Kenya Kenya: Initial Report, 1992-2006

Periodic Report

Period Covered:1992 - 2006
Date Considered: 30 May 2007
Session Considered:41st Ordinary Session
16 - 30 May 2007. Accra, Ghana

Concluding Observations

Adopted at 41st Ordinary Session, 16 - 30 May 2007, Accra, Ghana.



1.     The African Commission recommends to the Government of Kenya to:

2.     Domesticate the African Charter and related protocols it ratified as this exercise would enable the Country to take the necessary measures to implement the provisions and take concrete actions to give effect to the provisions of the African Charter;


3.     Take the necessary steps for the ratification and the domestication of:

Ø  The Protocol to the African Charter establishing an African Court on Human and Peoples’ Rights and make a Declaration under article 34 (6)

Ø   The OAU Convention on Combating Corruption in Africa

4.     Enact  a more stringent law to address domestic violence and sexual offences ;

5.     Domesticate the OAU Convention Governing Specific Aspects of Refugee Problems in Africa;

6.     Review the policy on the border issue with Somalia with respect to Somalian refugees; and more specifically, observe the principle of non refoulement.

7.     Initiate a consultative process aimed at involving all stakeholders in the drafting of the report in line with the African Commission’s guidelines for State reporting;


8.     Initiate a policy that includes the Robben Island Guidelines as well as the United Nations minimum standard rules concerning prisons;

9.     Reduce the marginalization of indigenous populations by strengthening central government services to eradicate poverty, overcome insecurity and foster development;


10.  Ensure that the rights of indigenous and socially disadvantaged persons are respected; and deliberately develop policies that will enhance the participation of these persons in their affairs and the governance of the country.

11.  On Discrimination against women, undertake deliberate, concrete steps and policies which will enhance the participation of women in government and in key positions.

12.  Take adequate measures, legislative and others to address the right to mental health of Kenya people,

13.  Collaborate with civil society, international and regional organizations, to sensitize people and address Kenya’s difficulties, in particular problems related to insecurity, corruption, unemployment and development.

14.  Consider abolishing the death penalty altogether;

15.  Follow the African Commission’s guidelines on state reporting, and collaborate with NGOs and academic institutions during the process of preparing reports to be submitted to international and regional treaty bodies.

16.  Indicate to the Commission in its 2009 periodic report, what measures Kenya has taken to give effect to these recommendations.



Adopted at the 41st Ordinary Session of the African Commission on Human and Peoples’ Rights held from 16 to 30 May 2007 in Accra, Ghana

Kenya had not submitted a state report since it became a party to the Charter in 1992, mainly because of political, social, and economic problems.  In recent years, and particularly with the ascension to power in 2002 of the National Rainbow Coalition (NARC), Kenya has increased its capacity to undertake state reporting and other human rights related activities.

The first part of the report contains a brief introduction on Kenya and human rights. The second part describes the situation of human rights, with sections on:
  • civil and political rights
  • economic, social and cultural rights
  • the rights of vulnerable groups: women, children, persons with disabilities, elderly persons, marginalised communities
  • observance of duties
  • problems encountered in implementing the Charter
  • measures taken to implement the provisions of Article 25 regarding human rights education


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