of women such as Female Genital Mutilation (FGM) are still propagated. The advocacy
for the implementation of the two thirds gender rule under the Constitution is still on
going with little progress. CSOs, Constitutional Commissions and some section of
Members of Parliament have been engaging with the government and specifically
Parliament for the passing of the Two Thirds Gender Bills. There were several debates
and votes done in Parliament in 2015 and 2016 but the Bills did not garner enough
support from Parliamentarians. The KNCHR together with other key stakeholders have
proceeded to court to seek orders for parliament to enact a mechanism to operationalize
the two thirds gender representation principle. Gender equality is still a challenge in
Kenya especially in elective positions and much remains to be done for equality to be
achieved.
Children’s Rights
The respect, promotion, protection and fulfilment of the rights of children in Kenya are
still wanting. Cases of child abuse in the form of forced early marriages, FGM and child
labour still persist. There is also discrimination on intersex children since they are
denied registration because of only recognition of two genders in Kenya. In case filed
in 2013, the court ordered the Registrar of Births to register the baby in that case as
intersex. Cases of child trafficking have also been reported in Kenya. These incidences
have occurred in homes and hospitals where children have been reported stolen after
birth.
The amendment of the Children Act (2001) has been ongoing for a long time. These
efforts to amend the Act are meant to conform it to the Constitution of Kenya and
international standards.
Rights of Persons with Disability
Kenya has legislation that protects the rights of persons with disabilities. The UNCRPD
is also part of Kenyan law since Kenya has ratified it. There are challenges to enjoyment
of human rights by persons with disabilities that persist. These include discrimination,
lack of accessibility to public places, transportation and information, violation of their
right to life, education, health and the right to be free from inhuman, degrading
treatment. The Constitution of Kenya has the principle that at least 5% of members of
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