Human Rights Council – Universal Periodic Review
For use of information media; not an official record
Date: Monday 6 May (morning)
Country under review: KENYA
Concerned country - national report
- Represented by a 14-member delegation and headed by Hon. Mutula Kilonzo, Minister for Justice, National Cohesion and Constitutional Affairs
- National report presented by the head of delegation
- New Constitution drafted, whole chapter to protect human rights and freedoms.
- Judicial and police reforms.
- Measures to combat gender-based discrimination and violence.
- Commission of inquiry on post-election violence.
- Legal provisions to protect children against abuse and exploitation.
- National Cohesion and Integration Act to outlaw discrimination on ethnic grounds.
- Prison reforms, improving prison management and conditions of detention.
- Initiatives to tackle poverty, with special attention to women and children.
- Free primary and secondary education. Increase in school enrolment.
- Agenda to improve safe motherhood and new-born survival.
- HIV/AIDS Prevention and Control Act.
- Party to most core human rights instruments, including the Rome Statute.
Number of States taking part in the discussion
- Member States: 24
- Observer States: 31
- De facto moratorium on death penalty since 1987.
- Constitutional and electoral reforms, referendum to be held in August.
- Police and judicial reforms.
- Cooperation with the International Criminal Court.
- Thruth, Justice and Reconciliation Commission.
- Commitment and progresses made in the field of gender equality, in particular in politics and labour market.
Issues and questions raised
- Investigation and prosecution of 2008 post-election violence.
- Human rights abuses by police forces and culture of impunity.
- Sexual violence and trafficking of women and children.
- Rights of children with specific needs. Street children.
- Female genital mutilations and maternal mortality.
- Gender equality.
- Discrimination against minorities.
- Protection of witnesses. Harassment and attacks against human rights defenders.
- Discrimination on the basis of sexual orientation.
- Pursue the constitutional reform.
- Ensure that those responsible for post-election violence are held accountable.
- Take effective steps to improve accountability with a view to eradicating impunity.
- Fully implement police reform. Take further measures to prevent extrajudicial killings. Ensure compensation for victims.
- Criminalize female genital mutilations.
- Reinforce protection of vulnerable groups, notably children with specific needs.
- Raise penal responsibility of minors to 18.
- Strengthen the independence of the judiciary.
- Definitely abolish death penalty.
- Establish an independent witness protection agency free of political influence.
- Address ethnic and religion tensions and combat all forms of discrimination.
- Take further steps to address corruption.
- Pursue the efforts to combat poverty.
Response of the concerned country
- Extrajudicial killings and impunity – Reform underway. Investigation and prosecution of extrajudicial killings. Accountability mechanism strengthened.
- Female genital mutilations and women rights – Legislative measures, awareness campaign, funds to support women’s socio-economic initiatives. Cultural changes needed, which takes time.
- Rights of the child – National plan of action. Commitment to eliminate child labour and early marriages.
- Corruption– National anti-corruption policy. Anti-corruption units and specially trained officers in all ministries. Corruption-correction committees in all public sectors and corporations.
- Same sex relations – Committed to decriminalize them and combat discrimination, but facing serious social intolerance towards homosexuals.
Adoption of the report by the UPR working group scheduled on
Monday 10 May, 12:00 – 12:30