Kenya’s Human Rights Record Under Scrutiny at UN Council
Kenya’s human rights record is set to be examined on May 1, 2025, by the United Nations Human Rights Council (UNHRC) during the Universal Periodic Review (UPR) in Geneva, Switzerland. This will mark the fourth time Kenya undergoes the peer review process since 2010, a procedure that all UN member states undergo every 4.5 years.
The review will take place during the 49th Session of the UPR Working Group, comprising the 47 Member States of the Human Rights Council. However, the process allows participation from all 193 UN member countries.
Kenya’s previous UPR took place in January 2020, with earlier reviews conducted in January 2015 and May 2010. The upcoming session will see the Working Group assess Kenya’s human rights situation based on a national report, submissions from civil society, human rights institutions, and treaty bodies.
Ahead of the session, numerous stakeholders made submissions highlighting key human rights issues in the country. The Kenya National Commission on Human Rights (KNCHR) acknowledged some progress, such as the abolishment of the death penalty. However, the Commission raised concerns about continued torture, impunity, and the government’s failure to implement previous UPR recommendations.
Freedom of the press remains precarious, especially during demonstrations. KNCHR and other stakeholders have decried increased threats against journalists, as well as the lack of legal frameworks to protect human rights defenders. Moreover, budgetary allocations in critical sectors such as education, healthcare, and human rights institutions were found to be insufficient.
The Assembly and Demonstration Bill currently before the National Assembly has also sparked concern due to its potential to curtail the right to protest. The UNHRC has received damning reports regarding extrajudicial killings, enforced disappearances, and abductions allegedly perpetrated by security agencies.
One submission noted that investigative agencies continue to face challenges such as inadequate forensic capacity and poor evidence handling, undermining accountability for such violations. The International Commission of Jurists (ICJ) also criticized Kenya’s underfunded judiciary, which has hindered effective justice delivery.
In a significant legal shift, the Supreme Court abolished the mandatory death penalty for murder, resulting in a wave of re-sentencing applications by previously condemned inmates.
Ironically, Kenya was elected to the Human Rights Council in October 2024, for a three-year term. The election, presided over by Philemon Yang, President of the 79th UN General Assembly, came despite strong opposition from domestic human rights organizations. These groups cited systemic violations, including extrajudicial killings, enforced disappearances, and police brutality—particularly during the 2024 anti-tax protests that left 60 people dead, according to the Independent Policing Oversight Authority (IPOA).
As Kenya prepares to defend its record, the upcoming review is likely to place the spotlight on the Kenya Kwanza administration and its commitment to upholding the rule of law and fundamental freedoms. The findings and recommendations of the UPR Working Group could shape both domestic and international perspectives on Kenya’s human rights journey moving forward.
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Kenya’s Human Rights Record Under Scrutiny at UN Council