APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
239.
Between 2008 and 2014, government assigned financial and non-financial resources to assist
the return of Internally Displaced Persons (IDPs) including transportation and resettlement
costs. By the end of 2010, all camps with internally displaced persons had been officially
closed and the number of displaced persons who had not returned to their former homes
gradually declined.
240.
The Constitution outlaws discrimination on the basis of disability in public and private spheres
and makes specific provision for the protection of the rights of persons with disability. At
least 5% of the members of public in elective and appointive bodies should be persons with
disabilities. Several other laws and policies providing for the special protection on the human
rights of persons with disabilities have been enacted since 2007, indicating responsiveness
to the situation of People Without Disabilities (PWDs). However the 2008 Disability Survey
shows that persons with disabilities are disproportionately represented among the poor
and are marginalized as a result of the prohibitive financial costs, environments that are
violent and hostile to persons with disabilities and a failure by political parties to implement
affirmative action in the favour persons with disabilities.
241.
Kenya hosts the fourth largest refugee population in the world; by the end of 2013 there were
604,700 refugees and asylum seekers in addition to an unknown number of unregistered
refugees. The 2006 CRR revealed that the UNHCR was responsible for the bulk of refugee
management activities and the CSAR 2 states that the government has taken over the
responsibility for refugee management. Terrorist attacks in Kenya have resulted in a more
stringent asylum policy. After closing the border with Somalia in 2012, The Government
of Kenya required all refugees living in urban areas to relocate to designated camps. In
November 2013, the governments of Kenya and Somalia, and the UNHCR signed a Tripartite
Agreement outlining both procedures for the voluntary repatriation of Somali refugees and
it obliges Kenya to continue providing security to Somali refugees until they leave.
3.10.2 Findings of the Review Mission
3.10.2.1 Progress made since 2006
242.
The Constitution of 2010 introduced several new and comprehensive provisions that protect
the rights of vulnerable groups, including people with disabilities (PWDs), older persons,
and minorities, indigenous as well as marginalised groups. The Constitution also recognises
the rights of all to social security.
243.
The poverty index in 2014 was 46% with the ratio of people living below dietary energy
consumption at 51% in 2005. In this regard, social protection provided by the government
is important for vulnerable groups. The establishment of the Social Protection Fund in
2012 aimed to support the most vulnerable groups under the social pillar of Vision 2030.
Government allocated over KShs 18 billion in cash transfers in 2016 and KShs 14 billion in
2015, benefitting vulnerable groups including the older persons and PWDs. There is also a
health insurance subsidy in place for older persons and PWDs.
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