KNCHR decries prevailing challenges amid progress in legislation

The Kenya National Commission on Human Rights (KNCHR) has expressed concerns that Kenya continues to face persistent human rights challenges, despite some progress in legislation and policy.

While reviewing the period December 2024 to December 2025, the Commission recorded 2,848 complaints.

Economic, social, and cultural (ECOSOC) rights topped the list with 1,381 cases, followed by 1,171 complaints on civil and political rights, and 299 relating to group rights.

The Commission noted that ECOSOC rights, including access to health, education, food, housing, and social protection, remained the most affected.

Despite the government allocating Sh138.1 billion to health in 2025/2026, KNCHR highlighted ongoing challenges, including limited access to healthcare, detention of patients over unpaid bills, and inadequate safeguards in digital health initiatives.

Food insecurity persisted in arid and semi-arid counties, worsened by low farm-gate prices and high production costs, threatening livelihoods and long-term food security.

“The high cost of education, overcrowded classrooms, and inadequate infrastructure continue to deny children their right to quality education, particularly in marginalised areas. The Government must act urgently to close these gaps,” KNCHR chairperson Claris Ogangah said.

Housing concerns included forced evictions, limited public awareness of affordable housing programs, and insufficient community participation in planning and implementation.

Civil and political rights also suffered during the period as the Commission documented 57 violations of the right to life, including killings during civic unrest, deaths in police custody, and fatalities from land disputes.

Freedom and security of the person were particularly threatened. KNCHR received 661 complaints, including 15 reported abductions allegedly linked to security officials.

Ogangah warned: “The resurgence of abductions, torture, and extra-judicial killings undermines public trust in security institutions and the rule of law.”

The report also highlighted restrictions on freedom of assembly, with 661 demonstrators injured and 149 arbitrarily detained during protests. Heavy police deployments, use of masked officers, and vehicles with concealed registration numbers violated court orders and eroded public confidence in law enforcement.

Freedom of expression and media rights were similarly impacted.

According to the reports, journalists faced assaults' intimidation, denial of access, and temporary shutdowns of media operations.

The Computer Misuse & Cybercrimes (Amendment) Act, 2025, was criticised for limiting digital freedoms and threatening online innovation.

The report further noted that vulnerable groups, including children, persons with disabilities, women, youth, intersex persons, refugees, and indigenous communities continue to face systemic barriers.

Children remain exposed to unsafe school environments and harmful cultural practices such as FGM, while persons with disabilities face low implementation of employment quotas and limited access to inclusive education.

The report also stated that women experience rising femicide rates, while youth encounter profiling, arbitrary arrests, and restricted participation in digital spaces.

Intersex persons face legal and medical discrimination, and refugees continue to struggle with access to labour rights and social services.

It added that Indigenous communities remain disadvantaged by delayed implementation of land restitution and resource governance decisions.

“The rights of every Kenyan are non-negotiable. Urgent interventions are needed to protect lives, livelihoods, and dignity,” Ogangah said.

The Commission also underscored the need to combat corruption, noting that it continues to undermine public service delivery and exacerbate inequality.

KNCHR called for full implementation of the Conflict of Interest Act, stronger whistleblower protection, and human rights-based recovery of public assets.

On the international front, Kenya has made progress in meeting some treaty obligations but remains behind on key reports, particularly on women’s rights and enforced disappearances.

KNCHR urged the Government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and lift reservations under the Maputo Protocol.

The report concluded that while legislative and policy gains have been made in health, housing, disability rights, and refugee protection, urgent action is needed to address inequality, youth disenfranchisement, corruption, excessive use of force, and digital repression.

 “All arms of Government, county governments, security agencies, civil society, and citizens must work together to safeguard the Bill of Rights and ensure that no one is left behind,” Ogangah emphasised.

The Commission called for strengthened access to justice, meaningful public participation, transparency, and full implementation of laws to protect the constitutional rights of all Kenyans.