A/HRC/15/8
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its eighth session from 3 to 14 May 2010.
The review of Kenya was held at the 7th meeting, on 6 May 2010. The delegation of Kenya
was headed by The Honourable Mutula Kilonzo, Minister for Justice, National Cohesion
and Constitutional Affairs. At its 11th meeting, held on 10 May 2010, the Working Group
adopted the report on Kenya.
2.
On 7 September 2009, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Kenya: Bangladesh, Egypt and Mexico.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following
documents were issued for the review of Kenya:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/8/KEN/1);
(b)
A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/8/KEN/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/8/KEN/3).
4.
A list of questions prepared in advance by Argentina, Belgium, the Czech Republic,
Denmark, Germany, Ireland, Latvia, the Netherlands, Norway, Sweden, Switzerland and the
United Kingdom of Great Britain and Northern Ireland was transmitted to Kenya through
the troika. Those questions are available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
The head of the Kenyan delegation stated that the report had been formulated and
validated through wide consultations involving the Government, the Kenya National
Commission on Human Rights, civil society and other stakeholders.
6.
Kenya gained independence in 1963 and had been a constitutional multi-party
democracy since 1991. There were three arms of the Government: the President was head of
the executive, and the unicameral legislature consisted of the National Assembly, while the
judiciary was an independent arm of the Government.
7.
The primary sources of the laws of Kenya included the Constitution, Acts of
Parliament and other specific pre-independence Acts, African customary law and Islamic
law.
8.
Kenya had a long-term plan, Kenya Vision 2030, to guide its development agenda,
and the first medium-term plan was under implementation. Among the priority areas under
implementation were projects aimed at national healing and reconciliation, as well as
economic reconstruction, with an emphasis on equity; the creation of additional
employment opportunities, especially for young people; and the attainment of gender
balance.
9.
Chapter V of the Constitution provided for fundamental rights and freedoms,
without discrimination, subject to respect for the rights of others and for the public interest.
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