Experts of the Committee on the Elimination of Racial Discrimination Commend Kenya’s Legal Aid Initiatives, Ask about Indigenous Land Rights and Reported Abuse of Kenyan Migrant Workers Abroad
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined eighth and ninth periodic report of Kenya, with Committee Experts commending the State on its legal aid initiatives promoting access to justice, and asking questions on indigenous land rights and reported abuse of Kenyan migrant workers abroad.
Gay McDougall, Committee Expert and Country Co-Rapporteur, said Kenya’s Legal Aid Act and the National Action Plan on Legal Aid were tremendous initiatives for promoting access to justice. Had there been an assessment of the implementation of the plan?
Pela Boker-Wilson, Committee Expert and Country Rapporteur, said the forced eviction of the Ogiek people was ongoing. Other Committee Experts cited land claims by the Endorois, Kipsigis and Talai indigenous communities, some involving colonial era abuses. What mechanisms were available for addressing indigenous land issues and granting redress for past abuses?
Ms. Boker-Wilson also expressed concern about reports of Kenyan domestic workers being subjected to abuse, sexual violence, forced labour and wage theft, especially in Gulf countries. There were cases of deaths, forced suicide, trafficking and exploitation facilitated by recruitment agencies operating without oversight. What programmes and policies were in place to combat discrimination against domestic and migrant workers?
The delegation said the national action plan for legal aid had helped 5.7 million people to benefit from legal aid, which could be accessed via a toll-free telephone number. Legal aid was available in certain civil cases related to constitutional rights.
Dorcas Agik Oduor, Attorney General of Kenya and head of the delegation, said Kenya had taken measures to protect indigenous peoples’ collective land rights and ensured prior consultation in decision-making processes that affected them. The State had formulated a National Reducing Emissions from Deforestation and Forest Degradation Strategy, which aimed to enhance the livelihoods of indigenous peoples.
The National Land Commission was empowered to investigate and provide reparation for historical discrimination in land distribution, the delegation added. Related to the Ogiek case, a compliance hearing was held and a public apology was issued, and the Land Commission was hearing cases related to land distribution to the Ogiek community. Since 2014, the Land Commission had processed 5.1 million land title claims.
On migrant workers, the delegation said the Government had taken several measures in response to incidents occurring in Gulf countries. It had renegotiated all the State’s bilateral agreements with these countries. All recruitment agencies involved in human rights violations had been blacklisted and the Government was seeking compensation for those who had been mistreated.
In concluding remarks, Ms. Boker-Wilson expressed appreciation for the interactive and meaningful dialogue. The delegation had provided in-depth and contextual responses. The State party needed to continue to strive to uphold human rights principles.
Ms. Agik Oduor, in concluding remarks, said Kenya was proud of the progress it had made in combatting racial discrimination but recognised that there was more work to be done. The Committee’s recommendations would provide the State party with a roadmap to creating a more just and equitable society for all Kenyans.
The delegation of Kenya consisted of representatives of the National Cohesion and Integration Commission; Office of the Attorney General and Department of Justice; Office of the Director of Public Prosecutions; Ministry of Interior and National Administration; Independent Policing Oversight Authority; Ministry of Foreign and Diaspora Affairs; and the Permanent Mission of Kenya to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Kenya after the conclusion of its one hundred and fourteenth session on 13 December. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Friday, 13 December at 4 p.m. to close its one hundred and fourteenth session.
Report
The Committee has before it the combined eighth and ninth periodic report of Kenya (CERD/C/KEN/8-9).
Presentation of Report
DORCAS AGIK ODUOR, Attorney General of Kenya and head of the delegation, said that despite the dangerous regression in the fight against racism in many spaces, Kenya remained fully committed to implementing the Convention and other key anti-racism mechanisms, and criminalising hate speech and membership in racist organizations. As the Chair of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, Kenya had played a pivotal role in advancing the global fight against racial discrimination.
Kenya continued to be one of the leading refugee-hosting countries in Africa, with the number of asylum seekers and refugees nearly doubling from 480,000 in 2019 to around 800,000 in 2024. The State was committed to providing refuge and supporting those fleeing conflict and persecution.
The Constitution prohibited discrimination on any grounds, including race, and guaranteed equality before the law. This commitment was further reinforced by legislation such as the Employment Act and the National Cohesion and Integration Act, which criminalised hate speech and discrimination. Kenya had strengthened access to justice for victims of discrimination through legal aid programmes and public awareness campaigns on legal rights. The State had implemented affirmative action policies in education and employment to address historical injustices and promote the inclusion of marginalised groups.
The National Cohesion and Integration Commission had intensified efforts to monitor instances of hate speech, particularly during election periods, to curb incitement to violence. In 2022, Kenya developed a National Action Plan against Hate Speech. The plan helped to coordinate efforts to fight hate speech and domesticated the 2019 United Nations Strategy and Plan of Action for Hate Speech. The amendment to the Evidence Act in 2022 allowed for the admissibility of electronic messages and digital material in legal proceedings. This facilitated efficient and effective investigations and prosecutions of hate speech cases.
The Government was developing a comprehensive National Labour Migration Policy, which included programmes on labour migration. The policy would help ensure better protection for migrant workers. The National Referral Mechanism and Guidelines for Assisting Victims of Trafficking in Persons, launched in July 2023, offered criteria for support through the National Assistance Trust Fund. The Office of the Director of Public Prosecutions had trained prosecution counsel in eight regions and developed labour inspection guidelines in partnership with civil society.
The Kenya National Bureau of Statistics had an elaborate infrastructure for data collection across the country, including various socio-economic statistical databases. It was committed to continuous improvement of data quality, exemplified by the launch of the Kenya Statistical Quality Assurance Framework in 2022. The Kenya Strategy for the Development of Statistics prioritised data needs and building statistical capacity.
Kenya had taken measures to protect indigenous peoples’ collective land rights and ensured prior consultation in decision-making processes that affected them. The State had formulated a National Reducing Emissions from Deforestation and Forest Degradation Strategy, which aimed to enhance the livelihoods of indigenous peoples; this had led to the protection of key water catchment forests and had supported the development of nature-based micro enterprises.
The Government had taken holistic steps to combat the abuse of migrant workers abroad through the Diaspora Policy 2024, which addressed the challenges faced by Kenyans abroad and promoted their participation in national development. The State had enhanced consular services, protection through bilateral agreements, and evacuation of distressed Kenyans. It was committed to ensuring the rights and welfare of the Kenyan diaspora.
The State party called for support, including financial support, in the development of policies, programmes and regulations to combat racial and ethnic discrimination and promote social inclusion, in strengthening the capacity of its institutions, and in improving data collection and analysis. Through continued efforts, the State party would be able to create a society where every individual enjoyed equality and dignity, free from racial discrimination.
A representative of the Kenya National Commission on Human Rights thanked the Government of Kenya for adopting recommendations issued by the Commission related to the rights of migrant workers and minorities. The Government worked with the Commission to support access to justice for minorities. Further policy reforms were needed to ensure that the rights of migrant workers were upheld and that court decisions related to indigenous peoples were implemented.
Questions by a Committee Expert
PELA BOKER-WILSON, Committee Expert and Country Rapporteur, congratulated Kenya on its recent appointment to the Human Rights Council. Had the State party taken steps to adopt comprehensive legislation on discrimination that referenced all grounds of discrimination in article one of the Convention? Had it provided training on preventing discrimination to public officials? Were there cases in which the Convention had been directly invoked by courts? The Committee had previously recommended that the State party amend the definition of “ethnic discrimination” in the National Integration Act to align it with the definition of racial discrimination in the Convention. Would the State party do this?
The Committee had also called on the State party to strengthen the Kenyan Human Rights Commission with increased financial and human resources. What efforts had been made in this regard since 2022?
The Expert welcomed efforts by the State party to ensure that counties implemented minority recruitment requirements and to ensure gender equality and inclusion in the workplace. What measures were in place to promote equal employment opportunities for all ethnic groups and persons with disabilities? How were Equality Fund resources being dispersed to marginalised communities? How had the 2019 national action plan on business and human rights helped to prevent discrimination based on ethnic or social origin in workplaces?
The Committee had called for updated statistical data on ethnic groups and indigenous peoples’ access to health, education, housing and other State services. It was concerned by Kenya’s lack of statistical data disaggregated by ethnicity. What challenges were preventing the State party from collecting these statistics? What measures were in place to improve the capacity of the Kenyan National Bureau of Statistics?
The Committee appreciated constitutional provisions that stipulated that indigenous peoples needed to be protected through affirmative actions and laws implemented to address indigenous land issues. However, barriers to indigenous peoples’ ability to own and use their land resources were still an issue. The forced eviction of the Ogiek people was ongoing. The African Court on Human and Peoples' Rights had called on the State party to ensure the Ogiek people’s access to their ancestral lands and to provide them with reparation. There were multiple reports that the forced eviction of the Ogiek people was ongoing in the wake of the Court’s judgement. What measures had the State party taken to ensure that the Ogiek people remained on their ancestral lands and that evicted individuals were justly compensated?
How many cases affecting indigenous peoples were before the courts and what reparations had been ordered in such cases? What measures were in place to prevent and prosecute acts threatening the physical security of indigenous peoples and to ensure prior consultation with indigenous peoples on issues affecting them? The discriminatory pattern of land distribution reportedly led to ethnic conflicts. What mechanisms were available for addressing land issues? What was the maximum amount of land that could be owned or leased by an individual or group? What was the status of the slum upgrade programme and other measures to improve the living conditions of ethnic minority groups?
Responses by the Delegation
The delegation said Kenyan judges were strongly committed to implementing the Convention. In one case from 2017 on racial discrimination in the workplace that referenced the Convention, the Court of Appeal found that one Black person had been paid less than white managers in the same role. In another case from 2013, the Court directly applied the Convention in its decision finding that a business had favoured less qualified foreigners over a Kenyan national.
The National Human Rights Commission’s independence was enshrined in the Constitution. It objectively monitored and investigated human rights issues. The Government ensured that the Commission included diverse professionals who were dedicated to protecting human rights. Insufficiencies in the current budget allocation for the Commission were due to the economic downturn that the State was facing. Budget allocations would increase when the economy improved. The Government was implementing policies to improve the economy and to stabilise financial streams.
The State party was promoting awareness of the Convention. Government officials, judges, magistrates and the police received regular training sessions on human rights treaties. Training on equality in employment was provided to county boards.
There was no dedicated anti-discrimination law, but the Constitution and several other laws addressed discrimination. The National Land Commission was empowered to investigate and provide reparation for historical discrimination in land distribution. The National Government Affirmative Action Fund provided financial aid to indigenous peoples to access education and contribute to their communities. The Kenya Social Protection Policy of 2023 and the National Action Plan on Business and Human Rights promoted indigenous rights.
Countries were increasingly violating the provision requiring that at least 20 per cent of employment positions were shared with minorities. The Government was implementing measures to address this, such as the Minority Recruitment Act, which introduced equity plans for public service recruitment. The National Human Rights Commission was enforcing diversity compliance among businesses.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Country Rapporteur, welcomed that there were examples of court cases in which the Convention was applied. Did training for judges and magistrates address the Convention? Were sanctions implemented on counties that failed to comply with minority recruitment quotas?
GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, asked how the State party was addressing negative attitudes at the county level toward recruiting ethnic minorities.
A Committee Expert asked if the State party had complied with the decision of the African Commission on Human and People’s Rights on the Endorois case? Could the delegation provide more information on legislative changes related to the admissibility of electronic messages before the court?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said the State party had not submitted a follow-up report and the current report did not address the issue of deficiencies in Kenya’s statistics. There had been a decrease in the enrolment of girls in pre-primary and primary education over the reporting period. Why was this? More statistics were needed on the representation of ethnic groups, including indigenous peoples, in public and political life.
One Committee Expert asked about demands that Kenya was making to the United Kingdom regarding reparations for harms caused during the colonial era.
Responses by the Delegation
The delegation said the amendment to legislation on electronic evidence sought to set a threshold of admissibility for such evidence. The judicial academy had a course on human rights principles. The Constitution stipulated that all international treaties that Kenya had ratified were part of national law.
Most counties’ populations typically belonged to a single ethnic community. This made it difficult for some public county bodies to recruit at least 30 per cent minority employees. Sanctions against counties would take away resources from the people. The Government was continuing to consider how to increase the representation of minority ethnic groups in counties.
The Government had implemented measures to protect the collective rights of indigenous peoples to own and use their ancestral lands. The Community Land Act provided a framework for the protection and redistribution of land. The National Land Policy was being updated to address issues such as customary land tenure. The Kenya Wildlife Conservancies Association had developed guidelines on obtaining free, prior and informed consent for development projects.
The Endorois case had not been assessed in national courts, but four of the recommendations of the African Commission had been implemented, including the establishment of the Endorois Council to consider issues related to this community. Authorities had granted the Endorois access to Lake Bogoria to conduct traditional practices, and schools and other facilities had been developed in the region.
Related to the Ogiek case, a compliance hearing was held and a public apology was issued, and the Land Commission was hearing cases related to land distribution to the Ogiek community. Ogiek and Endorois people who had needed to relocate had been provided with compensation.
Since 2014, the Land Commission had processed 5.1 million land title claims. Legal regulations had been developed on evictions, which needed to be conducted in a humane manner. The allocation of forest land was governed by the Forest Act.
Questions by Committee Experts
GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, said the State party needed to respect the spirit of the African Court’s decisions in the Endorois case. There was a lack of effective remedies for historic violations of the rights of the Kipsigis and Talai indigenous peoples during the colonial period, who were still fighting for redress. What measures had been taken to grant these peoples redress? Was the State party pursuing redress from the United Kingdom for colonial-era violations?
The Truth and Reconciliation Commission had issued recommendations related to human rights violations occurring in recent electoral processes. Most of the recommendations were reportedly not implemented. Why was this?
The State party had policy initiatives that sought to meet the needs of persons with albinism and the social circumstances in which they lived. How was the State party guaranteeing access to justice for persons with albinism? Why had the State party failed to protect the security of persons with albinism living in border areas?
Kenya’s Legal Aid Act and the National Action Plan on Legal Aid were tremendous initiatives for promoting access to justice. The action plan ended in 2022. Had there been an assessment of the implementation of the plan? Why had a new plan not been implemented? What financial resources were being allocated to the legal aid system? In how many cases had legal aid been provided? What were the requirements for accessing legal aid? Was legal aid available in civil cases?
How would the State party implement the important initiative to recruit 30 per cent minority ethnicities in the civil service? How was the State party preventing the police from conducting racial profiling? The Committee had received reports of extrajudicial killings and torture by police forces implementing counter-terrorism legislation. Surveillance measures had been implemented against religious and ethnic minorities. How did the State party ensure that human rights were respected in the implementation of counter-terrorism measures?
What investigations had been carried out into cases of racial hate speech and racially motivated crimes, and what sanctions had been issued to perpetrators?
Responses by the Delegation
The delegation said the national plan against hate speech was adopted three years ago. It had helped to significantly reduce hate speech by artists and politicians.
Only 13 of the 47 counties had complied with the regulation on the recruitment of minorities. A plan was being developed to improve compliance with this regulation. Another audit of the national Government would soon be carried out.
The National Cohesion and Integration Commission had been mandated to facilitate the implementation of the Truth and Reconciliation Commission’s recommendations.
Kenya had developed policy documents and training to ensure that police investigations into terrorism were conducted in a manner that respected human rights. The Government was working to train prosecutors on the investigation and prosecution of police officers alleged to have committed human rights violations. There was an independent police oversight body that victims could contact to register complaints. The body forwarded cases to the Office of Public Prosecutions.
In 2022, all county election managers were trained on preventing violence and offences related to elections. This had led to a reduction of violence in the 2022 elections.
The National Cohesion and Peacebuilding Bill was in advanced stages of assessment. The State party had held hearings with civil society on the Bill and their views had been incorporated. The definition of racial discrimination in the Bill would be aligned with that of the Convention to enhance protection.
The Kipsigis and Talai communities had been forced from their land in the colonial era. Kenya had petitioned the United Kingdom Government on this issue, but the Government had passed a law limiting its liability related to colonial-era violations. Domestic court cases were currently underway regarding reparation for these violations.
The national legal aid board had around 36 officers. Financial constraints had affected its activities. The State party planned to place two legal aid officers in each county to support access to justice, especially for children in conflict with the law.
Questions by Committee Experts
GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, said it was positive that there had been training for the police on respecting human rights and that there was a civilian oversight authority for the police. How did the State party evaluate the effectiveness of training?
PELA BOKER-WILSON, Committee Expert and Country Rapporteur, said that in its judgement on the Ogeik case, the African Court on Human and Peoples' Rights stressed the relationship between indigenous peoples and their land. Conservation of land was never an appropriate reason for the eviction of indigenous peoples.
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, asked for information on the prosecution of two members of Parliament who were charged with hate speech and on the 250 cases investigated by the National Cohesion and Integration Commission in 2017 and 2018.
A Committee Expert asked how the State party investigated cases of inter-ethnic conflict. The Expert welcomed measures adopted to promote indigenous peoples’ access to health. Had the State party adopted policies to address the negative effects of climate change?
One Committee Expert called on Kenya to push back against the United Kingdom and link with reparations commissions. Committee Experts asked questions on reasons for the lack of effectiveness of efforts to address violence against persons with albinism; the possibility of conflict of interest for legal aid officers in cases where the litigant wished to sue the Government; and training provided to police officers deployed to Haiti, who had been accused of engaging in excessive use of force against indigenous peoples and minorities.
Responses by the Delegation
The delegation said the legal aid board was under the Attorney General’s Office but was semi-autonomous. The lawyers of the Office were supporting the board. The national action plan for legal aid had helped 5.7 million people to benefit from legal aid, which could be accessed via a toll-free telephone number. Legal aid was available in certain civil cases related to constitutional rights.
There were 44 hate speech cases and 14 discrimination cases filed between 2017 and 2018 that were under investigation. Over 100 cases filed in this period were pending investigation. A conviction had been issued in one hate speech case.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Country Rapporteur, said the Committee was concerned about reports of Kenyan domestic workers being subjected to abuse, sexual violence, forced labour and wage theft, especially in Gulf countries. There were cases of deaths, forced suicide, trafficking and exploitation facilitated by recruitment agencies operating without oversight. Did the State party plan to amend its Employment Act to include the protection of all migrant workers from these abuses? Did the State party have bilateral labour agreements with Gulf countries to ensure adequate protection for migrant workers and robust remedies? Were recruitment agencies sufficiently monitored? What programmes and policies were in place to combat discrimination against domestic and migrant workers?
Did the new refugee law of 2021 contain provisions for individual assessment and refugee status determination, safeguards for food and healthcare in refugee reception centres, and provisions addressing trafficking in persons, child exploitation and sexual slavery? How did the State ensure the access of refugees and asylum seekers to education, employment and integration in the community? Could the delegation provide information on the implementation of the national action plan on trafficking in persons? Was the next iteration of the plan being developed?
The Committee welcomed the State party’s immense efforts to address racial discrimination and racist hate speech. There was legislation in place to address racial discrimination, including the 2021 National Integration and Cohesion Bill, the 2018 Cybercrimes Act and the 2016 Elections Offences Act. How many complaints had been received and convictions issued for acts of racial discrimination from 2022 to 2024? What compensatory measures were provided to victims during this period?
Responses by the Delegation
The delegation said Kenya passed the Refugee Act in 2021. The Government had made efforts to ensure that refugees enjoyed their rights under the Convention. It issued identity documents allowing refugees to access education and health services even before their status determination process was concluded. The Government conducted individual assessments to identify victims of trafficking in persons and provided victims with necessary assistance. It had taken progressive steps to ensure that there was adequate food and shelter in reception centres in cooperation with United Nations. At the Global Refugee Forum 2023, the Government pledged to promote the integration of refugees and asylum seekers into host communities. Generally, asylum applications were handled on an individual basis.
The State Department for Diaspora Affairs was created two years ago. One of its key mandates was to champion the rights of Kenyans overseas. The Government had taken several measures in response to incidents occurring in Gulf countries two years ago. It had renegotiated all the State’s bilateral agreements with these countries and strengthened training for migrant workers. All recruitment agencies involved in human rights violations had been blacklisted and the Government was seeking compensation for those who had been mistreated. The Government was actively involved in the recruitment process and in-country support for migrant workers. The diaspora was a key driving force of the State’s development.
The national action plan for trafficking in persons for the period 2013 to 2017 had made several achievements. Under it, the Government had developed standard operating procedures for investigating and prosecuting cases of trafficking in persons and protecting migrant workers. The Counter-Trafficking Advisory Committee was working full time to ensure that such cases were investigated and prosecuted. The Government had developed a new national action plan on trafficking in persons covering the period 2024 to 2027.
Specialised units dealing with trafficking cases had been established within the police and prosecution services, and a manual on investigating cases of trafficking had been developed. In cases involving trafficking in children and women, perpetrators were issued heavy fines and prison sentences. There were 160 trafficking in persons cases registered in Kenyan courts, for which around 98 convictions had been issued, and plea-bargaining agreements were reached for the remainder.
The National Cohesion and Peacebuilding Act prohibited hate speech and imposed fines and prison sentences. The 2023 revision to this Act aimed to increase these penalties. Other State legislation prohibited online hate speech. Freedom of expression was also guaranteed under the Constitution. Journalists were prohibited from quoting persons who made derogatory remarks on the basis of ethnicity or race. The Government was ensuring that all cases of hate speech were investigated effectively. Prosecutors continuously received training to enhance their capacity to investigate cases involving racial discrimination. Complaints were generally handled through arbitration mechanisms.
The State party had taken several initiatives to prevent hate speech in the media. It organised intensive training for journalists and media practitioners for this purpose. Awareness raising campaigns were implemented to enhance citizens’ ability to critically analyse media discourse.
Questions by Committee Experts
PELA BOKER-WILSON, Committee Expert and Country Rapporteur, asked for more information on the case of a politician who engaged in hate speech. Was the database on electoral violence and hate speech being maintained in the post-electoral period? What reparations had been provided to trafficking victims over the reporting period? Did regulations on hate speech change from one Government to another?
Other Committee Experts asked about efforts by the State party to introduce provisions in bilateral agreements to protect Kenyan migrant workers from abuse and promote family reunification; whether Kenya was ready to allow individuals to submit complaints to the Committee; whether the mechanism to prevent genocide was running and whether it had sufficient resources to discharge its mandate; the reasons for the low number of convictions for hate speech in the State party; and the role of customary law in cases involving the eviction of indigenous peoples.
One Committee Expert congratulated Kenya on its legal arsenal supporting complainants calling for redress for racial discrimination.
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, asked how the State party ensured that data protection laws were not violated in efforts to combat hate speech. The Data Protection Commission needed to be included in the preparations for the next election.
GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, asked why the Government was still evicting various indigenous peoples from forests. Why could the Government not secure the right to life for persons with albinism living close to border areas? The Committee called on the State party to put the people first in budgetary allocations.
Responses by the Delegation
The delegation said regulations in the State party had the force of law.
In the run-up to the 2022 elections, a “wall of shame” and “wall of fame” was developed to deter politicians from using racist hate speech. The 2022 elections were the most peaceful elections the country had had as a result of Government efforts. The State party was reviewing the system in preparation for the 2027 elections. Hate speech that was penalised was speech that was already in the public domain. The State party was careful not to infringe on personal privacy. The State’s legal system placed a high threshold on freedom of expression.
Apologies, shaming and reparations were used as alternatives to criminalisation for many cases of hate speech. The Government had launched public sensitisation materials on hate speech, which had been very effective in preventing it. Kenya hosted around 40 different ethnic groups that interpreted words differently, making it difficult for courts to define hate speech. This was one reason for the low rate of conviction in hate speech cases.
The national assistance trust fund was in place to assist victims of trafficking. Reparations had been increased recently to help victims return to the country and access support services.
The bilateral labour agreements that Kenya negotiated with other countries intended to protect Kenyan migrant workers. Among the main requirements in these agreements were measures allowing for leave for workers to visit their families. Kenya was pushing for social benefits for migrant workers and financing safe houses for migrant workers who faced human rights violations. It was also fighting to reduce remittance costs to help migrant workers to send money home.
Kenya was committed to protecting the rights of persons with albinism. It had received no complaints of racially motivated attacks on persons with albinism. Robust laws prohibiting discrimination against persons with albinism had been developed. The State party provided access to specialised care for these people and to inclusive education for children with albinism. Persons with albinism were represented in the legislature, the executive and the judiciary.
The Government recognised the vital importance of protecting forests for future generations, but these efforts were not to be pursued at the expense of indigenous peoples. In 2021, a court order had been issued ordering reparation for the Sengwer community, which was forcefully evicted from their forest land. There were currently no evictions of the Ogiek or Sengwer communities being carried out. A project was underway to restore water catchment areas where indigenous peoples lived and promote sustainable agricultural practices. The Government had modernised statistical collection on environmental protection.
The Kenya National Monitoring and Evaluation Policy had been developed to assess the effectiveness of the implementation of public policies, including the Kenya Vison 2030.
Questions by a Committee Expert
GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, asked how the State party measured the success of training for civil service personnel and of public educational initiatives promoting ethnic tolerance. What human rights education programmes were provided in schools that addressed the history and cultures of the many ethnic groups in the State, including indigenous peoples?
What initiatives were in place to preserve the memory of colonial-era and post-colonial human rights violations? What activities had been held as part of the International Decade for People of African Descent? The 2021 Historical Injustices Bill had not yet been adopted by Parliament. Would it adopt the Bill soon? Had civil society contributed to the State party’s report and how did the State party plan to publicise the Committee’s concluding observations?
Responses by the Delegation
The delegation said customary law was a source of law in Kenya that applied in civil cases, provided that it did not conflict with ordinary law and the Constitution.
The Government had implemented several policies to recognise the history and culture of the State’s various indigenous peoples and ethnic groups. The Constitution recognised the right of indigenous peoples to use their own language in public life. Kenya had recently reformed its education system; the new curriculum incorporated language education and human rights education, including teaching on the history, culture and the contributions of the State’s diverse cultural groups. Various annual festivals were held to celebrate different ethnic cultural practices, and the Traditional Knowledge and Practices Act promoted the preservation of these. Various monuments had been established in honour of State heroes for their efforts to overturn British colonial rule.
The National Forest Policy aimed to increase forest cover to 30 per cent by the year 2050. There were several policies for sustainable forest management, including the Kenya Biodiversity Strategy and Action Plan. The National Land Commission’s mandate had been expanded to investigate historical injustices and complaints related to public land. The State had provided redress to some persons who had lost their land.
Kenya was a safe haven for persons with albinism fleeing from persecution in other countries in the region. It was committed to protecting these people and promoting their inclusion in society.
Various initiatives had been carried out to sensitise the public on non-discrimination practices and reporting mechanisms, including “peace caravans” that travelled around the country. Peace and cohesion were being mainstreamed in all learning institutions’ curricula. Exchange programmes and other initiatives were carried out to promote ethnic harmony in schools.
Kenya had actively called in international fora for a second International Decade for People of African Descent that reflected new and emerging issues. The State party was developing a national action plan on the promotion of human rights and the Durban Declaration and Programme of Action. The State party was pursuing informal discussions with States parties regarding the Draft Declaration on People of African Descent and on reparations for colonial-era violations.
Questions by Committee Experts
GAY MCDOUGALL, Committee Expert and Country Co-Rapporteur, asked whether the scope of the Land Act allowed for redress to be provided for colonial-era abuses. A multinational tea company filed a High Court appeal to quash the finding of the National Land Commission in relation to the land claims of the Kipsigis community, who faced abuses in the colonial period. What barriers were there to providing justice for these people?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that the State party had not submitted a follow-up report to the previous concluding observations. She called on the State party to submit this report for the current review.
PELA BOKER-WILSON, Committee Expert and Country Rapporteur, expressed concern that persons with albinism needed to be registered with the National Council for Persons with Disabilities to receive prevention kits and sunscreen. This was a barrier for persons with albinism living in rural areas to receive support. Was financial support provided for persons with albinism who were financially disadvantaged to receive cancer treatment?
Committee Experts asked questions on how the education system was contributing to encouraging the public to support Kenyan troops going to Haiti; trends in rural and urban populations and measures to support the rural population; the details of the United Kingdom law that placed the responsibility for providing redress for colonial-era abuses on Kenya; activities that were carried out by the State body for combatting gender-based violence; how ordinary and customary legal systems interacted; how the State party was working to protect persons with albinism from being trafficked; whether the mechanism for addressing mass atrocities had been implemented and whether it worked independently; whether there was a statelessness determination procedure in Kenya and whether the State party intended to ratify the statelessness convention; and what Kenya was doing to support the integration of Indo-Kenyans in society, who appeared to be residentially segregated in the State party?
One Committee Expert commended Kenya on its election as the Chair of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, while another supported the initiative to establish a Second International Decade for People of African Descent.
Responses by the Delegation
The delegation said customary law was typically only applied in cases on civil issues, whereas common law was applied in criminal cases.
The Government was committed to registering stateless persons. It had granted citizenship to thousands of members of three communities in the State in 2023. At the 2023 Global Refugee Forum, the Government had committed to ratifying the statelessness convention by 2027. All Nubian community members had been granted citizenship and the Government had issued a Nubian community land title.
The National Gender Equality Commission had made great strides in addressing gender-based violence. It collaborated with various actors to comprehensively address gender-based violence. The “Polycare Programme” trained law enforcement officers to provide support to survivors of gender-based violence.
Kenya had a devolved system of governance, which allowed county governments to ensure that development took place in marginalised communities.
The Truth, Justice and Reconciliation Commission had issued recommendations for addressing historical injustices related to land and the National Land Commission was working to implement these. The Kipsigis and Talai communities were removed from their lands by the British to make room for tea plantations. The High Court had upheld the decision of the National Land Commission regarding the restoration of land to these communities, but this decision was currently under appeal.
The Government had not received any domestic reports of trafficking in persons over the reporting period. There was no racial segregation in Kenya.
Closing Remarks
PELA BOKER-WILSON, Committee Expert and Country Co-Rapporteur, expressed appreciation for the interactive and meaningful dialogue. The delegation had provided in-depth and contextual responses. The State party needed to continue to strive to uphold human rights principles. The Committee looked forward to receiving the State’s follow-up report.
DORCAS AGIK ODUOR, Attorney General of Kenya and head of the delegation, said that the Committee’s questions and examination provided valuable perspectives that would enrich the State party’s efforts to address racial discrimination. The cooperative dialogue had allowed the State party to reflect on progress made and the challenges it faced. Kenya was proud of the progress it had made in combatting racial discrimination but recognised that there was more work to be done. The State was developing its national policy and action plan on human rights, which would protect the rights of indigenous peoples, promote land redistribution, and contribute to the fight against racial discrimination. The Committee’s recommendations would provide the State party with a roadmap to create a more just and equitable society for all Kenyans. The State party looked forward to continuing collaboration with the Committee and the international community. The delegation pledged to follow-up on the Committee’s concluding observations within one year.
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