INTRODUCTION
The Government of the Republic of Kenya has the honor to submit to the African Commission on Human
and Peoples’ Rights, its combined 8th -11th periodic report covering the period 2008- September 2014, in
conformity with Article 62 of the African Charter on Human and Peoples’ Rights (hereafter the “African
Charter” or simply the “Charter”). The Report has been prepared through wide consultation between
Government officials, Civil Society Organizations and independent national human rights institutions.
The report is divided into three parts:
I.
Part A outlines information concerning the general framework within which the human
rights recognized by The Charter are protected in the reporting state.
II.
Part B outlines specific information on each of these rights, duties and fundamental
freedoms in relation to appropriate individual articles of The Charter.
III.
Part C outlines specific information on economic, social cultural rights as outlined in the
Charter.
Part A
1. The Government of Kenya has since the presentation of the last combined report, made remarkable
progress in safeguarding the rights, freedoms and duties of its people as enshrined in the Charter. The
most important achievement has been the enactment of a new Constitution through a referendum in
2010. The Constitution has for the first time codified national values and principles that must underpin
the review, formulation and implementation of public policies, administrative decisions and
procedures, and enactment and application of the law. The values and principles, which include
human rights, equality, non-discrimination, social justice, inclusiveness, protection of the marginalized,
rule of law, democracy, participation of the people, human dignity, good governance, integrity,
patriotism, national unity, sharing and devolution of power, bind all State organs , State officers ,
public officers and all persons.
2. Chapter four of the Constitution adopts an elaborate Bill of Rights which provides a stronger legal,
policy and institutional framework for the protection and promotion of the civil and political rights as
recognized in the Charter. The right to a fair trial, freedom of the media, freedom of expression,
assembly, religion, freedom from torture are but some of the rights that the Government of Kenya as
the primary duty bearer is committed to uphold…
3. The Bill of Rights applies to all law and binds all state organs. Article 21(1) stipulates that the state has
the fundamental responsibility to observe, respect, protect, promote and fulfill the rights and
fundamental freedoms in the Bill of rights. This means that whenever state and public officers perform
their duties they must comply with the Bill of rights.
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