The Importance of The Kenyan National Commission On Human Rights
The Kenya National Commission on Human Rights (KNCHR) is an independent national human rights institution created to promote and protect human rights in Kenya.
The KNCHR was established in 2003 as part of Kenya’s efforts to create independent institutions that could promote and protect human rights. The Commission was formed as part of a broader constitutional and legislative reform process that came about at the end of the Moi Era in 2002. During this period, civil society organizations and human rights defenders demanded for democratic reforms and an end to the historical human rights violations that had gone on during previous political regimes.
The legal foundation of the KNCHR came about initially under the Kenya National Commission on Human Rights Act, 2002. This Act laid the foundation for its establishment as an autonomous national human rights institution aimed at promoting and protecting human rights in Kenya. The KNCHR then became a Constitutional Commission when the 2010 Constitution established it under Article 59. It was operationalized by the Kenya National Commission on Human Rights Act of 2011. This ensures its autonomy as it operates independently from the government, which is crucial if it is to be an effective watchdog and advisory body.
The KNCHR Mandate:
The mandate of the Kenya National Commission on Human Rights is defined in the Constitution as an independent institution that promotes, protects and monitors the observance of human rights in Kenya.
- Promotion of Human Rights: The KNCHR is tasked with promoting human rights through public education, awareness campaigns and training programs. The Commission conducts research on human rights issues and then publishes reports that are used as recommendations to improve current laws and policies.
- Protection of Human Rights: The KNCHR has the authority to investigate complaints of human rights violations, whether committed by state actors (police or military) or non state actors (corporations or private individuals). The Commission also monitors Kenya’s adherence to its national and international human rights obligations by reviewing laws and policies for compliance. The KNCHR can also provide redress and seek justice for victims of human rights abuses by conducting investigations and making appropriate referrals to the relevant agencies for actions. It can prosecute, but it can recommend criminal or civil proceedings against perpetrators.
- Advisory Role to Government: The KNCHR advises the government on human rights issues in relation to policies and laws. The Commission advocates for the enactment and implementation of policies that respect and promote human rights. As part of Kenya’s commitment to international human rights standards, it is the KNCHR that takes care of the country’s reporting obligations to international and regional bodies on matters concerning human rights.
- Monitoring Elections: The KNCHR monitors elections to ensure they are conducted in a manner that respects human rights, including freedom of expression, freedom of assembly and freedom from violence.
- Observing Human Rights in Crisis Situations: The KNCHR actively monitors human rights in times of crisis such as during national disasters, periods of political unrest or public health emergencies, to ensure the vulnerable are protected.
- Collaborating with other Human Rights entities: The KNCHR collaborates with NGO’s, community based organizations and other civil society entities involved in human rights work. The Commission also works with regional and international human rights bodies.
The KNCHR Accomplishments:
Since its establishment, the KNCHR has played a critical role in advancing human rights in Kenya through various initiatives and interventions:
- Constitutional Reforms: The KNCHR contributed significantly to the drafting of the 2010 Constitution, which strengthened human rights protections and promoted democratic governance.
- Addressing Police Brutality: The KNCHR has conducted investigations into police brutality and extrajudicial killings. It has documented incidents, publicly called for accountability and advocated for reforms within the police force.
- Advocating for Minority Rights: The Commission has supported marginalized communities, including women, children and persons with disabilities by highlighting discrimination and advocating for policy changes.
- Monitoring Elections: The KNCHR has been instrumental in monitoring elections to ensure that they are free, fair and respectful of human rights. It has called out instances of electoral violence while providing recommendations for improvements.
- Public Awareness Campaigns: KNCHR frequently runs awareness campaigns on issues like gender based violence, the rights of refugees, freedom of expression and economic rights to educate the public and ensure broader participation in rights advocacy.
While the KNCHR may face some challenges such as budget constraints and political resistance, it has played an important role in shaping a more just and equitable society. The Commission on Human Rights remains indispensable in ensuring that the principles of human rights remain at the forefront of national discourse and practice.
