A/HRC/41/43/Add.2 A. Judicial mechanisms 75. Kenya has a variety of courts, including specialized courts with the status of High Court in the areas of employment and labour relations and of the environment and land issues.59 The High Court has the jurisdiction to determine whether a right or fundamental freedom in the Bill of Rights has been infringed. However, according to testimonies, the effectiveness of judicial mechanisms is hindered by costly and long judicial proceedings, scarcity of expert witnesses and geographic barriers. For example, the specialized courts mandated to hear labour and environmental issues are not present in every county. 76. Initiatives have been adopted to respond to some of these concerns, such as the growing use of mediators, through court-annexed mediation, to avoid long judicial process, and the adoption of the Legal Aid Act, which provides for free legal aid. 60 However, the Act has not yet been fully implemented. The experts also learned about human rights training organized for judges and prosecutors. However, the experts are of the opinion that stand-alone training on international human rights law and standards should be developed, including specific modules on business and human rights. 77. The Working Group welcomes the role that the Office of the Director of Public Prosecutions has recently taken in conducting investigations into alleged business-related human rights abuses by corporations and government officials. Such action contributes to combating impunity and harnessing the rule of law, which strengthens rights holders’ confidence. B. Kenya National Commission on Human Rights 78. The Kenya National Commission on Human Rights is mandated to investigate any complaints received or, on its own initiative, investigate any matter relating to human rights in a public office or a private institution. The Working Group heard positive comments on the work performed by the Commission, including its investigation of complaints in relation to business and human rights and its efforts to mediate disputes between businesses and victims. This role of mediation in business and human rights cases could be expanded, in connection with court-annexed mediation. Adequate financial resources should be allocated to the Commission to enable it to fulfil its mandate. C. Operational-level grievance mechanisms 79. The Working Group welcomed the innovative grievance mechanisms created by business associations to hear complaints. In the salt sectors, the Kenya Association of Manufacturers has set up an independent grievance mechanism, so that complaints can be submitted before a separate independent body. The Federation of Kenya Employers has encouraged the creation of occupational health and gender committees with its member companies. Some other initiatives taken up by business enterprises are to be welcomed, but most of the complaints are received and handled by company management, which may result in a lack of trust by victims in such mechanisms. Companies are encouraged to revise their operational-level grievance mechanisms to ensure that they comply with the effectiveness criteria set forth in principle 31 of the Guiding Principles. Moreover, companies should make sure that potentially affected individuals are aware of these mechanisms. 59 60 Constitution, art. 162 (2) (b); and Environment and Land Court Act, No. 19 of 2011. Legal Aid Act, No. 6 of 2016, art. 35. 17