APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
3.6.2 Findings of the Review Mission
3.6.2.1 Progress made since 2006 Review
125.
The Bill of Rights contains progressive provisions on the civil and political as well as
socio-economic and cultural rights for men, women and vulnerable groups. To oversee
the implementation of these rights, the Kenya Human Rights Commission (KNRC) was
established. For many reasons some of which are highlighted below, the KNRC stands out
as a national human rights institution.
3.6.2.2 Best Practice: Kenya National Human Rights on Commission protecting and
promoting the rights of Kenyans.
126.
The establishment of an autonomous and effective human rights institution is a sign of the
commitment of the government of Kenya to meet its international and national obligations
towards the realisation of rights. KNRC has executed its mandate in a commendable
manner and distinguished itself as a beacon of vigilance for human rights monitoring. It
has been accredited as an ‘A’ status national human rights institution by the International
Co-coordinating Committee of National Human Rights Institutions (ICC) that is supported
by the Office of the High Commissioner for Human Rights. The KNRC has worked actively
and proactively with government departments and civil society to address priority areas
for human rights protection and monitoring compliance by government.
Through its
extensive research work and judicial activism, it is continuously investigating and analysing
de jure and de facto situations of violation by state and non-state actors and publishing
findings on the same. KNRC has handled individual and group complaints on violations of
human rights based on the Constitutions or international standards.
3.6.2.3 Civil and Political rights
127.
Freedom of assembly: Overall, Kenyans are guaranteed the right to assemble freely and
associate with like-minded people, individually and collectively. This right, together with
fundamental rights such as freedom of movement, expression and information is integral
to the operations of civil society organisations. However on various occasions in 2016,
during the demonstrations against alleged corruption in government and the Independent
Electoral and Boundaries Commission, there were incidences of excessive use of force
and arbitrary arrests by police. The Independent Policing Oversight Authority (IPOA) and
citizens condemned the unlawful incidences of excessive use of force and brutality by the
police. Investigations by the IPOA commenced in May 2016.
128.
Equality and non-discrimination: Government has put in place legislative and programmatic
measures to vet movement of persons and finances and registration for passports and
identity cards. Unfortunately, this has resulted in perceptions of witch hunting and
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