Status of Implementation of UPR Recommendations

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According to Kenya National Commission on Human Rights (KNCHR) Kenya has been peer reviewed twice by the UN member states mechanism popularly known as Universal Peer Review (UPR). 

Economic and Social Rights 

  • The most notable recommendation was on poverty 
  • 36.1% approximately 16.4 million Kenyans live below the poverty line. 
  • 15 recommendations on right to health and labor rights; 
  • A total of 90 recommendations touching on ECOSOC were made to Kenya on the second cycle. 
  • KNHRC welcomes the prioritization of the Big Four Agenda;  
  • Food Security: Incidences of poverty persist, which stands at 32% or 14.5 million Kenyans; 
  • 73.4% of Kenyans accessed healthcare services at public facilities 
  • Food poverty in Kenya stands at 14.5 million at at March 2018; 
  • detention of bodies, sick persons and women after delivery due to failure to pay their medical bills; 
  • FIDA-Kenya and 3 others vs AG and 2 others petition 266 of 2015 held that women and girls who get pregnant as a result of sexual violence have a right under Kenyan law to have an abortion performed by a trained health professional; 
  • According to Commission on Audit of County Laws, most county laws do not adhere to human rights standards; 
  • There is need to address serious issues such as emergency healthcare, medical facilities, human resources and provision of referral services; 
  • There are high rates of HIV AIDs in Kenya, there are 12,500 young female adults living with HIV/AIDs in Kenya while that of males is around 5,000 which is three times less than that of female counter-parts; 
  • Persons below 18 years of age must get express permission from their parents or guardians before they get HIV testing; 
  • Forced evictions in Kenya do not follow the land laws Amendment Act as well as the Constitution of Kenya 2010;
  •  Kenya performed poorly according to the Transparency International from 144 to 180 position worldwide; 

GROUP RIGHTS 

  • Total 140 recommendations have been made to Kenya by UN Member states; 
  • 9 recommendation on Indigenous people and 9 on minority groups in Kenya; 
  • Mental Health of 1989;Children Act, 2001 and People with Disability (PWD, 2003); 
  • Indigenous rights: CLA 2016 and Mining Act 2016;
  • Establishment of Task forces to implement the Endorois decision of the ACHPR and Ogiek community decision of African Court on Human and Peoples Rights; 
  • The review of Children Act is yet to completed ten years since the promulgation of Constitution of Kenya 2010; 
  • Global Disability Summit in 2018 was co-hosted by the government of Kenya and Government of UK. 

Civil Political Rights 

Kenya received 225 recommendations during the 2nd Cycle of UPR. 

  • Transitional Justice, – Restorative Justice Fund for collective and individual reparations; 
  • Accountability for extra-judicial executions, torture and enforced disappearances; 
  • There is selective obedience of court orders in Kenya which is impunity; 
  • Death Penalty still exists in Kenyan law; 
  • To expand civic space the Public Order (Amendment) Bill 2019 and Prevention of Terrorism Act, 2019; 

Death Penalty 

  • The Supreme Court of Kenya declared the death penalty unconstitutional and directed the amendment of the law to be in line with the CoK; 
  • The requirement by Prevention of Terrorism Act for CSOs to report to the Anti-Terrorism Center; 

Recommendations by KNCHR; 

  • State to put in place regulations for the operationalization of Restorative Justice Fund; 
  • Investigate and prosecute security officers involved in human rights violations including extra-judicial killings; 
  • Commission urges the government to comply to court orders as part of complying with the rule of law; 
  • Calls for full abolition of the death penalty; 
  • 80 recommendations has been made to the state for enactment and of international legal instruments;

End of statement by Kenya National Commission on Human Rights (KNCHR). 

 

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Editor-in-Chief

Geoffrey Kerosi, B. Econ & Statistics, MPPA is a prolific Kenyan writer based in Nairobi City. Email: info@kerosi.com. Whatsapp: +254713 639 776 YouTube: Kerosi TV

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