A/HRC/29/10
80.
Responding to questions, Kenya indicated that, since the adoption of the
Constitution in 2010, it had promulgated a piece of legislation that addressed the questions
of how Kenya ratified treaties and processed them into domestication legislation.
81.
Regarding human rights defenders, Kenya stated that it was committed to open,
transparent and democratic constitutional system. Kenya welcomed the work of
independent human rights defenders. It underlined the actions that had been taken by the
Government in a few cases of interference in the work of human rights defenders. Kenya
reported that none of them was being detained in the country.
82.
Regarding the International Criminal Court, Kenya stressed that its relationship with
the Court was very much misunderstood. It indicated that it had been among the first
countries to negotiate, ratify and domesticate the Rome Statute. It said that it would
therefore be untrue to suggest that Kenya had been a reluctant participant in the work of the
Court. Besides, major critical voices had come from countries that were not themselves
parties to the Court. Kenya had fully cooperated with the Court since an investigation into
the situation in Kenya was opened six years ago. Kenya had an extensive range of
agreements with the Court and had provided immunities and privileges for the officials of
the Court to work in Kenya. A permanent investigator and other officials of the Court
moved freely in the country. Kenya had supplied the Court with all of the information and
material that it was its duty to under Kenya laws and according to its interpretation of its
international obligations. Kenya stressed that a case concerning Kenya was ongoing before
the Court. The witnesses in that case were testifying in locations provided by the
Government through communication equipment in a manner that had been secured by the
Government. Criticism that Kenya had impended the work the Court was most regrettable
and untrue.
83.
Kenya reported that it had come through a long period of national dialogue on the
new Constitution. Critical social issues had been put to the various forums in which the
Constitution was negotiated. The issues included abortion, death penalty and sexual
identity, and particularly the use of criminal law in such cases. The issues had been divisive
and the requisite political and social consensus on them was a work-in-progress. In the
meantime, Kenya had not carried out any execution since 1987. On the rights of lesbian,
gay, bisexual or transgender persons, Kenya stated that no individual could confirm that
criminal law had been applied to them on the basis of his/her sexual orientation. It also
stated that the judiciary had intervened in progressive ways, such as directing the
Government to recognize the right of those who wanted to change their sexual identify in
governmental documents.
84.
Concerning terrorism, the question of the counter-terrorism initiatives of Kenya
arose in the context of the recent Security Laws Amendment Act 2014. Kenya reiterated
that the amendments had been consistent with the Constitution. The Act was pending in the
High Court, which had the final pronouncement.
85.
As regards gender equality and reproductive health rights, Kenya indicated that it
had made very good progress in terms of gender inclusion. For example, 17 per cent of the
members of the boards of private companies were women, and the highest rate of female
representation in the public sector was 40 per cent. In August 2015, the Supreme Court
decided that Kenya should have a framework in place to ensure the constitutional quota of
women in the National Assembly and the Senate.
86.
The Persons with Disability Act provided for the establishment of the National
Development Fund for Persons with Disability, which became fully operational in 2009–
2010. In 2014, after a delay, the second Board of Trustees had been appointed and
announced in the Official Gazette.
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