GENEVA, Switzerland – Kenya will undergo its fourth Universal Periodic Review (UPR) by the United Nations Human Rights Council (UNHRC) on May 1, 2025, a peer review process that examines the country’s human rights records.
The review will be conducted at the UNHRC headquarters in Geneva and will consider Kenya’s progress and challenges since its last review in January 2020.
The UPR is a mechanism through which the human rights records of all 193 UN member states are reviewed every 4.5 years.
This year, Kenya will be evaluated alongside 13 other nations, with the examination set to be conducted by the UPR Working Group, which includes all 47 member states of the UNHRC.
The review process will involve an examination of Kenya’s national report, which includes input from independent human rights experts, civil society groups, and international organizations.
Key stakeholders, including the Kenya National Commission on Human Rights (KNCHR), have submitted detailed reports ahead of the review, raising concerns and highlighting progress in various human rights areas.
Key Issues for Discussion
Among the progress highlighted by the KNCHR is the abolition of the death penalty in Kenya, a significant human rights achievement.
However, the KNCHR also pointed out persistent issues such as torture, impunity, and the safety of journalists during demonstrations, areas where Kenya continues to fall short of its human rights obligations.
Stakeholders have also raised concerns regarding Kenya’s failure to address key issues recommended in the 2020 UPR, particularly extrajudicial killings and enforced disappearances.
The report cites numerous instances of police officers allegedly involved in abductions, with the necessary investigations and prosecutions often delayed or lacking altogether.
The failure to effectively address these human rights violations has prompted strong criticism from various national and international bodies.
The International Commission of Jurists (ICJ) also expressed concerns about the underfunding of Kenya’s judiciary, which has resulted in delayed justice and overcrowded prisons.
The abolition of the mandatory death penalty for murder cases, which has led to a backlog of re-sentencing applications, has further strained the judicial system.
Lack of Action on Recommendations
One of the most significant concerns raised by stakeholders is Kenya’s inability to implement the 2020 UPR recommendations effectively.
This includes the failure to address widespread extrajudicial killings and the lack of a law to protect human rights defenders.
Human rights bodies and international observers continue to call for a more robust approach to addressing these issues.
Additionally, the introduction of the controversial Assembly and Demonstration Bill, currently before the National Assembly, has raised alarm among rights groups, with fears that it may restrict freedom of assembly and expression, further infringing on the rights of citizens to engage in peaceful protests.
Kenya’s UNHRC Membership Under Scrutiny
Kenya’s election to the UNHRC in October 2024 has been met with mixed reactions, particularly from human rights organizations that have voiced concerns about the country’s human rights record.
Critics of Kenya’s bid argue that the country’s ongoing human rights violations, particularly extrajudicial killings and police brutality, should have disqualified it from securing a seat on the prestigious council.
Human rights bodies have pointed to the 2024 anti-tax protests as a key example of the country’s failure to uphold basic human rights.
The protests, which saw 60 deaths and were marked by violent clashes between demonstrators and security forces, have drawn international condemnation.
The Independent Policing Oversight Authority (IPOA) recorded these deaths, but there has been little action to hold those responsible accountable.
