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.
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