A/HRC/15/8
The High Court had inherent jurisdiction in cases involving violations of fundamental rights
and was vested with wide powers in that regard. Rights could also be invoked as part of the
ordinary court procedure.
10.
Parliament had adopted many laws to implement those constitutional rights, as well
as those set out in international and regional human rights instruments ratified by Kenya. It
had also established institutions to ensure their implementation, such as the National
Commission on Gender and Development and the Kenya Anti-Corruption Commission.
11.
Other institutions dealt with human rights, such as the Kenya National Commission
on Human Rights and the Public Complaints Standing Committee, as well as transitional
mechanisms set up to address human rights violations committed after the 2007 presidential
elections, including the Commission of Inquiry on Post-Election Violence (the Waki
Commission).
12.
Kenya was party to most of the core international and regional human rights
instruments. International instruments were integrated into domestic law through a single
law or several laws.
13.
Among achievements in the area of safeguarding human rights, Kenya specifically
referred to the following: the 2006 Witness Protection Act, recently amended and
operationalized; a de facto moratorium on the death penalty, in force since 1987, with the
president recently having commuted 3,953 death sentences to life imprisonment while
initiating a national reflection process on the issue; the revamping of the Kenya Prison
Service with a view to guaranteeing relevant international standards; and the enactment of
the Political Parties Act.
14.
Kenya had various national anti-poverty programmes, including the Economic
Stimulus Programme 2009, the “Kazi Kwa Vijana” (employment for young people)
programme and the Constituency Development Fund.
15.
With regard to universal free primary education, school enrolment was on the
increase, as well as the rate of transition from primary to secondary education. Measures
were being taken to assist the most vulnerable children and children with special needs.
16.
Kenya had enacted a number of laws and had developed policies regarding the right
to health, such as the HIV and AIDS Prevention and Control Act and the National Malaria
Strategy.
17.
Concerning the right to housing, Kenya had developed a National Housing Policy
and a National Housing Bill and had made great strides in upgrading informal settlements
under the Slum Upgrading Programme.
18.
With respect to the right to work, Kenya referred to the Employment Act 2007, the
Labour Relations Act 2007, the Work Injury Benefits Act 2007 and the Occupational Safety
and Health Act 2007.
19.
In 2008, the African Report on Child Well-being rated Kenya as one of the most
child-friendly African Governments, owing to appropriate legal provisions aimed at
protecting children’s rights.
20.
Among the challenges and constraints that it faced, Kenya mentioned poverty,
inequality and unemployment, all of which were being addressed through Vision 2030 and
anti-poverty programmes. In addition, ineffective constitutional and outdated laws were
being addressed through the new draft constitution, which had been published on 6 May
2010 and should be put to a referendum in three months’ time. Corruption was being
addressed through a policy and legal framework and a multi-stakeholder-driven National
Action Plan. Child labour and overstretched prison facilities were other challenges being
tackled.
4
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