APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
150.
Attacks on human rights defenders have raised concerns, particularly where human rights
defenders lost their lives in an unlawful manner at the hands of state agents. The state has
committed to prosecuting the killing of Hassan Guyo and other cases.10
3.6.2.4 Socio-economic and cultural rights
151.
The 2010 Constitution guarantees economic and social rights. These are: the highest
attainable standard of health; accessible and adequate housing, and to reasonable standards
of sanitation; freedom from hunger and to have adequate food of acceptable quality; clean
and safe water in adequate quantities; social security; and education.
152.
Some initiatives stand out in regard to the protection of socio-economic rights. The
Women’s Enterprise Development Fund, Youth Enterprise Development Fund and Uwezo
Fund are significant government programmes in place that have potential to uplift the
socio-economic status of women, youth and persons with disabilities (PWDs). The Women’s
Development Fund is discussed in Objective 7.
153.
The Uwezo Fund was established to facilitate the participation of women, youth and
persons with disability through accessing public finances for entrepreneurship. The Fund
was meant to enhance the situation of groups that had been previously disadvantaged
by unfair competition or discrimination. For the most part, vulnerable and marginalised
individuals met during the CRM hearings were aware of the existence of opportunity but
its implementation was perceived as not adhering to important principles of fairness and
transparency and corruption was often cited as re-victimising and exploiting the intended
groups. It was also felt that the major beneficiaries of these schemes are not the most
vulnerable women and youth and PSWs but rather favours patronage and clientelism.
154.
Drought has caused hardship to people from arid and semi-arid areas that have historically
been marginalised such as Turkana, Isiolo, Mandera and Wajir. In some of these areas, food
and water insecurity has created very difficult living conditions. This is discussed in more
detail in Objective 8.
155.
Health Rights: Government has sought to provide health care insurance for all through
the National Health Insurance Fund. This insurance scheme provides accessible health
insurance for employees in the public and private sector earning Ksh 1,000 and above.
The majority of the informal sector has not been to join the scheme in large numbers due
to lack of funds or appreciation of the benefits. To make health services more amenable
to the indigent, there is an insurance subsidy in place and user fees for those accessing
primary health facilities have been abolished. The National Hospital Insurance Fund seeks
to extend to Universal Health Coverage although there have been fears over the financial
sustainability of this innovation.
10
Republic of Kenya Universal Periodic Review Second Cycle Implementation Matrix 2015-2019
| 98 |