adopted by Parliament, and the National Policy on Older Persons which was still
pending for review before the end of 2015 as at the time of presentation of this
Report.
HIV/AIDs
44. The Commission is concerned that:
i.
ii.
even though the budget allocation of the Kenyan health sector has been
increasing gradually, this allocation remains inadequate; and
the Report does not indicate measures put in in place by the State to
support children orphaned by and other vulnerable children affected by
HIV/AIDS.
Death Penalty
45. The Commission is concerned that the death penalty remains in the Criminal Code
despite the self-imposed moratorium on the death penalty.
Refugees, IDPs and Migrants Workers
46. The Commission is concerned that,
i.
the Refugee Bill of 2015 which provides for proper management of
refugee matters is still pending adoption; and
ii. IDPs are still not fully resettled.
Indigenous Populations
47. The Commission is concerned that:
i.
ii.
13 | P a g e
even though Kenya established a Taskforce on the Implementation of
the Endorois Case in September 2014, CSOs and Members of the Endorois
Community are not part of the Taskforce. It is only composed of
Members from the public sector including representatives from the
Ministry of Lands, Housing and Urban Development, Ministry of
Sports, Culture and the Arts, the Secretary to the KNCHR and the
County Government of the affected area;
the Report does not contain information regarding measures taken by
the Government to protect indigenous peoples and ensure their
security, investigate and act on the reported cases of harassment,
assault, violence and forced eviction against indigenous peoples,
particularly sexual abuse against women during the disarmament
exercises conducted in 2009, 2012, 2014 and 2015 in the Tana Delta
Region and Northern Kenya, affecting the Turkana, Samburu, Pokot,
Pokomo and Orma communities; and