i. ii. iii. iv. the low representation of women at decision making levels and gender inequality, despite the concerted efforts made at ensuring gender equality in all sectors, policies and programmes; the persistent traditional harmful practices such as FGM and child marriages, in spite of the criminalization of the said practices; the fact that child labour still remains a challenge due to poverty; and Kenya’s non-implementation of the State Reporting Guidelines under the Maputo Protocol. Right to Freedom of Expression 40. The Commission is concerned about: i. ii. iii. laws limiting freedom of expression such as the Security Laws (Amendment Act) of 2014 recently passed in Kenya which contains a number of provisions not in conformity with fundamental human rights, in particular those which unduly restrict freedom of expression; the fact that defamation is still a criminal offence in the Criminal Code, and the use of defamation to incriminate journalists and media practitioners; and lack of an Access to Information Law. Right to Freedom of Assembly and Association 41. The Commission is concerned about lack of sufficient information in the Report concerning the protection of these rights. Due Process and Conditions of Detention 42. The Commission is concerned about the: i. ii. iii. iv. v. lack of statistics as to how many cases referred to the Director of Public Prosecution by the IPOA have been prosecuted; lack of information regarding a database on torture-related complaints in Police Stations; absence of legal aid provided to suspects at the time of police inquiry; high rate of Pre-trial detainees; and lack of speedy processes in the judicial system which continues to hinder the right to fair trial. Older Persons 43. The Commission is concerned about lack of specific legislation to protect the rights of older persons apart from the draft Older Persons Bill of 2015 which is yet to be 12 | P a g e