II.
Positive Aspects
7. The Commission notes a number of positive aspects in Kenya’s efforts towards the
fulfilment of its obligations under the African Charter:
Reporting Obligation and Cooperation with the Commission
8. The Commission:
i.
ii.
iii.
welcomes the efforts made by Kenya in preparing and presenting its Report
and commends the latter for being up to date with its obligations under
Article 62 of the African Charter;
commends the efforts made by Kenya to ensure that the preparatory process
of the Periodic Report was participatory and transparent, with wide
consultation between Government Officials, Civil Society Organizations
(CSOs) and Independent National Human Rights Institutions (NHRIs), for
ensuring compliance with the African Charter, using a participatory and
transparent process; and
commends Kenya for implementing some of the recommendations of the
Commission in its Concluding Observations on Kenya’s Initial Periodic
Report.
Ratification of Regional/International Human Rights Instruments
9. The Commission commends Kenya for ratifying the Protocol to the African Charter
on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol)
in October 2010.
10. The Commission commends Kenya for the enactment of the following laws,
amongst others, to guarantee human rights:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
2|P a g e
The Constitution of Kenya of 2010;
Counter Trafficking in Persons Act, 2010, No. 8 of 2010;
Commission For The Implementation Of The Constitution Act 2010;
Nurses (Amendment) Act (No. 27 of 2011 Laws of Kenya);
National Commission On Gender And Equality Act 2011;
Commission on Administrative Justice Act 2011;
Environment and Land Court Act No 12A of 2011;
National Police Service Act, 2011;
Kenya Citizenship and Immigration Act, 2011;
Prohibition of Female Genital Mutilation Act, 2011;
Independent Ethics and Anticorruption Commission Act, 2011;
Political Parties Act, 2011;
Environment and Land Court Act, 2011;
National Land Commission Act 2012;
Land Act (No. 12 of 2012) and the Land Registration Act (No. 3 of 2012);