defendants. They were the majority in civil matters, making up
64% of plaintiffs. In contrast, men dominated traffic offenses (98%), robbery cases
(96%), and anti-corruption cases (77%). For children in conflict with law, boys
constituted 88 per cent. At the Kadhis Courts, 39% of applicants were male, while
women made up the majority in divorce (90%) and matrimonial causes (59%).
Similarly, men comprised 61% of applicants at the Tribunals.20
164. Access to judice is also evident in other court decisions. An example is the
declaration that out-of-court settlement agreements in sexual violence cases were
unconstitutional. This is in the case of W & Another v Omondi & 3 others
(Constitutional Petition E416 of 2021) [2023] KEHC 26907 (KLR). In this case, it was
noted that Out-of-court settlement agreements in sexual offences resulting in the
non-prosecution of those likely to be culpable had far-reaching effects on the victims.
Apart from infringing on the victims’ rights and fundamental freedoms guaranteed
under Articles 27, 28 and 29(c) of the Constitution, such agreements contravened
section 40 of the Sexual Offences Act and international instruments to which Kenya
was a State Party.21
165.
Some of the best practices in access to justice include the following:
(a) Facilitating access to services: One of the courts in Kenya, Nyahururu Law
Courts has adopted an innovative way of facilitating vulnerable groups access
services at the court. The group which includes the elderly, nursing mothers,
children, physically challenged and expert witnesses, are issued with express
tickets and served on priority basis; and,
(b) Child Protection and Management System: Kenya has a functional Child
Protection and Management System which documents all cases of child
protection. This data informs interventions and case management support on
child protection in Kenya.
20
21
State of the Judiciary and the Administration of Justice Annual Report (2023/2024).
Ibid 15
46
166. Various public education programmes continue to be undertaken such as Best Me
Mentorship Clubs, counselling within schools as well as integration of human rights
content into the curriculum. Teachers have also undergone training to serve as
gender champions in schools, especially in addressing GBV in the sector.
167. By 2023, the Best Me Mentorship program had reached over 20,000 youth across
the country. Various surveys indicate 85 per cent of participants reported improved
clarity in career goals, and approximately 60% of graduates had pursued further
education or vocational training. Additionally, over 300,000 youths had participated
in various training programs since the inception of the National Youth Service (NYS)
with reports indicating that approximately 70% of graduates secure employment or
start their own businesses within six months of completion.
168. Further to this, in 2022, the International Association of Women Judges - Kenya
Chapter launched the ‘Kenya Judicial Bench Book on Labour Trafficking in Persons’
to boost the fight against the exploitation associated with trafficking in persons. The
Bench Book includes good judicial practices for managing Trafficking in Persons
cases, thus ensuring that the law is administered effectively. This is crucial given that
victims of trafficking are often in need of expeditious and cost-effective resolution of
their disputes.
169. Within the judiciary, statistics indicate steady progress in closing of gender gaps.
Women comprise over 44% of the Judiciary. At the leadership level, the offices of
the Chief Justice, Attorney General, Deputy Chief Justice, Chief Registrar of the
Judiciary, Principal Judge of the Employment and Labour Relations Court, Registrar
of the Supreme Court, Registrar of the High Court, Registrar of the Environment and
Land Court and Registrar of Tribunals, among other courts, are occupied by women.
Additionally, there are 86 males against 91 female judges: 244 males against 298
female judicial officers (magistrates). Among the practising lawyers, 7,426 are male
and 6,481 are females.
170. The applicability of the constitutional provisions on equality and non-discrimination
has been affirmed through recent jurisprudence. In Mitu-Bell Welfare Society vs
Kenya Airports Authority & 2 others;22 the Supreme Court affirmed the applicability
of structural interdicts as part of the remedies that a court could fashion to remedy
a violation of fundamental rights and freedoms. The Court held that under Article
23(3) of the Constitution, courts have the power to create orders that protect a right
22
Initiative for Strategic Litigation in Africa (Amicus Curiae) (Petition 3 of 2018) [2021] KESC 34 (KLR) (11 January
2021) (Judgement) -(https://www.escr-net.org/caselaw/2021/mitu-bell-welfare-society-v-kenya-airportsauthority-sc-petition-3-2018/).
47
and prescribe appropriate rules and damages related to that right. Further, for a form
of relief to be appropriate, it must be effective, sufficient and available to address
the human rights violation.
In Ripples International v Attorney General & another;23 the High Court held that
Sections 35 (1) (b), 36 (1) (b) and 39 (1) and (b) of the Law of Succession Act on
intestate succession were declared unconstitutional for being discriminatory against
women and girls.
171.
172. There is notable progress on implementation of the constitution regarding Article
20, which states that the court tribunal or other authority shall promote equality in
interpreting the Bill of Rights. In this case, the Supreme Court in Wamwere & 5
others v Attorney General;24 held: ‘In light of the dictate of Article 27(1) of the
Constitution on equal protection and equal benefit of the law, we are inclined to the
view that all victims of historical injustices must be treated equally and afforded an
equal opportunity for redress’.
173. In Mokaya vs Kithure Kindiki t/a Kithure Kindiki & Associates;25 the court issued
remedies to an employee whose employment was terminated on account of
pregnancy.
174. The above rulings are an achievement as it demonstrates the applicability of the
constitutional provision of equality and non-discrimination by the courts. However,
challenges persist in access to justice, such as limited resources and interference by
Kangaroo Courts whereby some communities/families want to solve cases, such as
SGBV cases, on their own.
ARTICLE 9: POLITICAL PARTICIPATION AND DECISION -MAKING
Concluding Observations – Fast-track the adoption of the Representation of Special
Interests Group Law (Amendment) Bill 2019, introduced in the National Assembly in July
2019, to give effect to Article 100 of the Constitution and promote the representation of
women in Parliament:
175. The National Assembly Bill No. 52 of 2019, on Representation of the Special
Interest Groups, lapsed with the twelfth (12th) Parliament following the general
elections of 2022. The Bill was sponsored by a former Member of Parliament, and
23
FIDA (Interested Party), Constitutional Petition E017 of 2021, [2022] KEHC 13210 (KLR), High Court of Kenya at
Meru, September 29, 2022.
24
(Petition 26, 34 & 35 of 2019 (Consolidated)) [2023] KESC 3 (KLR) (Constitutional and Human Rights) (27 January
2023) (Judgement).
25
(Petition 62 of 2019) [2021] KEELRC 1 (KLR) (30 September 2021) (Judgement).
48
currently, the National Gender and Equality Commission in consultation with the
Office of the Attorney General has initiated the process of reintroducing the Bill.
Concluding Observations: The Government to continue its efforts to improve the
proportion of women in decision-making positions:
176. The Government has continued to implement various policies aimed at enhancing
women’s representation in decision-making. An example is through the Public Service
Commission Diversity Policy 2016, aimed at promoting diversity in the public service
workforce by ensuring public service institutions achieve a workforce that is
representative of all citizens from diverse communities and equal opportunities to
men, women, members of all ethnic groups, Persons with Disabilities (PWDs) and
the youth.
177. In the financial year 2022/2023, an analysis of 390 Ministries, Departments and
Agencies indicated that ninety two percent women of the public sector had complied
with the not more than two thirds gender principle. A further analysis established
that 37 percent on management positions (Job Group P and above were women.26
Within the same period, 2.3% of public servants were persons with disabilities which
however falls short of the 5% minimum requirement. Additionally, various
Government ministries that have developed gender mainstreaming policies include
Education, Tourism, Health, Public Service, the Judiciary and the Council of
Governors.
178. Specific programmes continue to be implemented, such as the Women in Political
Leadership course offered at the Kenya School of Government to equip women
aspirants with leadership skills. The program has recorded a steady increase in
enrollment, with over 200 women participating in the course annually. Approximately
70% of graduates have taken on leadership roles or engaged actively in political
activities post-completion of the course.
179. Prior to the 2022, general elections, the establishment of the Early Warning and
Response Centre and the Women Situation Room (EWER & WSR) in Isiolo (Eastern
Region of Kenya) provided an enabling environment for women to campaign without
fear of disruptions due to the deterrent mechanisms put in place. Furthermore, media
engagement programmes on women leadership and mentorship programmes in
higher learning institutions have been undertaken.
26
Status of Gender Equality and Inclusion in the Public Sector.pdf.
49
Concluding Observations: Continue its efforts to amend the Constitution, to put in
place mechanisms for achieving the two-thirds gender rule, and/or: adopt a specific
legislation on the implementation of the two-thirds gender rule.
180. Kenya’s Constitution does not explicitly provide for mechanisms to achieve gender
quotas in the National Assembly. The County Governments Act (No. 17 of 2012)
provides a framework for implementing the not more than two-thirds gender rule
within county assemblies. As a result, the existence and implementation of the quota
mechanisms has led to almost one-third women representation in the county
assemblies. The two-thirds gender principle is yet to be implemented in Parliament
and has been outstanding since 2010. Measures to find a solution towards the
realization of the constitutional provision on gender are progressing.
181. The Presidential Memorandum to Parliament of 2022 which recommended an
amendment to the Constitution of Kenya by proposing that the National Assembly
and Senate spearhead the process after the Supreme Court in the Building Bridges
Initiative (BBI) case affirmed that the Head of State lacks authority to initiate changes
to the Constitution.
182. A National Dialogue Committee (NADCO) set up to facilitate a dialogue and
consensus building recommending appropriate constitutional, legal and policy
reforms on issues of concern to the people of Kenya presented its report to
Parliament in December 2023. One of the key issues was the implementation of the
two-thirds gender rule, The Committee considered the work undertaken by a MultiSectoral Working Group on the realisation of the two-thirds gender principle and
recommended two options for consideration.
183. Option 1 – Adopt the Principle under article 177 as follows (a): based on
proportional representation by use of party lists as provided for under article 90 (b)
comprise candidates who stood for election with precedence being given to
candidates who received the greatest number of votes. Option 2: Double the number
of women seats from the counties to the national assembly from forty-seven (47) to
ninety-four (94) while retaining the 290 elected from the constituencies and the
twelve (12) nominated from the party lists. Use the top up list to address any
shortage in the number of women in the national assembly that may arise from
application of the formula.
184. The Multi-Sectoral Working Group (MSWG) established in 2023 on implementation
of the two-thirds gender principle completed its final report detailing the proposed
legislative instruments (Three Bills). The report was
tabled in parliament and
committed to the Departmental Committee on Justice and Legal Affairs for
consideration. The framework recommends:
50
a) Constitutional amendments to provide for gender top up through party lists.
b) The Elections Act 2011 be amended to provide for submission of party lists that
comply with the Two-Thirds Gender Principle.
c) The Political Parties Act 2011 be amended to provide for establishment of the
Women Inclusion and Political Participation Fund for purposes of financing
education and training, mentorship and capacity building, including support for
women seeking elective positions; and,
d) The enactment of Equality Law and legislation to implement Article 100 of the
Constitution.
185. The Working Group also drafted recommendations that require administrative
action aimed at achieving gender equality and empowerment of women.
186.
Women’s participation leading up to the 2022 elections:
(a) Out of the 16,100 candidates cleared for the 2022 polls, women represented
12.18 per cent (1,962 candidates);
(b) Three (3) women were nominated as running mates out of the four presidential
candidates;
(c) 62 out of 266 deputy gubernatorial candidates were women, representing a
156 percent and a 94 percent increase, compared to 2017;
(d) 45 out of 341 senatorial candidates and 216 out of the 2,132 candidates for
National Assembly were women, representing a 114% percent and 61%
percent increase respectively. One woman with a disability was nominated to
the National Assembly; and,
(e) 1,324 out of 12,997 candidates for MCA were women, a 66 percent increase
since the last elections.
187. As a result, women's representation increased slightly to 23.3% in 2022 (29
elected from single constituencies) from 21% in 2017 (23 elected from single
constituencies). At the County government level, out of the 47 County Governors, the
number of women increased from 3 (3%) to 7 (15%) with Deputy Governors at 8
(17%). Women comprised 21 out of 67 senators (31.3% inclusive of the 3 elected
women senators and 18 nominated). Additionally, in the Members of County
Assemblies (MCAs), 718 out of 2166 (33%) seats are held by women.
188. In 2023, a new initiative dubbed the G7 Strategy, was launched by the seven
elected female governors in Kenya. The strategy aims to increase women's
representation in political decision-making by ensuring that 24 women governors are
elected in 2027, as well as undertaking mentorship programmes for young women.
The strategy is anchored around seven (7) pillars namely: Socio-economic
51
development, Good governance, Accountability and Access to Justice, Political and
Institutional Strengthening.
189. Various initiatives have been achieved through the G7 strategy which include:
launch and commissioning of the Oncology Centre as well as an empowerment
program for cancer patients in Kwale County, launch of the 20 million NAVCPD grant
that will be allocated to the Saccos in 20 wards, to benefit the women and the youth.
In addition to these initiatives, the G7 Advisory Council has been established to
support the implementation of the strategy, by addressing barriers faced by women
in leadership, and provide guidance to enhance their participation.
190. The Government has strengthened the gender architecture in Kenya through the
establishment of the Office of the Women’s Rights Advisor, with the responsibility of
advising the Head of State on matters pertaining to women’s rights and
empowerment. The Advisor further supports the coordination of the President’s
special projects and adoption of the women’s agenda across all sectors, as outlined in
the country’s Bottom-up Economic Transformation Agenda (BETA) plan and Women’s
Charter. The Office has facilitated access to microfinance for women, impacting over
100,000 women across various counties, assisting them set up small businesses.
191. Delay in the implementation of the two-third gender rule in Parliament (National
Assembly) is acknowledged as one of the obstacles faced in enhancing women’s
leadership. There is a pending case at the High Court on whether to dissolve
Parliament for failure to meet the two-third gender rule. However, it is anticipated
that Parliament will consider the report of the multi-sectoral working group and pass
the proposed legislative measures.
ARTICLE 12: RIGHT OF EDUCATION AND TRAINING
192. The Constitution of Kenya provides that education is a social right for everyone,
regardless of gender. Various laws and policies continue to be implemented which
include:
a) 100 Percent Transition Policy, 2018 which guarantees transition of all learners from
one level of education to the next;
b) Basic Education Act, 2012 which ensures the rights of all children to free and
compulsory education;
c) Re-entry policy, 2020 that seeks to promote readmission of learners who drop out
of school due to varied reasons, including pregnancy;
52
d) Mentorship Policy for Early Learning and Basic Education, 2019 which provides for
mentors and role models in schools, and guidance and counselling programs to
promote retention; and,
e) The Model Gender Mainstreaming Policy for Technical and Vocational Education
and Training (TVET), 2023 that addresses critical aspects of gender disparities,
and provides a roadmap towards gender mainstreaming in TVETs.
193. The right to education continues to be realised through the following interventions:
a) Introduction of Affirmative Action and reduction/lowering of cut-off points for
degree programmes for female applicants, minority and marginalised groups as
well some specific programmes in Science, Technology, Engineering and
Mathematics (STEM) courses. This intervention has contributed to the increase
in gross enrolment by 8.20% from 2018/19 to 2021/22, as indicated in the
National Education Sector Strategic Plan (NESSP) 2023-2027.
b) Scholarships offered by county governments among others which include Elimu
Scholarship provided by the private sector such as: Mastercard Foundation,
Wings to Fly, Kenya Commercial Bank with girls accounting for 55% of the
beneficiaries.
c) School Feeding Programmes: hot day meals whereby in the 2021/2022 financial
year, 2,257,963 pupils in Arid and Semi-Arid Lands (ASALs) and vulnerable
regions benefited from the programme.
d) Free Sanitary towels programme to public schools. Reports of the Office of the
Auditor General indicate that between the financial year 2011/12 to the 2021/22,
the expenditure for the programme was Kshs. 3.5billion, reaching 12.5 million
girls. During the 2023/24 financial year, the programme benefited 2,293,251 girls
in public primary schools and junior secondary schools with a budget of 876
million.
e) The Kenya Primary Education Equity in Learning programme (KPEEL) aimed at
reducing regional disparities in learning outcomes; improve the retention of girls
in upper primary education. Through this programme, 17,484 girls and 16,616
boys received scholarships between 2023-2024. The program beneficiaries are
needy and vulnerable girls and boys. Through the program, teachers are trained
as gender champions to mentor beneficiaries at the school level. The
beneficiaries also undertake regional mentorship forums with professionals. In a
bid to strengthen systems for delivering equitable education outcomes, capacity
building on gender responsive planning and budgeting has been undertaken for
all the 47 county education directors in the country.
53
194. The government continues to undertake measures to protect women and girls
from all forms of abuse, including sexual harassment in schools. Some of the measures
include the enforcement of the Teachers’ Code of Conduct and Ethics that prohibits
sexual harassment in schools, establishment of ‘Speak Out Boxes’ within the schools
to provide a channel where learners can express their needs/concerns anonymously
and securing safe spaces such as the guidance and counselling rooms.
195. The COVID-19 pandemic adversely affected learning across the country, which
necessitated the need for early preparedness in the event of such a crisis and other
humanitarian disasters.
196. Some of the best practices include; Continuous capacity building of teachers on
gender sensitive pedagogy; Addressing gender stereotypes through gender
responsive school curricula that encourages girls to venture into hitherto stereotypical
fields; and Adoption of technology to help remove barriers to education occasioned
by distance and other disruptions in the case of E-learning platforms.
ARTICLES 3, 4 AND 5: PROTECTION OF WOMEN FROM VIOLENCE
ARTICLE 3: RIGHT TO DIGNITY
197. The Government of Kenya recognises the rights of women including right to selfdevelopment and has undertaken policy, legislative and programmatic measures.
These rights are realized through implementation of; The Employment Act, which
recognizes the importance of work-life balance by guaranteeing maternity leave and
paternity leave, Refugees Act 2021, National Policy on Family Promotion and
Protection, 2023, as well as the Kenya Policy on Social Protection, 2023.
198. The right to dignity has also been demonstrated by the Judiciary on measures
taken to protect women from degradation. An example is the law case - Prof. Tatu
Kamau case on FGM - Republic vs - Naftali Njami Kinuthia27 - Femicide.
199. Administrative measures have been taken through the development and
enforcement of the Teachers Service Commission Code of Ethics, Public Service
Officers Code of Ethics as well as the Government's 9-point agenda on women’s rights
under the Bottom-up Transformation Agenda. Enforcement of the Teachers Service
Code of Ethics has been demonstrated through deregistration of 209 teachers due to
various reasons including sexual misconduct.
27
Constitutional Petition 244 of (2019) [2021], KEHC 450 (KLR) CRIMINAL CASE NO. 31 OF 2019
54
200. The other programmes that are contributing towards the realisation of the rights
to dignity include: Free sanitary towels distribution to all public schools in Kenya,
introduction of GBV survivors Fund (Jasiri Fund) jointly initiated by civil society
organisations namely CREAW, GROOTS and CCGD, the national Government
affirmative Action funds that continue to give women, youth and persons with
disabilities a life line and improvement of their well-being.
201. Regarding the National Budget Allocations, the annual national budget typically
allocates funds for various socio-economic empowerment programs, which include:
a) Social Protection Programs: Approximately KSh.20 billion annually which
encompasses cash transfer initiatives for vulnerable populations.
b) Women's Empowerment: Around KSh. 2 billion targeted for programs aimed at
promoting women’s economic empowerment and entrepreneurship.
c) Uwezo Fund: Approximately KSh. 1 billion disbursed to support women and
youth groups with interest-free loans to promote entrepreneurship.
d) Inua Jamii Cash Transfer Program: Approximately KSh. 15 billion allocated for
cash transfers aimed at older persons and persons with disabilities.
ARTICLE 4: RIGHT TO LIFE, INTEGRITY, AND SECURITY OF PERSON
Concluding Observations: Continue its efforts to allocate an adequate budget to
ensure that the Protection against Domestic Violence Act is fully operationalised and
implemented.
202. Allocation of budget is executed per program item. The operationalization of the
Prevention Against Domestic Violence Act (PADV, 2015) is in the ambit of various
entities, namely the Ministry of Gender, Office of Director of Public Prosecutions
(ODPP), Judiciary and the National Police Service.
Concluding Observations: Ensure the effective implementation of the legislation on
SGBV, such as the Protection against Domestic Violence Act 2015.
203. The PADV rules (2020) allow survivors or their representative to apply for
protection orders and file a complaint against a suspected person. The Ministry in
charge of gender is disseminating the PADV Act and rules at the local levels in
collaboration with other stakeholders.
Concluding Observations: Operationalise the Legal Aid Act 2016 in a way which
facilitates reparations and access of victims to the Trust Fund Regulations.
55
204. The Legal Aid Act gives effect to Articles 19(2), 48, 50(2) (g) and (h) of the
Constitution to facilitate access to justice and social justice; to establish the National
Legal Aid Service; to provide for legal aid, and for the funding of legal aid and for
connected purposes. The National Legal Aid Service (NLAS) has been empowering
communities and inmates with legal knowledge through the legal aid clinics.
205. In 2021, Kenya launched the first ever Policare Policy for the National Police
Service (NPS) integrated response to gender-based violence. This policy is intended
to steer NPS in the establishment, management and operations of one-stop centres
dubbed ‘Policare’ to provide comprehensive support services including legal,
psychosocial support, police and health to survivors of Gender-Based Violence (GBV)
at no cost.
206. At the county level, around 16 counties have developed GBV policies and legislation
namely: Nairobi Vihiga, Homabay, Meru, Taita Taveta, Makueni, Embu, Nandi,
Kakamega, Bungoma, Migori, Wajir, Nyeri, Kilifi, Kwale and Tharaka Nithi.
207. Appropriate measures have also been taken to facilitate reporting, protecting and
assisting survivors and potential victims of Gender-based Violence. Both state and
non-state actors have established Toll free lines examples of which include 1195, 116,
1198, 999/991, 08007200000, gender desks at Police stations, community structures
such as GBV technical working groups, community policing, Talking boxes in schools
and public places among other initiatives.
208. The reporting period has also witnessed the establishment of twelve (12) Sexual
and Gender Based Violence (SGBV) Courts and guidelines for standardising the
operations of the Courts also developed. The SGBV Courts have been renamed to
Gender Justice Courts to promote a survivor centred approach to promote the
resolution of SGBV cases, placing the rights, needs, dignity and well-being of survivors
at the centre of all prevention and response measures.
209. The Government has continued to undertake public education on ending violations
against women and girls through various activities such as: the 16 days of activism
against GBV held annually, International Women’s Day, International Day of Zero
Tolerance of FGM, The day of the Girl Child, International Day of the Widows,
International Day of the Youth, as well as the Legal Awareness Week used to extend
legal literacy and awareness to members of the public.
56
210. The campaign to end Gender Based Violence including FGM and other harmful
practices has also been boosted at the highest level of national leadership. In 2021,
at the Generation Equality Forum, in Paris France, the Government of Kenya made
twelve (12) concrete commitments on accelerating efforts to end GBV and FGM by
the year 2026. The commitments are aimed at addressing the multi-faceted
challenges posed by GBV and FGM, and are centred around legal and policy reforms,
resource allocation, integration of services, research and data as well as collaboration
and partnerships.
211. Under the GEF commitments framework, the Government in collaboration with
stakeholders has achieved the following since 2021:
(a) The National Policy on Prevention and Response 2014 was comprehensively
reviewed;
(b) Establishment of bi-lateral collaboration, strengthened budgetary allocation and
engagement with non-state actors to achieve the Government’s commitment to
sustaining the allocation of USD 2.79 million to GBV and FGM and incrementally
works towards a minimum budget allocation of USD 5 million for the subsequent
financial years and institute an accountability framework for tracking expenditure;
(c) Initiated Ratification of ILO C190 by developing the facilitation guidelines and
training of gender champions to understand the convention’s principles and
objectives;
(d) Strengthened the utilization of gender statistics in informing the design, scale-up
and evaluation of FGM and GBV programming in the country. The KDHS 2022
report, has to an extent enhanced comprehensive gender specific data thereby
facilitating a more informed evidence-based policy formulation, programme design
as well as enhanced decision making and strategic planning. However, it is
recognized that inadequate gender, age and disability disaggregated data are
presented in the KDHS (2022) on women with disabilities. It is however anticipated
that in future, the report will display an intersectional analysis on data to allowing
visualization of the violence encountered by girls and women with disabilities;
(e) Development of GBVRC and Safe Spaces guidelines and implementation of
Protection Against Domestic Violence Act Rules to enhance access to justice. The
waiver of P 3 form fee has also enhanced access to justice;
(f) Scaling up the National Police Service Integrated Response to GBV (Policare) and
establishing GBVRCs and shelters in all 47 counties;
(g) Establishing a GBV survivors fund through a co-financing model in partnership with
private sector, civil society and other stakeholders: A collaborative effort involving
CSOs has led to the establishment of Jasiri Fund that provides substantial support
57
for GBV survivors. A dignity pack has also been introduced by the government to
alleviate the burdens faced by survivors and provide essential support for their
well-being;
(h) With regard to GBV prevention and response in crisis situations such as the COVID19 pandemic response, humanitarian contexts and electoral-related GBV: The
Government has activated GBV Task Force, National and County GBV Working
Groups, introduced the Triple Threat Framework and expanded utilization of ICT
for Access to justice as mitigation to the heightened risks faced by the country and
individuals during crisis situations. Various county governments also provided tele
counsellors to support GBV helplines. In partnership with the Association of
Physically Disabled – Kenya, the counties further utilized the existing helplines to
reach PWD survivors and creating greater awareness on the available GBV support
services;
(i) Establishment of a governance structure to guide execution of the national action
on accelerating efforts to end GBV/FGM and other harmful practices by 2026. The
multi-sectoral GEF Leadership structure, encompassing the National Advisory
Committee, the National Steering Committee and the county-level leadership; and,
(j) Guidelines for the establishment of Safe and Protective Spaces for GBV survivors
were also developed to set standards for organisations that respond to GBV. Civil
Society Organizations operate 36 shelters in 13 counties (Nairobi, Kisumu,
Mombasa, Kwale, Samburu, Kajiado, Murang’a, Laikipia, Kiambu, Nyeri, Meru,
Machakos, and Makueni).
212. The government is addressing challenges affecting implementation of various
laws, policies, and programmes for protection of women against violence including
discriminatory social cultural norms and practices. The government is also taking into
consideration the need for strengthened partnerships and innovativeness to address
inadequate resources for the establishment of Gender Violence Protection Centres,
safe shelters as well as Policare centres.
ARTICLE 5: ELIMINATION OF HARMFUL PRACTICES
Concluding Observations: Ensure the implementation of the Intergovernmental
Gender Sector Working Group recommendations, to effectively address retrogressive
cultural practices at county level, especially beading in the Samburu community.
213. The Gender Sector Working Group is operational at the National level and within
the Counties with five thematic technical working groups. The GBV technical working
group is active in all the counties. Through these mechanisms, there is continuous
58
sensitization of the Samburu morans against FGM and child marriage. The KIOS
Foundation (Finnish NGO Foundation for Human Rights) and Samburu Women Trust
are amongst local organizations protecting girls from beading in the Samburu
community.
Concluding Observations: Pursue its efforts to eradicate Female Genital Mutilation in
specific contexts, such as Covid-19 Pandemic, and communities with high FGM
prevalence.
214.
The following measures have been taken:
(a) The Kenya Demographic and Health Survey (KDHS) 2022, captured FGM and GBV
indicators to strengthen the utilization of gender statistics and inform evidencebased policy and programming;
(b) During the Financial Year 2021/2022, the Government allocated Kshs. 129M for
GBV and Female Genital Mutilation (FGM) elimination with further allocation of
Kshs. 120M as Counterpart funds for GBV prevention and response under the
Kenya-Finland bilateral program for 2021-2024;
(c) Development and implementation of the national guidelines for engaging men and
boys in FGM elimination through a joint programme between the Anti-FGM Board
and Men End FGM Foundation;
(d) Efforts to eradicate FGM have been strengthened at the community level through
County FGM steering committee in the 22 hotspot counties;
(e) The Anti-FGM Board upscaled sensitization programme targeting elders from
hotspot counties. As a result, the elders as custodians of culture made declarations
to abandon FGM in their communities, Examples include; Samburu, Kuria, Maasai
among others.
(f) Under the Generation Equality Forum, Kenya committed to scale up financing for
ending Gender Based Violence and Female Genital Mutilation by 2026 (Details are
provided under Article 4); and,
(g) These efforts have contributed to the decline in FGM prevalence from 21% (KDHS,
2014) to 15% (KDHS, 2022) nationally among women of reproductive age.
Concluding Observations: Consider amending section 19 of the Prohibition of Female
Genital Mutilation Act, to prohibit all practices of female genital mutilation, including all
harmful procedures to the female genitalia for non-medical purposes (Type-IV FGM), as
recommended by the High Court of Kenya in 2021.
215. FGM Type IV includes all other harmful procedures to the female genitalia for nonmedical purposes, such as pricking, piercing, incising, scraping and cauterizing the
59
genital area. Amendment of the Act, about ‘all harmful procedures’ will be considered
during the review of the Anti-FGM Act, 2011.
216. Kenya continues to undertake various measures to protect women and girls from
harmful practices such as FGM, child, early and forced marriage, and widow
inheritance, Sexual Exploitation and Abuse of girls including child labour that
disproportionately affect girls.
217. On judicial measures, in the case of Miriam Chebet v Republic [2021] eKLR, The
High Court affirmed the decision of the trial court that convicted and sentenced the
appellant charged with the offense of failing to report the commission of Female
Genital Mutilation contrary to Section 24 as read with Section 29 of the Prohibition of
Female Genital Mutilation Act, Cap 62B.
218. Through concerted efforts of government and non - state actors including cultural
gatekeepers to combat FGM and GBV, the sustained campaign has contributed to the
decline of FGM. The positive outcomes can also be attributed to the National and
County Gender Based Violence Working groups which bring together state and nonstate actors implementing Anti-GBV programmes.
219. The campaign to end harmful practices including GBV has also enjoined men as
allies, advocates, role models and change agents against harmful practices leading to
the identification and training of 2,350 males in 22 FGM hot spot counties. The AntiFGM Board has also facilitate alternative rites of passage for the girls where 30,970
have been reached. Religious leaders and cultural elders have also been engaged in
the campaign against FGM and around 1,430 identified as champions and opinion
shapers.28
220. Some of the lessons learnt is that engagement of male cultural, religious and
political leaders as key stakeholders in the national action plan to end FGM. While
FGM declined (KDHS 2022), one in four women have undergone the cut.
221.
The government will continue to address the following:
(a) Deep-seated cultural and societal norms that hinder women's access to leadership
positions and continue to perpetuate harmful practices such as Female Genital
Mutilation (FGM) and contribute to the normalization of gender-based violence
(GBV);
28
ICPD, 2022/23 Report.
60
(b) Unequal care burden where women disproportionately shoulder unpaid care work,
limiting their time for education and productive work; and,
(c) Limited data on the impact of interventions for marginalized groups like women
with disabilities makes it difficult to assess their effectiveness and target support
appropriately.
ARTICLES 6 AND 7: RIGHTS RELATED TO MARRIAGE
Concluding Observations - Kenya should ensure that judicial and non-judicial
procedures that determine, in practice, the division of matrimonial property at the
dissolution of marriage are not discriminatory against women.
222. The rights within marriage as stipulated in the protocol have been incorporated in
the Constitution by guaranteeing equal rights in marriage and giving equal legal
recognition in marriages including polygamous marriages. Moreover, the Marriage Act,
2014, Matrimonial Property Act, 2013 establishes that ownership of matrimonial
property vests in the spouses according to the contribution of either spouse towards
its acquisition and shall be divided between the spouses if they divorce or their
marriage is otherwise dissolved.
Some of the recent jurisprudence include the case of JOO v MBO; Federation of
Women Lawyers (FIDA Kenya) & another (Amicus Curiae) the Supreme Court
elaborated that Article 45(3) acts as a means of providing for equality as at the time
of dissolution of marriage but such equality can only mean that each party is entitled
to their fair share of matrimonial property and no more. Further the court established
that equality does not mean the re-distribution of proprietary rights at the dissolution
of a marriage. Neither does that provision lead to the assumption that spouses are
automatically entitled to a 50% share by fact of being married.
223.
224. In another case, in 2024, the High Court in Nakuru awarded a women full
ownership rights to a commercial property she acquired during marriage. Ruling in
favour of the woman, the court granted her sole ownership of the property. The court
found out while the property was bought during her marriage, it was purchased
through her efforts and funds.
61
ARTICLE 14: HEALTH AND REPRODUCTIVE RIGHTS
Concluding Observations: Kenya should lift the reservation on Article 14(2) (c) of the
Maputo Protocol, since Article 26(4) of the Constitution permits abortion for the same
reasons as the above-mentioned Article.
225. Kenya recognizes the importance of providing equitable and affordable healthcare
at the highest affordable standards to all its citizens in accordance with the
Constitution of Kenya. Article 43 (1) (a). As indicated in the initial report, Kenya
maintains the reservation on Article 14 (c) of the Protocol. The grounds for abortion
as stipulated in the Protocol are not fully aligned with the provisions of Kenya’s
Constitution.
Concluding Observations: Enact a comprehensive Reproductive Health Bill to promote
and protect reproductive health rights at national and county levels.
226. The government has put in place various policy and legal frameworks aimed at
enhancing access to health services as a critical component of women’s
empowerment, hinged on the Constitutional right to the highest attainable standard
of health.
(a) National Reproductive Health Policy 2022-2032 which seeks to reduce unmet
family planning needs:
(b) Rationalize the provision of FP method mix and services; Decentralize FP service
delivery at all levels of health care as per set norms and standards, specifically
support informed initiation, correct use, refills and community distribution of selfcare family planning methods; Ensure the safety and positive care experience for
women and men accessing FP interventions; Mainstream HIV and STI prevention
in every FP intervention at all levels of healthcare and for all clients; and,
(c) Reduce the burden of reproductive tract infections (RTIs) and improved access to,
and quality services; Ensure that STI prevention and control approaches contribute
to HIV prevention.
227. The 6th edition of the National Family Planning Guidelines for Service Providers ,
place more emphasis on improving access to quality FP services. The guidelines
underline that reproductive and sexual health care, including FP information and
services, is not only a key intervention for improving the health of women, men and
children but also a human right.
62
228. The other insights are on the need to practice safer sex to reduce the risk for other
infections as well, including disclosure of HIV status to sexual partners and consistent
and correct condom use.
229. Kenya Health Policy (2014-2030) seeks to ensuring equity, people centeredness
and participatory approach, efficiency, multi-sectoral approach and social
accountability in delivery of health care services. The specific policy objective is to
provide essential healthcare and includes ensuring access to comprehensive maternal,
neonatal and reproductive health services.
230. Statistics indicate that 70% of sexually active unmarried women use any method
of family planning; 59% use a modern method. The percentage of married women
using modern contraceptives has steadily increased over time, from 32% in 2003 to
57% in 2022. Over the same period, the unmet need for family planning declined
from 27% to 14%. Total fertility rate has declined from 3.9% in 2014 to 3.4% in
2022.29 Percentage of people living with HIV who know their status - 96%.30
231.
Some of the best practices include the following:
(a) The government of Kenya has demonstrated its commitment to FP2030 through
several initiatives such as increasing the budget allocation for family planning
services, developing policies and guidelines to improve the quality of services and
strengthening partnerships with both the public and private sector;
(b) Has integrated family planning into its national health policies, including the
National Family Planning Costed Implementation Plan (2019-2024), which outlines
the government’s roadmap to enhance access to contraceptive services;
(c) The government has increased budget allocations for family planning initiatives.
For instance, in the 2021/2022 financial year, the government allocated
approximately KSh. 2 billion for family planning services;
(d) Use of Community Health Promoters to create awareness on the use of family
planning and other reproductive health issues;
(e) Use of community -based distributors of family planning to increase uptake of
family planning at community level;
(f) Use of the differentiated service deliver; HIV self-testing (HIVST); and,
(g) Persons who undergo HIV testing and are found to be positive are encouraged to
bring their partner(s) for HIV testing through index testing; partner/partner
notification.
29
30
(KDHS 2022)
UNAIDS - HIV, AIDS 2023 estimates
63
232. The government has continued to ensure that Universal Health Care (UHC)
information is now available to women in rural areas. This has been achieved through
outreaches services conducted in the community from link facility, continuous capacity
building of health care workers on the different components of maternal health to
improves quality of care. According to statistics, nearly all women (98%) age 15-49
with a live birth or still birth in the two
years before the survey received
antenatal care (ANC) from a skilled provider. Skilled birth attendance increased from
65% in 2014 – 88% in 2022.31
233. Overall, some of the gains achieved in reproductive health care countrywide can
also be attributed to implementation of the Linda Mama (Protect the mother)
Programme that was initiated in 2013. The programme, formerly Free Maternity
Services goal was to ‘achieve universal access to maternal and child health services
and contribute to the country's progress towards education of maternal and child
mortality. Furthermore, provisions of health services have been enhanced in different
counties due sustained resources averaging 30% of the total county budget.
234. The government recognizes that some of the challenges faced can be addressed
by exploring other avenues for sustained domestic financing to support family
planning program, procurement of family planning commodities and equipment, hiring
of human resource and to continuously capacity build the health care workers as well
as improving public private partnership to UHC.
ARTICLES 13, 15, 16 & 17: ECONOMIC, SOCIAL AND CULTURAL RIGHTS
ARTICLE 13: ECONOMIC AND SOCIAL WELFARE RIGHTS
Concluding Observations: Kenya should continue its efforts to strengthen the
economic and social development of women in the country.
235. The Constitution provides progressive measures of transforming the social and
economic structures making them more equitable based on the principles of
macroeconomic stability; continuity in governance reforms; enhanced equity and
wealth creation opportunities for the poor among others as set out in Kenya Vison
2030 as well as the Bottom-up Economic Transformation Agenda (BETA).
236. Kenya continues to strengthen economic and social development of women
through various interventions. This is through implementation of existing policies:
31
Ibid 25
64
National Policy on Gender and Development 2019, Eradication of Female Genital
Mutilation, 2019; the National Policy on Prevention of and Response to Gender Based
Violence, 2014 (Revised 2021); In the period under review, a draft National Care
Policy was developed as a framework for addressing care work aimed at recognizing,
reducing and redistributing care and domestic work in all contexts. The Women
Economic Empowerment Strategy (2021-2025) was also launched, as part of Kenya's
broader commitment to achieving the UN Sustainable Development Goals, particularly
Goal 5 on gender equality and empowerment of all women and girls.
237. The government has continued to improve the social welfare of women and girls
through the economic empowerment programmes. These are four (4) affirmative
action funds namely; Women Enterprise Fund, Uwezo Fund, Youth Enterprise
Development Fund and National Government Affirmative Action Fund. The number of
female beneficiaries more than doubled in the same period from 381, 000 to 920,000
in 2024. At the sub-national level, over 25 counties: Mombasa, Kwale, Kilifi, Tana
River, Lamu, Garissa, Wajir, Isiolo, Meru, Tharaka Nithi, Kitui, Makueni, Kirinyaga,
Kiambu, Turkana, Samburu, Transnzoia, Elgeyo Marakwet, Baringo, Bomet, Bungoma,
Migori and Kisii have also set up similar empowerment programmes.
238. On the legislative front, The Employment Act, 2007 Cap 225 (Rev 2022) prohibits
discrimination in employment. Sections 5 of Act is applicable to any worker including
women who may be in the labour market, which expects employers among other
things to; Promote equality of opportunity in employment in order to eliminate
discrimination in employment and; to discourage discrimination directly or indirectly,
against an employee or prospective employee or harass an employee or prospective
employee on grounds of race, colour, sex, language, religion, political or other opinion,
nationality, ethnic or social origin, disability. The Act also requires that an employer
shall pay his employees equal remuneration for work of equal value.
239. The Judiciary as one of the arms of the government is obligated to comply with
the two-thirds gender principle by promoting gender equality. Section 3(j) of the
Judicial Service Act Cap 8A (Revised 2023) requires the Judicial Service Commission
and Judiciary to promote gender equity. Section 10(2) of the Third Schedule of the
Judicial Service Act Cap 8A (Revised 2023) requires the Judicial Service Commission
to consider gender consideration in the recommendations of Candidates for
Appointments.
240. The Judiciary has made significant strides in the implementation of two-thirds
gender principle with the aspiration to attain (50:50) gender balance. As of 2021,
65
women held about 30% of all judicial positions. Advocacy efforts have been made to
close this gap towards achieving the two-thirds gender rule, including developing
mentorship programs for women judges and lawyers.
241. The Employment Act is also the principal statute which addresses sexual
harassment in the workplace. Towards this end, the Kenyan courts have given effect
to Section 6 of the Act by awarding victims of sexual harassment at the workplace
relatively significant damages.
242. In P O v Board of Trustees, A F & 2 others,32 the Environment and Labour Relations
Court, in finding that the Claimant had been sexually harassed, stated that sexual
harassment is a form of discrimination. Further the court found that the sexual
violence that the claimant had been subjected to and the subsequent termination of
her contract of employment amounted to inhuman and degrading treatment.
Ultimately the court awarded the claimant general damages of KES 3,000,000 for
sexual harassment, unfair and wrongful termination in addition to the other monetary
sums for dismissal without notice and one month’s pay for the month she was
terminated.
243. In the matter Ruth Wambui v. Kenya Commercial Bank Limited, 33 a female
employee alleged harassment by a superior at KCB bank. The court ruled in favour of
the employee, emphasising the need for organisations to maintain robust policies
against sexual harassment – this case established a precedent for future disputes
involving wrongful termination, emphasising that adherence to fair procedures is
essential in employment relationships.
244. Regarding Persons with disabilities, the National Council for Persons with
Disabilities (NCPWD) Career Portal, has continued to register qualified persons with
disabilities seeking employment and linking them to potential employers. The portal
has so far registered over 5,000 persons seeking employment and 400 employers.
245. Under Kenya’s Long-Term Development Blueprint, Vision 2030 and its MediumTerm Plans, youth, women and persons living with disabilities have been empowered
through Affirmative Action funds such as Youth Enterprise Development Fund (YEDF),
Uwezo Fund, Women Enterprise Fund (WEF) and National Government Affirmative
Action Fund (NGAAF) and reservation of at least thirty percent (30%) of the
32
33
[2014] eKLR
[2022] eKLR
66
Government tenders through the Access to Government Procurement Opportunities
(AGPO) initiative.
246. Thamini Fund under the Women Enterprise Fund is a special loan product that was
introduced for widows in 2021 during the COVID 19 pandemic. It was disbursed
through widow led groups as a group-based loan facility to provide widows equal
opportunity to access interest free loans.
247. The Government of Kenya recognizes that Self Help Groups (SHGs) and
Community Based Organizations are core to the empowerment of women. Towards
this end, the number of registered groups has increased to over 225,000 thus
facilitating uptake of the government affirmative funds.
248. The National Council for Persons with Disabilities (NCPWD) has continued to
implement key programs that empower women with disabilities and their community
by providing grants to finance their economic activities. These (SHGs) are formed by
caregivers or by women with disabilities and are inclusive of men with disabilities,
ensuring a comprehensive approach to empowerment and support.
249. On taxation laws, individuals earning monthly income below KES 24,000 are
exempted from paying personal income tax. The Persons with Disabilities (Income
Tax Deductions and Exemptions) Order 2010 grants Income Tax Exemption for
persons with disabilities on all remuneration gained from employment plus other types
of taxable income under certification of the Kenya Revenue Authority (KRA). The order
provides that persons with disabilities who are in receipt of an income may apply to
the Cabinet Secretary responsible for Finance for exemption from income tax and any
other levies on such income.
250. The government is also implementing the social protection, the Social Protection
Policy which among other things seeks to:
(a) Combine protective, preventive and promotional (including labour activation)
measures, benefits and services;
(b) Promote productive economic activities, including for informal workers, while
fostering the formalization of labour;
(c) Ensure coordination and coherence with other policies that enhance formal
employment, income generation, education literacy, vocational training, skills, and
employability; and,
67
(d) Promote secure work, entrepreneurship, and sustainable enterprises within a
decent work framework.
251. On Child protection, the Children’s Act, 2022 among other laws protect the rights
and welfare of children. The Government has also undertaken the following measures:
(a) Developed Child Protection in Emergency Guidelines (CPiE) to support the
coordination and supervision, of issues affecting children such as defilement, child
labour, child trafficking and separation from families, amongst others in times of
emergencies;
(b) Established Child Protection Centres (CPCs) to provide comprehensive services to
victims of child abuse;
(c) Established twenty-three (23) Child Protection Units to handle cases involving
children separately;
(d) Established a Child Protection Information Management System (CPIMS) to
capture disaggregated data into thirty-six (36) different case categories including
sex, disability, geographical location, family earning and parental status. The
system has been rolled out in forty-seven (47) counties and is available through
an open public portal access on childprotection.co.ke.
(e) Establishment of the toll free 24-hour Child Help Line 116 and 1195. Public
awareness has been conducted on its existence;
(f) To further safeguard children, the Judiciary in Kenya ensures children matters are
heard in the court chambers or in camera and prohibits participation of the public
or press; and,
(g) Developed and launched an evidence-based gender transformative National
Positive Parenting Programme in 2023. This Programme supports parents and
caregivers and strengthens their capacity specifically their parenting knowledge,
attitudes, skills, beliefs, behaviours and practices for the holistic development of
children in Kenya.
ARTICLE 15: RIGHT TO FOOD SECURITY
252. The Constitution stipulates that: ‘every person has the right to be free from hunger
and to have adequate food of acceptable quality’. The government continues to
undertake measures to provide women with means of producing nutritious food
through various policies and programs that include the following:
(a) Agricultural Soil Management Policy, 2023 which recognizes that gender-based
inequalities constrain agricultural growth and poverty reduction measures. The
Policy therefore promotes appropriate gender friendly agricultural soil
management technologies, developing capacity of women in agricultural soil
68
management and promotion of affordable and innovative products and packages
in agricultural soil management for women;
(b) National Agricultural Mechanization Policy, 2024 promotes the development of
gender sensitive agricultural mechanization technologies suitable to women;
(c) Kenya Agricultural Sector Extension Policy (KASEP) 2023 which seeks to
strengthen extension services that are gender sensitive, promoting social
inclusivity in agricultural extension, development and dissemination of gendersensitive technologies and intervention;
(d) Agricultural Policy 2021, which recognizes agriculture extension and advisory
services as an important avenue of sharing knowledge, technologies, and
agricultural information and as a link between producers and other actors in the
economy. The policy outlines the need for gender mainstreaming in provision of
these services; and,
(e) Kenya Agri-Nutrition Implementation Strategy (2020-2025) among other
objectives seeks the strategy is to increase availability, access and consumption of
safe, diverse, and nutritious foods through agricultural production which results in
increased diverse food availability at the household level, increased income, and
women empowerment to engage in viable nutrition-sensitive agriculture through
gender-balanced approaches.
253. Implementation of various promising programmes that support women at boosting
food security include:
a) Small Scale Irrigation and Value Addition Project and Drought Resilience and
Sustainable Livelihoods has supported 213,000 farmers to establish kitchen
gardens thus enhancing food security and nutrition;
b) Kenya Climate Smart Agriculture Project has supported research and developed
women friendly technologies and innovations. IT also supported 423,284
women with micro projects to enhance productivity, nutrition and livelihood
diversification;
c) Kenya Livestock Commercialization Project that is transforming rural livelihoods
by supporting 110,000 women and youth from poor livestock and pastoral
households with poultry, sheep, goats and beekeeping projects;
d) Kenya Cereal Enhancement program- climate resilient agricultural livelihoods
window which has supported 3,728 women farmers with agricultural inputs,
technologies and services through the electronic voucher system to boost
sustainable food production;
e) The One Million Kitchen Garden Initiative implemented from 2020 has
supported women to produce vegetables using appropriate technologies
ensuring supply throughout the year;
69
f) The National Government and County governments have invested in
improvement of local markets infrastructure for proper handling and marketing
of nutritious foods including at grassroots level;
g) Establishment of Crèches at the markets to support women traders with childcare services; and,
h) At the sub-national level, in Kirinyaga County, the Wezesha Economic
Empowerment Programme focuses on diversification of agricultural activities
aimed at increasing household incomes. The program supports farmer’s
groups. Majority of whom are women. Within the same counties, farmers
SACCO’s have been established in every ward to provide savings and loan
facilities to farmers.
254. The government is also implementing policies and legislation aimed at ensuring
access to clean drinking water. These include the Kenyan Water Act of 2016 and
Sessional Paper No. 1 of 2021 on National Water Policy as well as National Water
Master Plan 2030.
255. According to the KDHS, 2022, Seven (7) in every ten (10) citizens (68%) have
access to safe drinking water. However, approximately 31.6 per cent of the
population uses unimproved drinking water sources. A higher number (91%) of the
urban population have access to improved drinking water sources, while (56%) of
the rural population has access to improved drinking water sources. Despite the
infrastructural progress in improving water access, only 33 per cent households have
access to piped water.
256. On domestic fuel, the Kenya Energy Transition and Investment Plan (2023-2050)
outlines how the country is to transition to clean energy including clean cooking.
Some of these strategies include promotion of LPG, electric cooking, solar, improved
cooking stoves, biogas and bio ethanol production and utilization. On Farm Forestry
and Agroforestry, also supports availability of domestic fuel for food preparation that
is easily accessible to women at household level.
257. Kenya has not attained self-sufficiency in food production due to some factors such
as frequent droughts, floods and other climate change related challenges such as
increased pests and diseases resulting in fluctuations in food production from both
animal and plant sources. To address these challenges, the state will seek to enhance
more targeted subsidy support to women farmers, undertake continuous research
and provision of women friendly technologies and equipment to reduce workload and
enhance food production.
258. Regarding land, various related laws that continue to be implemented include: The
National Land Commission Act, Cap 281, The Land Act, Cap 280 The Land
70
Registration Act, Cap 300 among others. According to the KDHS, 2022, 5% of women
own agricultural land, only 7% of women own non-agricultural land while 62% of
women do not have a title deed for the agricultural land they own.
259. Some challenges experienced have to do with increased population which exerts
pressure on available water sources, land fragmentation for real estate infringing on
land available for agriculture.
ARTICLE 16: RIGHT TO ADEQUATE HOUSING
Concluding Observations: Kenya should give special attention to women in its policies
and initiatives to implement the right to housing in the country, as well as in the context
of evictions and demolitions of homes.
260.
The policy and legislative measure undertaken towards the realization of the
rights of women to adequate house include:
a) National Housing Policy (Sessional Paper No. 3 of 2016). The Policy, among other
objectives recognizes that vulnerable groups include the poor, women, children,
and persons with disabilities in difficult circumstances, the handicapped, the elderly
and the displaced persons;
b) The National Slum Upgrading policy -Policy Statement No. 33 seeks to promote
human rights mechanisms when enforcing evictions in slums and informal
settlements;
c) Appropriate legislative measures undertaken on adequate housing within this
period include the following; Affordable Housing Act, 2024. Section 49 (3) of the
Act mandates the Affordable Housing Board to prioritize marginalized persons,
vulnerable groups, women, youth and persons with disabilities when determining
allocations for affordable housing units; and,
d) Affordable Housing Regulations, 2025 were adopted in July 2025. Section 11 (a)
of the Regulations obligate the Affordable Housing Board to ensure there is
equitable access to diverse groups and persons in the construction, allocation,
management and maintenance of the affordable housing projects.
261. According to the Kenya Demographic and Health Survey, 2022, thirty-three
percent of women aged 15-49 own a house. 5% do so alone and 28% own it jointly
with their spouse or partner or someone else. Among women who own a house, only
9% have a title deed or any other government-recognized document with their name
on it; 73% do not have a title deed or any other government-recognized document.
House ownership increases with age and is highest among women age 45–49 (63%).
Women in rural areas (44%) are more likely to own a house than women in urban
71
areas (17%), although women in urban areas are much more likely to have a title
deed for the house they own than women in rural areas. House ownership among
women increases with increasing wealth. Three percent of women in the lowest
wealth quintile own a house and have their name on the ownership documents, as
compared with 29% of women in the highest wealth quintile.34
262. According to the Kenya Country Report on Progress in the Implementation of the
New Urban Agenda, the Government of Kenya through the Affordable Housing
programme has supported supply of housing units by Private Investors and 64% of
Affordable Housing Project units have been sold to women including individual or
joint ownership agreements.35
263. Affordable Housing Programme targeting 200,000 houses annually, a priority
project in the Government Bottom-up Economic Transformation Agenda. The
programme aims to facilitate production of affordable housing units and to improve
the lives of people living in informal settlements- By December 2023, approximately
605 houses had been constructed with 45,512 houses are under construction. 36
Citizens can apply for affordable housing through the ‘Boma Yangu’ online platform.37
264. Kenya Informal Settlements Improvement Programme which aims to enhance
access to basic services and improve tenure security in urban informal settlements in
Kenya.
265. Establishment of Kenya Mortgage Refinance Company (KMRC) to support end user
financing of Affordable Housing. This is an initiative of The National Treasury and
World Bank that was established in 2019 to support the affordable housing agenda
by providing secure, long-term loans to primary mortgage lenders including banks,
microfinance banks and SACCOs to make mortgages cheaper for Kenyans. Studies
show that men account for approximately 60 - 70% of mortgage borrowers. Women's
access to mortgage financing is lower, often attributed to lower average incomes,
limited property ownership, and lack of collateral. Some reports indicate that women
make up 30 - 40% of mortgage borrowers. However, these numbers vary significantly
by region and urban versus rural populations.
34
page 73- https://dhsprogram.com/pubs/pdf/PR143/PR143.pdf.
page41) https://housingandurban.go.ke/wp-content/uploads/2022/04/Kenya-New-Agenda-Report-Final.pdf
36
Kenya’s Third Voluntary National Review report on the Implementation of the Sustainable Development Goals,
available at page 81
37
https://www.bomayangu.go.ke/
35
72
266. Adoption of Appropriate Building Materials and Technology (ABMT) which refers
to processes, materials, elements and tools that are compatible with the local sociocultural, economic as well as physical and ecological environment of an area.
Essentially, the materials should be affordable, innovative, safe, environmentally
friendly and with significant socio-economic multipliers. To address poverty,
unemployment and affordability challenges among low- and middle-income
communities, ABMT should ideally be decentralized, locally controlled, peoplecentred, labour-intensive, cost-effective and sustainable.
267. Promotion of the use of Interlocking Stabilized Soil Blocks (ISSB) technology due
to its high appropriateness, local availability of soils, small scale application and
potential to address poverty and housing affordability challenges facing most
Kenyans. When properly utilized, ISSB technology has the potential to reduce
construction costs by up to 50%, create sustainable employment, transfer skills,
conserve the environment and raise living standards.
268. Some of the challenges faced in housing are associated with high cost of housing
and infrastructure development compared to available funding. Inadequate gender
disaggregated data on home ownership, cultural stereotypes about women’s rights
to acquire, own and inherit land and property continue to persist and delay in
processing of land allocation/ownership documents.
269. The State seeks to address these challenges by exploring alternative sources of
funding to supplement exchequer such as Public Private Partnerships (PPPs) and Joint
Ventures in project financing. By doing so, the risks associated with dependency on
exchequer funding will reduce.
ARTICLE 17: RIGHT TO POSITIVE CULTURAL CONTEXT
270. The right to positive cultural context is recognized in the constitution which states
that culture is the foundation of the nation and as the cumulative civilization of the
Kenyan people and nation. The Kenya Vision 2030 and the Governments Bottom-Up
Economic Transformation Agenda and Fourth Medium Term Plan, accordingly, seek
to build a just and a cohesive society with social equity in a clean and secure
environment as outlined in pillar for the culture, arts and heritage sub-sector.
271. The rights continue to be realized through implementation of various laws, policies
and programmes.
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a) Kenya Cultural Centre Act, Cap 218- established institutional frameworks for
coordination and promotion of cultural preservation;
b) National Museum of Kenya Act, Cap 216 - designed to especially apply to
archaeology and palaeontology heritage, monuments and architectural works,
tangible cultural sites, and natural heritage, and is silent on other forms of
cultural heritage such as intangible cultural heritage and cultural intellectual
property;
c) Films and Stage Plays Act, Cap 222 regulates the production, distribution, and
exhibition of films and stage plays in Kenya. It sets standards for content,
censorship, and licensing within the film and theatre industry;
d) Kenya Heroes Act, Cap 216B honours individuals who have made significant
contributions to the nation’s development, history, and culture.
recognized in several categories:
i. National Heroes: who have contributed significantly to the liberation,
independence, and development of Kenya;
ii. Local Heroes: who have made notable contributions at the community
level, often in fields such as education, health, and social justice; and,
iii. Heroes of the Struggle for Independence: who played crucial roles during
the fight for independence and freedom.
e) Protection of Traditional Knowledge and Traditional Cultural Expressions Act, Cap
218A aims to protect the traditional knowledge and cultural expressions of
indigenous communities in Kenya.
272. Some of the strategies which the government has put in place to promote cultural
preservation are establishment of cultural hubs which, include community culture
centres, national art gallery cultural centres, art galleries at counties and art and craft
markets such as Utamaduni craft, Maasai market, City market all in Nairobi and
Mombasa curio market; and organizing conferences, music festivals and exhibitions
for culture such, as cultural festivals.
273. Since the adoption of the Kenya Constitution 2010, some communities have realized
important benefits that include:
a) Inspiring cultural activism among minority, indigenous and marginalized
communities. This has increasingly amplified the voices of these groups to
challenge the excesses of the state, county governments and the private sector.
For example: in 2017, the Ogiek Community from Mau Forest successfully
petitioned the Kenyan government at the African Court of Human and Political
Rights (ACHPR). Their key arguments were hinged on claim of reparation for
displacement from their ancestral habitats, which was an abuse of their socialcultural and livelihood rights;
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b) Facilitating an interface between the culture experts, cultural practitioners and
communities to co-design and implement protection, preservation, and
promotional activities to meet the sociocultural and economic needs of
communities;
c) Providing safe spaces for communities to discuss ethnic differences, especially in
multi-ethnic settings. For example, in Lamu County, the numerous cultural festivals
have brought together diverse communities to celebrate and showcase their
cultural heritage and works of art;
d) Catalysing transformational change by providing tools for social mobilization for
imparting new knowledge, promoting attitudinal change and adoption of best
practices for empowerment of communities. For example, cultural heritage events
and activities have platforms for human rights organizations and community-based
groups to challenge the state against excesses such as extra judicial action in the
fight against extremism and terrorism;
e) Contributing to revenue growth and investments in the counties; and,
f) There are best practices in the promotion of positive culture in Kenya, described
such as Ushanga initiative which seeks to transform the traditional ornamental
bead making by rural women from pastoral communities into a viable enterprise
both at the national and international markets.
274. There is increased participation of the youth in the space of interface between
culture, heritage, and technology. This can largely be attributed to the fact that
technology is not only attractive to the young generation but also connects well when
it provides a platform to transmit aspects of culture and heritage that appeal to both
cognitive and affective dimensions of the youth.
ARTICLE 18: RIGHT TO A HEALTHY AND SUSTAINABLE ENVIRONMENT
275. The Constitution confers a right to every person, living in Kenya including women,
the right to a clean and healthy environment (Article 42). Reports by Local NGOs
such as the Green Belt Movement and WWF Kenya highlight successful projects
where women constitute a minimum of 40% of participants in local conservation
efforts, including forest management and wildlife conservation. Case studies
conducted on Community Forest Associations (CFAs) show that women’s
representation can reach up to 60% in some areas: areas with active women’s groups
and support from NGOs tend to have higher representation, as compared to regions
with traditional patriarchal structures.
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276. The Kenya Solar Market Survey (2021) reported growth in solar home systems and
mini grids, supported by government incentives and partnerships with NGOs.
Similarly, research into biogas production and waste-to-energy technologies has
gained traction, addressing energy needs and waste management issues. Several
local universities have collaborated with international research institutions to advance
studies in renewable energy technologies, focusing on developing biogas systems,
exploring new biomass technologies, and improving efficiency in solar panels.
277. The Kenyan startup ecosystem has seen the emergence of companies focused on
clean energy solutions, such as solar energy providers and biogas developers.
Notable influencers include M-KOPA, which offers solar home systems on a pay-asyou-go basis, and Solar Africa, providing solar solutions for businesses.
278. The Kenya Industrial Research and Development Institute (KIRDI) has been active
in researching appropriate technologies for renewable energy, focusing on local
manufacturing and sustainable energy solutions tailored to Kenyan needs. Kenya has
received funding from international organisations, such as the World Bank and Green
Climate Fund, to support renewable energy projects such as promoting clean energy
technologies. Local and international banks offer green financing options,
encouraging investments in renewable energy projects – including loans tailored for
clean technology, energy efficiency upgrades, and solar installations.
279. The Government has taken certain measures to improve on waste management
and safe disposal by revising the Sustainable Waste Management Act in 2022, as well
as development of various Regulations such as: Environmental Management and
Coordination (Waste Management) Regulations, 2023. Furthermore, Municipal
authorities in urban areas have regulated waste disposal by licensing pre-qualified
waste collectors who collect domestics waste from households and safely dispose of
it in designated dumping sites.
ARTICLE 19: RIGHT TO SUSTAINABLE DEVELOPMENT INCLUDING THE RIGHT TO
PROPERTY; ACCESS TO LAND AND CREDIT
280.
The information is covered under other articles in this report.
ARTICLE 10: THE RIGHT TO PEACE
Concluding Observations: In light of all the efforts aiming to promote social
development in the country, including for women, Kenya should consider lifting the
reservation on Article 10-3 of the Maputo Protocol.
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281. Kenya maintains its reservations on Article 10-3 of the Protocol requiring States
Parties to take the necessary measures to reduce military expenditure significantly in
favour of spending on social development in general, and the promotion of women
in particular. That notwithstanding, the following measures have been taken:
a) Legislative Measures and Judicial Measures: Kenya has ratified the Geneva
Conventions and Protocols which are part of International Humanitarian Law
that protect the rights of women, children and non-combatants thus ensures
the inclusion of social protection services such as outreach programs during
conflict;
b) Administrative Measures: Kenya is actively involved in peacekeeping operations
in the region including AMISOM and the Democratic Republic of Congo.
Therefore, although the military expenditure is classified, these activities
demonstrate the need for increased military budget;
c) Collaborative Measures: In November 2022, Kenya committed to preventing
Sexual Violence in Conflict Situations in collaboration with the British Army. In
addition, Kenya has several Defence Cooperation Agreements aimed at tackling
shared threats such as terrorism. During joint training, communities are
assisted with projects and other technical support such as engineering projects,
water drilling among others; and,
d) Policy and Programmes: Kenya further continues to implement various policies
which emphasize the promotion of implementation of the 2nd Kenya National
Action Plan on UN Security Council Resolution 1325 on Women, Peace and
Security and related resolutions. Various county governments are also
supporting implementation of specific action plans on UNSCR 1325 in their
regions.
282. As reported in the initial report, Kenya’s initiatives on peace are anchored on the
constitutional values of gender equality, inclusion and participation and aligned to
the Sustainable Development Goals in particular Goal 5 on gender equality and 16
which seek to promote peaceful and inclusive societies for sustainable peace and
development as well as the principles of article 10 of the protocol.
283. During the period under review, implementation of the UNSCR 1325 on women,
peace and security, has been progressing. The Government of Kenya in collaboration
with other stakeholders is currently implementing the Second-Generation National
Action Plan on Women Peace and Security on the UNSCR 1325 (KNAP II) which builds
on the first KNAP of 2016. The second (KNAP II (2020-2024) focuses on localization
of women, peace and security at the county and community levels while contributing
to the Sustainable Development Goals (SDG) five, on Gender Equality and 16 on
Peace, Justice and Building Strong Institutions. The plan highlights the role women
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play in advancing peace and security and the vulnerability and mitigation strategies
through its robust pillars (Participation, Protection, Prevention, Relief and Recovery)
implementation structure and coordination mechanism.
284. Eight County Action Plans have been developed in Baringo, Kwale, Mandera,
Marsabit, Mombasa, Kitui, Kilifi and Samburu while Turkana and Garissa are in the
drafting phase. These plans indicates that they are tailored to the County and the
proposed interventions are relevant to the context and needs. Samburu, for example,
has outlined the challenges which include local conflicts which have led to the
displacement of people with the youth and security actors being the most vulnerable.
285. Appropriate measures have also been taken to ensure women take part in national,
regional and international peace building processes. Notably, as at 30 th April 2023,
out of the 423 UN peacekeeping personnel, that Kenya has contributed, 16.8% are
female ranking the country 41st in the world. The majority of Kenya’s peacekeeping
personnel are deployed to the United Nations Organization Stabilization Mission in
the Democratic Republic of the Congo (MONUSCO).
286. There is significant presence of women in the military and security sector with their
appointment in critical positions which include; The National Security Advisor, Major
General and Commander of the Kenya Airforce, Chief of Strategic Communications
at Defence Headquarters, Chief of Legal Service at Defence Headquarters, Director
of the International Peace Support Training Centre, Director of Examinations at the
National Defence University-Kenya among other key dockets.
287. More importantly the Ministry of Defence stands out as one of the best examples
in the KNAP I and II implementation by combining policy actions and administrative
changes in its organizational structure. The Ministry developed a gender policy and
initiated administrative reforms that opened space for the inclusion of women at
senior levels:
a) The number of female recruits/Cadets, increased from 321 in 2018 to 807 in 2021
while five (5) female officers were deployed into senior international leadership
roles, thus strengthening the linkages between national and international
leadership;
b) More women officers were accorded senior leadership training opportunities in
2020 while fourteen (14) female officers attended senior leadership courses, up
from five (5) in 2019; and,
c) In addition to the inclusion of women in decision-making, the Ministry partnered
with the National Drought Management Authority to offer alternative means of
livelihood to pastoralist communities in northern Kenya. It is the only government
actor that has been reporting on KNAP II achievements.
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288. The Government recognizes the importance of increased participation of women
in programmes for peace in building a culture of peace. Kenya’s educational system
known as the Competency Based Curriculum (CBC) aims to ensure that all learners
acquire the knowledge and skills needed to promote sustainable development
including peace education that encourages nonviolence and global awareness. An
Advocacy initiative introduced in all the 47 counties aims at promoting peace through
the relay peace torch. Additionally, in the interest of promoting appreciation of
diversity, peaceful coexistence and dispute resolutions among students, Amani
(Peace) Clubs have been established in over 621 schools and some of the
achievements include, translation of National Anthem to local languages.
289. Kisumu County has been working to enhance the prevention of conflict and all
forms of violence against women, girls, and vulnerable groups, through gendersensitive institutions, structural and social institutions. The active use of the Gender
Sector Working Group as a collective to support the prevention of violence in Kisumu
has largely contributed to these efforts. Through this mechanism, the County has
developed a Gender-Based Violence Policy, established safe houses for women and
girls and strengthening of women-led structures at the grassroots.
290. In Samburu, the County has demonstrated the value of partnerships in driving the
peace agenda through efficient through strategic collaboration between the national
and county government and non-state actors. The number of women joining the
county budget cafes because of their involvement in the budget making process.
Additionally, action plans on GRB, and GBV prevention and response have been
incorporated in the County Integrated Development Plans (CIDP) and Annual
Development Plan of the county.
291. Some of the challenges and lessons learnt include the following:
a) Peace initiatives through the education curriculum need to be supported by sector
wide interventions that address issues of peace and conflict;
b) The dynamic nature of conflict calls for continuous change in the approaches
used. Since 2008 the programme has mainly been preoccupied with addressing
inter-community conflicts but currently it is also engaged in countering violent
extremism initiatives; and,
c) Children and young people have powerful messages on peace that need to be
given expression.
292. At both local and national levels, women’s representation in peace committees
generally is targeted to reach at least 30 per cent, on the basis of gender inclusivity.
In many counties, efforts have been made to ensure women comprise 40-50% of
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peace committee members, particularly in areas affected by conflict. Key peace
networks in Kenya include: County Peace Committees, Inter-Community Peace
Committees, and Youth Peace Networks.
ARTICLE 11: PROTECTION OF WOMEN IN ARMED CONFLICTS
293. Kenya subscribes to major conventions that relate to the protection of women in
armed conflict. Kenya has continued to internally experience disturbance through
communal conflicts that are driven by various factors: competition for natural
resources, manipulation of political and ethnic identities especially during election
periods; unresolved historical grievances touching on marginalisation of communities
including terrorism related to the existence of extremist militia groups.
294. Kenya has taken measures to strengthen the capacity of security sector institutions
on human rights and prevention of sexual and gender-based violence and sexual
exploitation and abuse. The Government continues to work in collaboration with the
International Peace Support Training Centre to support the training of military, the
police and civilians on prevention of conflict related SGBV.
295. The Centre collaborates with various organisations, including local NGOs,
government bodies, and the United Nations, to reach a broader audience. Between
2020-2023, the emphasis has been on integrating gender perspectives into
peacekeeping and security operations. Training sessions include 50-100 participants
per course, with the aim of creating a multiplier effect, where trained personnel can
further educate their peers and communities about SGBV prevention.
296. Kenya has no Child Soldiers. Prevention measures are in place through the relevant
legislation and policies and elaborate statutory structures such as domestication of
the African Charter on the Rights and Welfare of the Child though enactment and
enforcement of the Children’s’ Act, 2001 (rev.2022). Recruitment into the army in
Kenya is restricted to those 18 years old and above.
297. Challenges to be addressed include the following:
a) Inadequate and inconsistent funding for Grassroots organizations working on
women’s local-level peacebuilding;
b) Ensuring women with disabilities in situations of armed conflict are adequately
taken into consideration in policy and programming;
c) Inadequate presence of women at high levels of security structures of decision
making to inform inclusiveness;
d) Digital threats are on the rise and have increased the spread of hate speech,
misinformation about conflict prevention; and,
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e) Poverty and inequality results in increased exposure to insecurity and the risk of
experiencing violence and increases women’s isolation, weakening their social
networks hindering participation.
ARTICLES 20, 21, 22, 23, & 24 - RIGHTS OF SPECIALLY PROTECTED WOMEN’S
GROUPS
298. The rights, needs and aspirations of special interest groups including widows are
recognized and respected in the constitution. Article 56 provides that the state should
put in place affirmative action programmes designed to ensure that minorities and
marginalised groups participate and are represented in governance and other
spheres of life; are provided special opportunities in education and economic fields;
are provided special opportunities for access to education; develop their cultural
values, languages and practices; and have reasonable access to water, health
services and infrastructure. Article 100 advocates for promotion of representation of
marginalized groups. The article states that parliament shall enact legislation to
promote the representation in parliament of women; Persons with disabilities; youth;
ethnic and other minorities; and marginalised communities.
ARTICLES 20 – 21 WIDOWS RIGHTS INCLUDING INHERITANCE
Concluding Observations - Kenya should adopt measures to adequately protect the
rights of widows, in line with the Maputo Protocol, especially those married under
customary law and widows subject to cleansing in some rural areas
299. Appropriate legislative measures have been taken through The Law of Succession
Section 29 which provides for the protection of a widow whether she was married,
separated or divorced upon the death of the spouse. The Protection Against Domestic
Violence Act 2015 establishes forced wife inheritance and widow cleansing as an
offense in Section 3 of the Act. Additionally, registration of customary marriages in
Kenya is governed by the Marriage (Customary Marriage) Rules, 2017, under the
Marriage Act, 2014. These rules were effected on the 9th June 2017. This Notice
made it compulsory to have all customary marriages registered giving further
protections for women in customary marriages by bringing their relations into the
purview of the law.
300. According to reports from the Kenya National Bureau of Statistics (KNBS), there
has been an increase in the registration of customary marriages due to various
campaigns aimed at promoting legal recognition and the benefits that come with it.
Registration varies by region – with urban areas showing higher registration
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compared to rural areas, where traditional practices are more deeply rooted. The
Ministry of Interior and Coordination of National Government reported that in 2022,
about 30,000 customary marriages were officially registered. The 2022 Kenya
Demographic and Health Survey (KDHS) also indicates that 43% of women aged 1549 reported being in a marriage or union, with a significant proportion being
customary marriages. Further, a survey conducted by the Institute of Economic
Affairs in 2020 found that registration of customary marriages rose by 25% from
2015 to 2020. Additionally, the 2019 Kenya Population and Housing Census (KPHC)
indicated that approximately 60% of marriages in Kenya were customary.
301. The government has also put in place programmes and initiatives that embrace
the experiences faced by widows especially in addressing discrimination, loss of
property and lack of access to justice. As part of the Government affirmative action
funds, such as the Uwezo Fund and the Women Enterprise Fund, the government
provides for extended loan repayment periods which are favourable for widows
whose businesses may be affected by the loss of a partner. Under the Women
Enterprise Fund, a special loan product for widows dubbed ‘Thamini’ was introduced
in 2021.
302. Civil Society Organizations are also contributing to the widow’s development
agenda in the country. For example, Come Together Widows and Orphans and the
Federation of Women Lawyers Kenya (FIDA-K) have championed widows’ rights
through: economic empowerment programmes and enabling widows to access
funding for businesses, capacity building on table banking and promoting savings for
sustainability. Widows have also been sensitized on their rights including inheritance
rights; provision of legal support and enlightening widows on self-representation.
ARTICLE 22: ELDERLY WOMEN
303. The Constitution of Kenya recognizes older persons as distinct rights holders and
obligates the State to take measures to ensure their rights are recognized; they
participate in the affairs of the society; pursue their personal development; live in
dignity and respect; are free from abuse; and receive reasonable care and assistance
from their families and the State.
304. The following measures have been taken during the period under review:
a) The Older Persons Bill is in the process of finalization and upon enaction, will
give effect to Article 57 of the Constitution and provide for the care and
protection older persons in Kenya;
b) Other measures include implementation of the National Policy on Older Persons
and Ageing (2018). Towards this end a major expansion of the Older Persons
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Cash Transfer was undertaken, leading to the number of beneficiary households
covered in all constituencies in Kenya. By 2023, approximately 1.3 million older
persons were enrolled in the Inua Jamii program. Recent data indicates that
about 60% of the beneficiaries are women approximately (780,000) while
520,000 are men, reflecting the demographic trend where women often live
longer than men; and,
c) Launch of the Kirinyaga County Rescue Centre for Older Persons in June 2021.
The Centre has a capacity for 50 vulnerable older persons rescued from
incidences of either abuse, neglect or abandonment in need of care, support and
protection.
305. Some of the challenges being addressed for the realization of these rights include:
Systemic discrimination based on age. Employment barriers, old age poverty,
Insecurity, Neglect, Property dispute and land scarcity, Loneliness among others.
ARTICLE 23: WOMEN WITH DISABILITIES
306. Implementation of the National Policy for Persons with Disabilities focuses on
inclusion of persons living with disabilities in Kenya. Within the public service.
interventions continue to be undertaken within the framework of the Disability Policy
and Guidelines for the Public Service (2018). A National Plan of Action on the Rights
of Persons with Disabilities 2015-2022 has also been developed.
307. Some of the initiatives undertaken within the context of the Persons with
Disabilities Plan of Action include the following:
a) Provision of Start-up capital to 360 beneficiaries, including women, to finance their
own enterprises. Tools of the trade supplied to 1,000 skilled persons with
disabilities to help them start their businesses;
b) Financing Local Purchase Order (LPO) to 13 enterprises to conduct business with
government agencies through the Access to Government Procurement
Opportunities (AGPO);
c) Availability of Sign language interpreters in public institutions. Government
continued to train essential government staff on basic sign language to assist as
interpreters at institutional levels. The National Council for Persons with Disabilities
(NCPWD) has trained 3,500 individuals in basic sign language to bridge the
communication gap and assist persons with disabilities in using sign language
including women;
d) Financial literacy for women with disabilities by supporting economic
empowerment programs, which include providing business toolkits and offering
capacity-building workshops;
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e) The NCPWD has awarded grants to 600 self-help groups, during financial year
2023/2024 including those led by women with disabilities. These grants support
the advancement of joint projects with a particular focus on improving the
economic opportunities for women with disabilities.
f) Support has been provided to 57,878 individuals with severe disabilities through
the cash transfer program. This program is designed for those who require 24hour care and often involves their caregivers. Given the severity of their disabilities,
these individuals are generally unable to engage in socio-economic activities
independently;
g) Over 1,000 young girls with disabilities have been supported in their education and
training. Additionally, scholarships have been provided to 458 children from
vulnerable families headed by persons with disabilities;
h) To enhance the mobility and independence of women with disabilities, the Council
has distributed a range of mobility devices to 4,621 persons with disabilities,
including 2,200 women. These devices help increase independence, promote
privacy, reduce gender-based violence, and improve access to opportunities for
women with disabilities; and,
i) A Career Portal has been established at the NCPWD where the Government has
continued to register qualified persons with disabilities seeking employment and
linking them to potential employers. The main goal of the portal is to provide equal
career development to persons with disabilities. The portal has so far registered
over 5,000 persons with disabilities and 400 employers.
308. The government identifies the following challenges that will continue to be
addressed:
a) Obstacles in accessing economic empowerment due to stigma and discrimination
due to limited information on available government opportunities, such as the
Affirmative Action Fund for Persons with Disabilities (AGPO);
b) Inadequate specialized mobility devices and inaccessible built environments that
further impedes their ability to seize opportunities; and,
c) women with mental challenges, autism, acute cerebral palsy, down’s syndrome
and other developmental related disabilities, often face difficulties accessing
economic opportunities due to the nature of their disability. As a result, they
frequently depend on caregivers or carers, as they may struggle to make
independent decisions or engage in economic activities on their own.
309. The government will therefore seek to address the challenges by enhancing
awareness and information dissemination; improve accessibility and inclusivity;
expand availability of assistive devices and services to ward levels of the county
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administration; support sign language and communication services; empower women
with mental challenges, autism, cerebral palsy, down syndrome and other
developmental related disabilities; foster inclusive policies and practices; and,
advocate for the development and implementation of policies that promote economic
empowerment and inclusivity for women with disabilities.
ARTICLE 24: WOMEN IN DISTRESS
Concluding Observations: Adopt measures to protect the rights of women in prison,
especially during the COVID-19 pandemic:
310. Kenya is committed to protecting the rights of women during crisis and
emergencies including in other humanitarian disasters. During the COVID 19pandemic, the Kenya Red Cross with the support of Government through the
Department of Prisons fortified prison spaces from the threat of the pandemic.
Materials for building quarantines were also provided and over 60,000 disinfectants
were distributed.
311. The Policy on the Care of Children of incarcerated mothers was launched in 2022.
The Policy provides guidance on prison service management and provision of quality
care for children incarcerated with mothers. The Kenya Prisons are also implementing
the United Nation Bangkok Rules which promote appropriate care for incarcerated
mothers and their children
312. In Kenya, there exists an initiative dubbed ‘Crime si Poa’ (Crime is not worth it)
through which women have an opportunity to produce and sell clothes and food
items thus enabling prisoners to generate an income while incarcerated. Further, the
Kenya Government maintains an open-door policy which enable stakeholders such
as Faraja to provide supplementary institutional support while Clean Smart dedicates
to social and healing support to women and children. The organization has provided
resources to prisons, collecting and donating children supplies and providing
caregiving training to mothers and prison guards.
313. Discrimination based on pregnancy is outlawed in Kenya in Article 27(5) of the
Constitution of Kenya and Section 5(3) of the Employment Act. In Miriti v CoOperative Bank Kenya Limited,38 The Employment and Labour Relations Court found
that Cooperative Bank of Kenya wrongly dismissed Miriti for underperformance in
2017 without considering her health complications arising from her pregnancy.
314. The government has also developed The Bail and Bond Policy Guidelines which
provide that detainees ought to enjoy their human rights. These rights include the
38
(Cause 1215 of 2018) [2023] KEELRC2452 (KLR) (13 October 2023) (Judgment)
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right not to be subjected to any form of torture or degrading treatment. Women
should not be subjected to physical, sexual or psychological violence while in
detention. Further, all prisoners are entitled to medical care according to their needs
the daily average population of female prisoners reduced from 3,189 in 2022 to 2,915
in 2023.
315. On mental wellness, it is estimated that up to 25% of outpatients and up to 40%
of in-patients in health facilities suffer from mental conditions (KNCHR: 2011). The
prevalence of mental disorders may also be attributed to the noted cases of suicide,
homicides and violence at household level. The traumatic events such as accidents
and disasters as well as violence and conflicts, for example the 2007 post-election
violence and similar conflicts, have played a significant role in the development of
post-traumatic disorders, anxiety and depression among those affected.
316. The Constitution of Kenya 2010, in Article 43. (1)(a) provides that, ‘every person
has the right to the highest attainable standard of health, which includes the right to
healthcare services. This necessarily includes mental health. The 65th World Health
Assembly adopted Resolution WHA65.4 on the global burden of mental disorders and
the need for a comprehensive coordinated response from the health and social
sectors at country level. Subsequently, during the 66th World Health Assembly,
Resolution WHA66.8 was adopted. It called on member states to develop
comprehensive mental health action plans in line with the Global Comprehensive
Mental Health Action Plan 2013-2020.
317.
Policy and legal measures in place include:
a) The Kenya Mental Health Policy 2015-2030 which provides for a framework for
securing mental health systems reforms in Kenya.
b) Distress for Rent Act, 2012 officially Cap. 293 of the Laws of Kenya, provides legal
provisions regarding the rights of landlords and tenants in relation to the recovery
of rent arrears. Under Section 16., the following goods and chattels shall be
exempt from distress for rent—
i. Things delivered to a person exercising a public trade, to be carried,
wrought, worked up or managed in the way of his trade;
ii. Things in actual use or occupation of the person distrained upon at the
time of the distress; and,
iii. Wearing apparel and bedding of the persons whose goods and chattels
are being distrained upon and the tools and implements of his trade to
the total value of one hundred shillings.
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CONCLUSION
318. The Government of Kenya reaffirms its commitment to protecting and promoting
the human rights and fundamental freedoms guaranteed to all persons. While every
effort is made to prepare periodic reports that reflect the full scope of measures taken
to implement the African Charter, Kenya continues to face practical challenges in
meeting the two-year reporting cycle required under Article 62. The development of
legislation, policies, and institutional measures often involves extensive constitutional
and consultative processes, which take time to complete.
319. To address remaining gaps in the realization of rights, the Government will
continue to work closely with the Commission, development partners, regional and
international bodies in strengthening national systems and expanding access to rights
for all.
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