A/HRC/45/2
545. Polygamy was a deeply entrenched practice under customary law and was
recognised and codified as a customary marriage by the Marriage Act, 2014. All registered
marriages under the Act have the same legal status. Polygamous marriages did not violate a
woman’s right to equality and non-discrimination on the basis that adult couples have the
discretion to choose the kind of union they preferred.
546. Kenya was concerned that, if financial assistance were to be provided to civil society
organizations, their independence in monitoring, investigating and reporting on the
observance of human rights by the State would be compromised.
547. The delegation stated that Constitution only permitted abortion under certain welldefined circumstances. The Standards and Guidelines on Reducing Maternal Mortality and
Morbidity related to unsafe abortion and the Training Curriculum for medical professionals
in public hospitals have been submitted to stakeholders for further multi-sectoral
discussions. There was also a need for further engagement on reproductive health services
and comprehensive sexual education for all women and girls and consequently
recommendations on these issues have been noted.
548. The delegation stated that Kenya would continue to take steps towards addressing
the noted recommendations in accordance with its national implementation processes and
circumstances.
549. A consolidated action plan would be prepared to monitor implementation of the
recommendations and Kenya undertook to appraise the Council on the progress in
implementing the recommendations.
2.
General comments made by the national human rights institution of the State under
review
550. The Kenya National Commission on Human Rights (by video message) welcomed
the acceptance by Kenya of the majority of the recommendations received. Kenya should
step up efforts in the recognition, protection and promotion of the rights of the vulnerable
groups, including the intersex persons, persons with disabilities, and indigenous groups.
Kenya should also introduce transparency and accountability in the use of social protection
funds intended for the neediest in society.
3.
Views expressed by Member and observer States of the Council on the outcome of the
review
551. During the adoption of the outcome of the review of Kenya, 13 delegations made
statements.**
552. Rwanda congratulated Kenya for its constructive engagement with the universal
periodic review mechanism. It commended Kenya for the reforms undertaken in the judicial
and security sectors and for its efforts to promote women’s rights. It also commended
Kenya for supporting the majority of the recommendation received, including one of the
two recommendations made by Rwanda.
553. Senegal welcomed the specific initiatives taken by Kenya to improve the situation of
human rights and fundamental freedoms. It noted the efforts made by Kenya, which lead to
** The statements of the delegations that were unable to deliver them owing to time constraints which
were made available are posted on the extranet of the Human Rights Council, at
https://extranet.ohchr.org/sites/hrc/HRCSessions/RegularSessions/45session/Pages/Oralstatements.aspx
95
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