A/HRC/44/9
8.
The Government had introduced universal health coverage to provide affordable
health care for all, reflecting its commitment to Sustainable Development Goal 3. The
coverage, which was soon to be rolled out across the country, had successfully been piloted
in four counties. With regard to education, in 2017/18, the number of educational
institutions had increased by 5.1 per cent, and in 2017, free secondary education had been
introduced.
9.
Kenya was the first African country to have committed to the development of a
national action plan on business and human rights. Another milestone had been the recent
recognition of intersex persons and the inclusion in the 2019 Kenya Population and
Housing Census of a category to determine the number of intersex persons for policy and
programmatic interventions.
10.
Civic education and advocacy had been undertaken in the affected communities to
end female genital mutilation and child marriage. The increased prosecution of accused
persons had also played a key role in dissuading those practices.
11.
In order to address environmental degradation, measures had been put in place to
ensure that natural and artificial resources were exploited sustainably and responsibly, in
accordance with international obligations. There had been an increase in the use of
geothermal energy to provide power while reducing carbon emissions. A national climate
change council had been established pursuant to the Climate Change Act (2016).
12.
Challenges in the implementation of some recommendations had arisen from, among
other factors, several terror attacks that had resulted in the loss of the lives of civilians and
security officers. The terrorists had been heavily armed and suicidal, forcing the security
personnel to use protective force, which had been misconstrued as excessive. Young people
were being radicalized by extremist groups.
13.
In response to advance questions, the delegation stated that the Supreme Court had
ruled that the mandatory nature of the death sentence as envisaged in section 204 of the
Penal Code was unconstitutional. Following that judgment, a task force set up by the
Attorney General had conducted a review of the death penalty and made recommendations,
including the abolition of the death penalty.
14.
Besides the transformative Constitution, which gave prominence to the values and
principles of governance, robust legal, policy, institutional and administrative measures had
been introduced to fight corruption, including the National Ethics and Anti-Corruption
Policy (2018). A bill on whistle-blowers had been drafted and was currently before Cabinet
for approval.
15.
Law enforcement officers received human rights training. In 2011, the Independent
Policing Oversight Authority had been established to provide for civilian oversight of
police officers in their enforcement of the law. Freedom from torture was guaranteed under
the Constitution. Although the Prevention of Torture Act (2017), which gave effect to the
State’s obligations under the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, was yet to be operationalized, alleged perpetrators of
torture continued to be prosecuted under the Penal Code and the National Police Service
Act.
16.
Challenges remained in ensuring the equal representation of women. Two bills on
the issue had previously been rejected by Parliament. However, the Representation of
Special Interests Group Law (Amendment) Bill (2019), which also covered the issue, was
expected to be passed.
17.
A reduction in the budget of the Kenya National Commission on Human Rights was
not a phenomenon specific to the Commission, but also affected all government entities.
18.
The National Plan of Action
priorities and interventions necessary
The Guidelines on Identification and
Needs had also been developed. A
introduced.
for Children in Kenya (2015–2022) outlined the
for the progressive realization of children’s rights.
Referral of Children with Disabilities and Special
national toll-free helpline for children had been
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