PART B: SPECIFIC ASPECTS OF THE REPORT PURSUANT TO THE REPORTING GUIDELINES CIVIL AND POLITICAL RIGHTS Article 2: Prohibition of discrimination 13. The Government of Kenya is committed to ensuring the enjoyment of all rights and freedoms by all citizens. Indeed, the Constitution of Kenya provides the constitutional, legal and policy framework for the eradication and prevention of all forms of discrimination in Kenya. Article 10(2) (b) therein set outs important national values and principles of governance, such as human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized, which must be incorporated in all aspects of the Government’s development agenda. The main prescriptions on equality and freedom from discrimination are found in Article 27. Article 27(2) specifically prohibits discrimination on any ground and guarantees equality which includes the full and equal enjoyment of all rights and fundamental freedoms. Women and men and other marginalized communities are granted equal rights to opportunities in political, economic, cultural and social spheres under Article 27(3) which states that “women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. 14. Article 27(4) provides that “the State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.” Article 27(5) prohibits a person from discriminating directly or indirectly against another person on any ground. The Government is also committed to dealing with past injustices and cases of discrimination. To this end, the Constitution of Kenya, 2010 mandates the state to give full effect to the realization of the rights guaranteed under Article 27 by taking legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination. 15. In furtherance of Article 59(4) of the Constitution three independent commissions were established to ensure the better realization of human rights for the people of Kenya. These are the National Gender and Equality Commission; the Kenya National Commission on Human Rights and the Commission on the Administration of Justice. The National Gender and Equality Commission (NGEC) works to promote the principles of: impartiality, gender equality and gender equity; inclusiveness, nondiscrimination and protection of the marginalized groups consistent with Article 27 of the Constitution. 8

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