A/HRC/29/10
international observers to be free, fair and credible. The holding of peaceful election bore
testimony to the many reforms undertaken by the Government.
8.
The preparation of the national report followed an all-inclusive and participatory
process that brought together government agencies, national human rights institutions, civil
society organizations and OHCHR.
9.
Kenya stated that, during the review in 2010, it had accepted 149 recommendations
out of the 150 given. On the basis of the recommendations accepted in that review, wide
ranging reforms had been undertaken to improve access to justice, the rule of law and
access to economic and social rights, particularly for the poor and the vulnerable.
10.
Of specific mention was the entrenchment in the Constitution of the Kenya National
Commission on Human Rights, the National Gender and Equality Commission and the
Commission on Administrative Justice. This entrenchment provided the Commissions with
the necessary independence to monitor the observance of human rights in the country by
both public and private bodies.
11.
Turning to the criminal justice system, Kenya indicated that wide ranging reforms in
the justice sector had seen the creation of a strong judiciary that was adequately empowered
to uphold the supremacy of the Constitution, improve the administration of justice, enforce
the respect for human rights and ensure that legislation and government actions were in line
with constitutional provisions. The judiciary benefitted from a distinctly independent and
considerably enhanced budget, selected its judges independently and had undertaken an
elaborate process for the vetting of judicial officers.
12.
In ensuring the transformation of the police service, Kenya reported that various
constitutional, legislative and administrative measures had been taken. All police officers
were undergoing a vetting process against a set of criteria relating to professionalism,
integrity, performance record and psychological fitness. More than 17,000 police officers
have been trained and sensitized on the respect for human rights. An independent police
oversight authority was established in 2011.
13.
With regard to recommendations concerning the humanizing of correctional
facilities, Kenya noted the efforts made to reduce overcrowding in correctional facilities
and create a more humane environment.
14.
In order to protect and empower women and promote girls, Kenya stressed that
measures had been taken, including the constitutional guarantee for women to contest
elections and seek other appointive positions; the achievement of gender parity in primary
school enrolment; and the enactment of legislation to increase women’s access to land
ownership and use through inheritance and personal acquisition. It also noted that the
enactment of the Prohibition of Female Genital Mutilation Act 2011, aimed at preventing
and punishing female genital mutilation, which had been practised by a few communities in
the country, was a key milestone.
15.
With regard to the recommendations on the prevention of torture, Kenya stated that
the Constitution provided safeguards for the prevention of torture. It noted that the
Prevention of Torture Bill 2014 had been drafted through a consultative process and was
awaiting submission to the Cabinet for approval. Furthermore, it noted that the training
curriculum for police officers incorporated practical training on the respect for human
rights, including the prohibition of torture and ill-treatment, which were also strongly
prohibited under the Police Service Act.
16.
Kenya noted that it had received recommendations on the status of internally
displaced persons and that it had taken significant measures to settle all persons who had
been displaced after the 2007 elections and forest evictions.
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