Kenya’s human rights record to be examined by UN council
Source: Citizen Digital, By Fridah Naliaka
Thursday May 1, 2025
Riot police officers detain protesters demonstrating against what they say is a wave of unexplained abductions of government critics, along the Aga Khan walk in downtown Nairobi, Kenya December 30, 2024. REUTERS/Thomas Mukoya/File Photo
The United Nations Human Rights Council (UNHRC) will on May 1, 2025, examine Kenya’s human rights records for the fourth time.
The Universal Periodic Review (UPR) Working Group will conduct the review at the UNHRC headquarters in Geneva, Switzerland.
During the 49th Session of UPR, Kenya will undergo a peer review of its human rights records, a process that member states undergo every 4.5 years.
The East African state previously underwent the review in January 2020, after previous reviews in January 2015 and May 2010.
In the review, the Working Group will consider a national report provided by independent human rights experts and groups.
Under the special procedures, UPR will also consider submissions from human rights treaty bodies, and other UN entities, alongside information from national human rights institutions, regional organizations, and civil society groups.
The working group set to conduct the examinations of 13 other states from April 28 to May 9 is comprised of the 47 Member States of the Human Rights Council. However, each of the 193 UN Member States can participate in a country review.
Stakeholder submissions on Kenya
Ahead of the review, multiple stakeholders made submissions to the Working Group, with the Kenya National Commission on Human Rights (KNCHR) noting the abolishment of the death penalty.
On the downside, KNCHR noted challenges in preventing torture and impunity as recommended in Kenya’s 2020 review.
The human rights body also pointed out that the safety of journalists and the freedom of the press during demonstrations had not been protected.
In addition, the UPR has received a report on Kenya’s failure to adopt a law protecting human rights defenders and a lack of sufficient budgetary allocations in sectors such as education, health and human rights bodies.
In the review, stakeholders also noted the problematic provisions in the Assembly and Demonstration Bill tabled before the National Assembly.
Kenya was also fingered for failing to address high cases of extrajudicial killings as recommended in the 2020 review.
“JS22 stated that extrajudicial killings were prevalent and that there was a lack of effective investigation and prosecution of officers allegedly responsible for such killings and that investigative agencies had lacked capacity in forensic investigation, evidence preservation and presentation,” the report highlights.
The stakeholders also note enforced disappearances in Kenya, where police officers have been implicated in abductions of citizens for various reasons.
In their submission, the International Commission of Jurists (ICJ) noted that Kenya’s judiciary remains underfunded, slowing the delivery of justice.
Under the judicial sector, the stakeholders also pointed out that the abolition of the mandatory death sentence for murder by the Supreme Court had led to several applications for the re-sentencing of convicts who had been sentenced to death.
Kenya’s UNHRC membership
Kenya was elected a member of the Human Rights Council in October 2024 in a session presided over by Philemon Yang, the President of the 79th session of the General Assembly. Its membership will be for a 3-year term.
Kenya’s successful bid followed a strong opposition from human rights bodies in the country, who had attempted to block the appointment on grounds that the Kenya Kwanza government failed to uphold human rights.
Then, the groups cited human rights violations such as extrajudicial killings, abductions, and enforced disappearances by police.
They further faulted the Kenyan government for the capture and intimidation of other state organs and anti-people policies.
Human rights bodies noted keenly the happenings during the 2024 anti-tax protests, where 60 deaths were registered, according to data from the Independent Policing Oversight Authority (IPOA).
Plan to cripple assembly and demonstrations
While article 37 of the Kenyan Constitution provides for the right to assembly, demonstration, picketing and petition, Kenyans stare at changes in this clause.
In the Assembly and Demonstration Bill 2024, then Mbeere North Member of Parliament Geoffrey Ruku sought to limit the rights provided under the constitution.
Tabled before the National Assembly in June 2024, the Bill seeks to put in place limitations to assembly and demonstrations and increase the cost of organising a protest.
The Katiba Institute, in its submission to Parliament termed the Bill as the state’s attempt to frustrate democracy.
“Although the bill is described as regulating the right to assemble and demonstrate, it kills the right,” Katiba Institute noted.
By proposing introduction of criminal sanctions for demonstrators, the Institute terms this as deterrent effects of criminal and civil liability.
One of the provisions that the civil society wants deleted is that which requires the organizer of the protest to be present all through the assembly and ‘assist police in maintaining law and order’.
It also wants removal of a clause that gives police power to stop or prevent the holding of a demonstration or assembly.
During the 2024 anti-tax protests, police officers were seen using force to disperse protesters, who they said did not have requisite permission to hold the assembly.
Security officers used teargas canisters, bullets, and water cannons to disperse protesters. A number of demonstrators suffered were shot, and others injured by teargas cannisters.