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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