Experts of the Committee on Economic, Social and Cultural Rights Commend Kenya on Developing its Social Protection System, Ask about Regressive Response to Social Protests and High Level of Country Debt
The Committee on Economic, Social and Cultural Rights today concluded its review of the sixth periodic report of Kenya under the International Covenant on Economic, Social and Cultural Rights, with Committee Experts commending the State party on developing its social protection system over the last decade, while raising questions on the State’s regressive response to social protests and the high level of country debt.
Michael Windfuhr, Committee Expert and Member of the Task Force for Kenya, said the Committee welcomed the significant development of Kenya’s social protection system over the last decade, contributing to poverty reduction, including the adoption of the social protection bill 2025.
Julieta Rossi, Committee Expert and Leader of the Task Force for Kenya, said the Committee had received extremely worrying information about the repressive State response to the episodes of social protest in June, July and August 2024, which culminated in numerous deaths and injuries, enforced disappearances, kidnappings, torture, and cases of arbitrary detentions. What measures were being taken to prevent and put an end to the illegal repression of social protest, the persecution of human rights defenders, and acts of intimidation, harassment or arbitrary detention of journalists? What was the status of investigations, criminal proceedings initiated, sanctions imposed and reparations granted to victims?
Mr. Windfuhr, asking about the debt repayment problem, said Kenya was one of the highest indebted countries. Kenya was trying to increase revenue collection, but was also lowering taxes, so how did this work? What was the national policy to discuss debt restructuring? Another Expert asked if the State party conducted assessments on the adverse impacts of tax measures? Would Kenya review regressive tax measures?
The delegation said Kenya had challenges in terms of the protests faced in the country. Young people had a right to protest but it needed to be peaceful. Some had crossed boundaries which were not permitted, including the ones that resulted in deaths. There had to be a balance between the protection of property and life, and the right to peaceful protest. It was regretful when deaths occurred. Programmes were being rolled out to educate young people and the police. Citizens as well as the police had been prosecuted for violating rights.
The delegation said the ratio of debt to gross domestic product had been increasing; to combat this, the tax base had been increased. Tax relief measures were targeting the poor and aimed to relieve those in a lower income bracket. Other measures were being instituted to ensure revenue levels went up. The debt repayment problem was a work in progress. So far, the State had not defaulted, meaning the repayment process was working.
Introducing the report, Judith Nayiai Ramaita Pareno, Principal Secretary of the State Department for Justice, Human Rights and Constitutional Affairs, Office of the Attorney General and head of the delegation, said during the reporting period, Kenya had enacted key legislation giving effect to Covenant rights, including the community land act, the water act, the health act, and amendments to the national health insurance fund act, which strengthened accountability, decentralised service delivery, and prioritised marginalised communities. The persons with disabilities act of 2025 strengthened protections and promoted full participation for persons with disabilities, while the 2025 national policy on ethnic minorities and marginalised communities improved representation, expanded access to public services, and addressed historical inequities faced by marginalised communities.
In concluding remarks, Ms. Rossi thanked the delegation for the information provided and for the constructive spirit during the dialogue. The Committee stood ready to continue engagement with Kenya and would provide constructive recommendations.
In her concluding remarks, Ms. Pareno extended appreciation for the constructive and frank dialogue. Kenya was committed to taking practical steps to strengthen the application of the Covenant for all people in the country.
The delegation of Kenya was comprised of representatives from the State Department for Justice, Human Rights and Constitutional Affairs, Office of the Attorney General; the Ministry of Labour and Social Protection; the Ministry of Education; the Ministry of Health; the Ministry of Gender, Culture and Children Services; the State Department for Environment and Climate Change; the National Bureau of Statistics; and the Permanent Mission of Kenya to the United Nations Office at Geneva.
The Committee’s seventy-ninth session is being held until 25 February 2026. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. this afternoon, Tuesday, 10 February, to begin its consideration of the sixth periodic report of Uruguay (E/C.12/URY/6).
Report
The Committee has before it the sixth periodic report of Kenya (E/C.12/KEN/6)
Presentation of Report
JUDITH NAYIAI RAMAITA PARENO, Principal Secretary, State Department for Justice, Human Rights and Constitutional Affairs, Office of the Attorney General and head of the delegation, said Kenya attached particular importance to the Covenant, as it directly informed the Government’s bottom-up economic transformation agenda: an evidence-based framework prioritising grassroots empowerment, community-driven development, and equitable resource allocation to achieve inclusive prosperity.
The reporting period was marked by unprecedented challenges, most notably the COVID-19 pandemic, with the Government acting swiftly to mitigate adverse impacts. In the aftermath, Kenya focused on building more resilient public systems through the modernisation of social protection mechanisms, the digitisation of health services, and increased domestic investment in public services.
During the reporting period, Kenya enacted key legislation giving effect to Covenant rights, including the community land act, the water act, the health act, and amendments to the national health insurance fund act, which strengthened accountability, decentralised service delivery, and prioritised marginalised communities. The persons with disabilities act of 2025 strengthened protections and promoted full participation for persons with disabilities, while the 2025 national policy on ethnic minorities and marginalised communities improved representation, expanded access to public services, and addressed historical inequities faced by marginalised communities.
Kenya had also intensified efforts to eliminate female genital mutilation. Over 20,000 frontline actors had been trained to strengthen prevention, early detection and response. Anti-female genital mutilation policies and fully costed action plans were operational across multiple counties, and the prohibition of female genital mutilation act was translated into Arabic to broaden legal awareness.
In 2023, Kenya enacted four transformative health laws: the social health insurance act, the primary health care act, the digital health act, and the facility improvement financing act. Collectively, these laws consolidated fragmented benefit schemes, established dedicated funds for primary and critical care, and strengthened equity and financial risk protection for all Kenyans. Kenya continued to uphold the right to education through free and compulsory basic education and near-universal transition from primary to secondary school. It was implementing the competency-based curriculum which focused on both practical tasks and knowledge acquisition, teacher training and parental involvement.
National employment policies, internship pathways, and digital job creation initiatives such as the Ajira Digital Programme complemented youth empowerment initiatives including the National Youth Service, the Youth Enterprise Fund and the NYOTA programme. Social protection had been strengthened through Inua Jamii, providing cash transfers to older persons, persons with severe disabilities, orphans, vulnerable children, and drought-affected households. Since 2025, coverage had expanded through the Kenya social and economic inclusion project phase II, expected to reach up to 12 million beneficiaries through integrated cash-plus and livelihood resilience programmes.
Social security coverage had also been broadened for informal sector workers through flexible contribution models under the National Social Security Fund and the Social Health Insurance Fund. The social protection act 2025 extended support to individuals facing extreme poverty, disasters, job loss, pandemics, and other economic shocks, introducing both cash and non-cash benefits such as psychosocial support, medical services, and care assistance.
The devolution of health services to all 47 counties enhanced access, equity and responsiveness. Upgraded infrastructure, expanded human resources, and improved medical equipment had strengthened national service delivery. Community health systems now reached over 90 per cent of households, supported by thousands of trained volunteers.
Kenya had moved decisively to advance a results-oriented environmental agenda. The 15 billion trees campaign placed conservation at the heart of national development. To date, over 1.5 billion trees had been planted, raising national tree cover from 12.13 per cent to nearly 14 per cent. Kenya demonstrated global leadership in advancing the Covenant’s principles beyond its borders, including through the hosting of the landmark 2023 Africa Climate Summit, producing the Nairobi Declaration on climate finance. Kenya continued its stewardship of the United Nations Environment Programme headquarters as a global hub for environmental governance.
The Government of Kenya acknowledged that challenges remained in fully realising the rights guaranteed under the Covenant. However, the State’s commitment to progressive realisation, accountability, continuous reform, and partnership with civil society and the international community remained steadfast.
Questions by a Committee Expert
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, said information received showed the extremely adverse effects on economic, social, cultural and environmental rights of austerity measures resulting from high public debt, regressive fiscal policies, and the privatisation of essential public services, especially education and health, which had deepened socio-economic inequalities and poverty. According to 2022 national data, almost 40 per cent of Kenya's population lived in poverty, particularly in arid areas, which had led to demonstrations by the youth, leading to allegations of serious violations of civil and political rights, which was seriously concerning to the Committee.
The Committee requested clarification on the scope and implications of the September 2024 ruling of the Nakuru Environment and Land Court in relation to the rights of the Ogiek people over their ancestral lands and how respect for the State's international obligations were guaranteed in this case. What measures had been adopted to guarantee equal access to administrative and judicial remedies for victims of violations of economic, social, cultural and environmental rights? How was the State party expanding geographical coverage and financing legal aid. Would Kenya adopt a new national legal aid and awareness plan? What steps were being taken to ratify the Optional Protocol to the Covenant? How were the independence and effectiveness of the National Human Rights Commission being strengthened?
The Committee had received extremely worrying information about the repressive State response to the episodes of social protest in June, July and August 2024 that followed the finance bill that sought to impose taxes on basic necessities, as well as the protests of June 2025. This action culminated in numerous deaths and injuries, enforced disappearances, kidnappings, torture, and cases of arbitrary detentions, including of human rights defenders and journalists, and episodes of violation of freedom of expression, as reported by the Kenyan National Human Rights Commission and multiple other sources.
What measures were being taken to prevent and put an end to the illegal repression of social protest, the persecution of human rights defenders, and acts of intimidation, harassment or arbitrary detention of journalists? Could statistical data on deaths, injuries, detainees or missing persons be provided? What was the status of investigations, criminal proceedings initiated, sanctions imposed and reparations granted to victims?
Could details be provided on the status of implementation, resource allocation, and evaluation mechanisms of the 2022 national action plan on business and human rights? What measures were being taken to ensure that companies, including transnational corporations, respected human rights and applied due diligence processes? What was the current regulatory framework and its practical application? Which projects were being implemented under this framework? Could the delegation comment on the situation of the landmark court case concerning the transport corridor project between the port of Lamu, South Sudan and Ethiopia?
Were there plans to achieve a reduction in greenhouse gas emissions by 35 per cent by 2035, as well as on financing mechanisms for mitigation, adaptation and remediation? What were the implementation and financing plans for the national adaptation plan 2015-2030, monitoring indicators, and disaster risk reduction strategies and early warning systems. The Committee had received worrying information on forced evictions, dispossession and displacement of indigenous peoples, including the Endorois, Ogieks and Sengweres peoples, through the use of force, destruction of property and confiscation of livestock, and the slow pace of land registration and demarcation processes under the community land law 2016. Could information on this situation be provided? Could recent episodes of evictions be explained? What measures were adopted to ensure the consultation and effective participation of indigenous peoples in decisions that affected them?
The Committee expressed concern about the persistent inequality in access to land, particularly for women; the slow pace of land restitution; and the resolution of overlapping claims between formal and customary systems. What measures were being taken to expedite the resolution of claims and delivery of titles by the National Land Commission, strengthen registration and titling systems, and address historical injustices related to land? What measures were envisaged to ensure debt sustainability and that debt repayment did not undermine the realisation of Covenant rights? How were legislative control, social participation and transparency guaranteed in any debt commitment? How was Kenya establishing a progressive tax system? Did Kenya plan to conduct and publish a human rights impact assessment of economic, fiscal and debt reforms, with meaningful social participation?
What were the budget allocations and their effective implementation in health, education, housing, water and sanitation, and social protection over the past five years? What was being done to ensure the effective implementation of the recently adopted persons with disabilities act? The Committee was concerned about the criminalisation of consensual sexual relations between adults of the same sex. What measures were being adopted to decriminalise this, recognise same-sex marriage, and combat discrimination against lesbian, gay, bisexual, transgender and intersex persons? What was being done to ensure that refugees and migrants were able to exercise their economic, social and cultural rights without discrimination? What measures was the State party taking to improve women's access to educational and economic resources? What actions had been taken to increase land titles for women heads of households?
Responses by the Delegation
The delegation said the Constitution was the supreme law of Kenya. Kenya recognised traditional territories through several pieces of legislation. The Ministry of Land and the National Land Commission continued to prepare community registers and issue community titled documents. Measures had been taken to strengthen the rights of indigenous and marginalised communities, including through facilitating the development of welfare counsels which allowed participation in processes around ancestral land. The Endorois biocultural community protocol affirmed the communities’ rights in benefits sharing, while safeguarding rights to social sites.
An independent police oversight authority was in place, enabling independent investigations. The national coroners service was being equipped to help investigate unexplained deaths in the country. The victim protection board was mandated to pass regulations to identify victims and set up a compensation fund. The Kenyan courts often granted judgements on victims, and specialised courts also dealt with issues pertaining to victims. The courts’ jurisdictions had been expanded to handle these matters in an efficient manner. The national legal aid service had been rolled out with a toll-free helpline, enabling people to seek access to justice. The alternative justice system also complemented the activities of the courts in this regard. The courts also offered pro-bono services for those requiring representation.
Kenya had developed the first national action plan on business and human rights, and was currently developing a human rights due diligence framework. There had been a progressive increase in the budget allocation for the National Human Rights Commission. Commissioners applied for the position and were vetted by parliament, with candidates then passed over to the President for election.
Kenya had challenges in terms of the protests faced in the country. Young people had a right to protest but it needed to be peaceful. Some had crossed boundaries which were not permitted, including the ones that resulted in deaths. There had to be a balance between the protection of property and life, and the right to peaceful protest. It was regretful when deaths occurred. Programmes were being rolled out to educate young people and the police. Citizens as well as the police had been prosecuted for violating rights.
The Government had updated the sustainable waste management act 2021 and expanded renewable energies as a means of mitigating against climate change. Kenya was also trying to increase use of electric vehicles and offered programmes such as drought resilience in certain counties. Early warning systems for farmers were also being brought in as an adaptation measure.
Tax relief measures had been implemented by the Government, reducing corporate and value-added taxes amongst others. Reforms had been implemented in revenue collection to ensure an increase in the tax base. There had been growth in the total public expenditure for health.
Most historical injustices were based on land issues and as such the marginalised policy had been rolled out to address historical injustice. Several laws had been adopted to tackle issues of tax evasion and corruption, including the whistleblowers law and the launch of civilian committees to fight corruption, among others.
The law on same-sex relationships still had not been passed, but the Constitution guaranteed all other rights to this group equally under the law. Kenya had the largest refugee camps in Africa and was trying its best to ensure the rights of all those in the camps. The succession law recognised the right to women to own land.
Questions by Committee Experts
MICHAEL WINDFUHR, Committee Expert and Member of the Task Force for Kenya, asking about the debt repayment problem, said Kenya was one of the highest indebted countries. Kenya was trying to increase revenue collection, but was also lowering taxes, so how did this work? Kenya had new institutions that needed funds. What was the national policy to discuss debt restructuring? How was the reduction of funds received from some United Nations agencies affecting the country?
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, asked if a new policy on persons with disabilities would be drafted? According to Oxfam, the richest 125 persons in Kenya had more wealth than three quarters of the population. What challenges did the country face in adopting measures to address these vast inequalities? Kenya had made progress in drafting information on the socio-economic situation of the population. Had progress been made on gathering disaggregated data on the most vulnerable groups? Were there plans to ratify the Convention against Enforced Disappearance?
A Committee Expert said the Committee noted that the State party had increased the value-added tax rate and reduced tax exemptions on certain goods such as bread and essential items. Information indicated that this had led to rising costs and adverse effects on families living in poverty. Did the State party conduct assessments on the adverse impacts of tax measures? Would Kenya review regressive tax measures?
Another Expert asked for the position of the State on all the Optional Protocols to all Conventions, including the Covenant? Was there a commission or institution in the Government that followed up on the recommendations of the treaty bodies? Was there information on specific cases where protection had been provided as a result of discrimination in Kenya?
Responses by the Delegation
The delegation said the ratio of debt to gross domestic product had been increasing; to combat this, the tax base had been increased. Tax relief measures were targeting the poor and aimed to relieve those in a lower income bracket. Other measures were being instituted to ensure revenue levels went up. The debt repayment problem was a work in progress. So far, the State had not defaulted, meaning the repayment process was working.
Several funds, including the Women’s Development Fund, had been launched to bring everyone to a better place in society. An exemption was passed this week, exempting persons from certain lower thresholds from paying tax. Kenya strove to disseminate the recommendations of each treaty body to the people, and to implement them into public policies.
Kenya had established a robust and independent court system which provided remedies for violations, ensuring economic, social and cultural rights were enforced domestically. The State was currently undertaking work to ensure the criminalisation of enforced disappearance. Kenya had ratified the Inclusive Data Charter, mandating questionnaires to ask questions on the status of disability. This had been implemented within all data collection initiatives throughout the counties. When surveys and censuses were carried out, the country could generate statistics on persons with disabilities, for future policy use.
Questions by a Committee Expert
MICHAEL WINDFUHR, Committee Expert and Member of the Task Force for Kenya, welcomed that the State party had adopted the Inclusive Data Charter, partnering with the United Nations in this regard although some data was missing. The Committee welcomed the State party’s efforts to expand access to financial literacy, social protection registration, and business development support, among them financial support for 120,000 women-led microenterprises. However, close to 80 per cent of workers were employed in the informal sector and that was a concern. What targeted steps were being taken to reduce work in the informal sector? How would Kenya facilitate fair and equal access of refugees, as well as lesbian, gay, bisexual, transgender and intersex communities to the formal labour market?
The Committee was deeply concerned that the global modern slavery index estimated 328,000 cases of modern slavery across Kenya in 2023 and cases of forced labour remained in sectors such as domestic work, agriculture, fishing, cattle herding, street vending and begging. What was being done to address this? Could the fact that over 500 prosecuted cases had not resulted in convictions be explained?
The Committee welcomed the State party’s continued commitment to combat child labour, including the adoption of policy measures, but was concerned that child trafficking in farming, fisheries, begging and for sex work in the coastal region of Kenya still constituted the main category of trafficking cases reported in the country. How was the State planning to rectify this? How was safe accommodation for child victims of trafficking and forced labour, especially those from rural and marginalised communities, guaranteed? Concerning trafficking, how did the State ensure adequate early identification and protection for victims of labour and sexual exploitation, especially among children and migrants?
The Committee welcomed the enactment of the persons with disabilities act 2025 as well as efforts undertaken to improve employment opportunities for persons with disabilities. However, in 2024, only four per cent of public institutions and less than two per cent of businesses in the private sector met the mandated 5 per cent reservation of employment for people with disabilities. What measures were foreseen to increase the employment rate for persons with disabilities? Concerning labour inspections, what follow-up and monitoring processes after inspections were in place, once inspectors observed harmful conditions and practices?
The Committee commended the efforts of the national sexual and gender-based violence working group, but it had received reports about still high numbers of underreported cases of sexual and gender-based violence, especially against female informal and domestic workers. What was the current status of the national police service response installed by the Government in 2022? Had there been further progress on the backlog of these cases in the judiciary?
What measures had the State party taken to combat the gender wage gap in the informal and formal sector? The Committee noted that the Kenyan employment act did not entail specific provisions on domestic work; how would this problem be dealt with at the national level? The Committee remained concerned by the exploitative working conditions of Kenyan domestic workers in the Gulf and Middle East region, and the lack of mechanisms to protect them in the countries where they worked. How was it ensured that the rights of these workers were taken care of? How did the State party ensure fair and transparent elections of union officials and the representation of marginalised groups among workers?
The Committee welcomed the significant development of Kenya’s social protection system over the last decade, contributing to poverty reduction, including the adoption of the social protection bill 2025. What steps had been undertaken to include vulnerable groups into social protection systems?
Responses by the Delegation
The delegation said the Government had recently increased the number of labour inspectors to deal with terms of work and occupational safety and health. A programme had also been put in place for capacity building of inspectorate staff. Kenya recognised the importance of domestic workers and laws existed to protect this group. However, these were not comprehensive and the Government was working to address this. The Government had negotiated a bilateral agreement with Saudi Arabia specifically for domestic workers, providing a framework for their protection. There were similar agreements with Qatar and the United Arab Emirates, and plans for agreements with seven other countries.
A programme of ethical recruitment had been undertaken, which included training of private agencies. A curriculum had been developed specifically for domestic workers, enabling them to receive professional certificates. Cases had been brought forward to the labour courts which had enforced the rights of domestic workers. Kenya had ratified the International Labour Organization convention on the minimum wage, which had been domesticated in the labour employment act.
The social protection act 2025 extended support to those facing extreme poverty and other economic shocks, providing both cash and non-cash benefits. Between 2021 and 2025, Kenya’s social protection programmes recorded growth in older persons, vulnerable children and those with disabilities. Women consistently represented the most beneficiaries across all categories. Kenya protected personal data through the data protection act, enforced by the Office of the Data Protection Commissioner.
Kenya had 69 registered trade unions, with six of these led by women Secretary-Generals. Trade unions represented anyone in their relevant sector without discrimination. There had been cases where the court had pronounced that dismissal on account of freedom of association was incorrect, and people had been reinstated. There had also been cases where persons right to participation in a strike was protected. In some instances, workers enjoyed higher pay because of verdicts handed down by the courts.
Where employers had been identified by labour inspectors as violating rights, these cases were taken to court, or employees and employers engaged in mediation mechanisms. Before a migrant worker proceeded to work, they were required to have their contract evaluated through attestation, where it was confirmed that it did not violate the minimum wage requirement. In many instances, workers had been paid in arrears.
There was a national policy to transform issues related to the youth, which had been rolled out over the last three months. It included grants, job trainings and prior learning recognition. This programme was being implemented throughout the country by the President, the Department of Youth, and small and medium enterprises. The Government had rolled out training programmes within various departments, with young people reporting for internship programmes. A study was being launched which brought young people together to engage in sports and other activities.
Questions by Committee Experts
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, asked about the new policy for care in the informal sector; did measures aim to bring movement towards a public care system which distributed care duties between men and women? How was reasonable accommodation for persons with disabilities ensured in the public and private sectors? What were the participation levels of women with disabilities in public and political life? The Committee had received information that there was a climate of hostility toward lesbian, gay, bisexual, transgender and intersex persons. Was there explicit prohibition for discrimination based on gender identity? Were there Ombudsman’s offices which addressed this? What had been the result of filed complaints in this regard?
MICHAEL WINDFUHR, Committee Expert and Member of the Task Force for Kenya, asked what had been the key findings of the Labour Inspectorate in areas like the mining sector?
Another Committee Expert asked for updated data on the number of individuals working in the informal sector? What were other efforts made to move individuals into the formal sector? Had there been adjustments to the minimum wage?
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, asked if the State party provided data on the actual use of statutory maternity, paternity and adoptive leave in public and private sectors? What was the impact of the measures taken to address child labour? What concrete measures were being taken to prevent and eliminate the involvement of children in the production of tea, coffee, sugarcane, tobacco and miraa, artisanal and small-scale mining and quarrying? How did the State party ensure that children exposed to hazardous substances were identified, protected and provided with appropriate health and rehabilitation services?
What steps were being taken to effectively prevent, investigate and sanction child marriage, and to address its root causes? What targeted measures were being implemented to address poverty among vulnerable groups? How were current policies ensuring access to adequate and nutritious food for all? What measures were being taken to mitigate the combined impact of climate-related shocks, high food prices and economic pressures to ensure access to food? How did the State party plan to address persistently high levels of hunger and malnutrition, especially among children? What steps had been taken to improve housing conditions in rural areas, arid lands and informal urban settlements? How was it ensured that forced evictions were carried out only as a last resort and in full compliance with international standards?
What measures were being taken to ensure safe and sufficient water for domestic use and adequate sanitation for all? How did the State party address the continued reliance on unclean water sources, and the resulting exposure to waterborne diseases? What was the status and implementation of the national water and sanitation policy? How was Kenya strengthening the implementation of climate adaptation measures to protect the enjoyment of economic, social and cultural rights? What measures were in place to address the loss of livelihoods, displacement, food insecurity and health risks linked to climate-related shocks? How did the State party ensure that marginalised groups were effectively protected and supported in climate adaptation efforts?
How did the State party plan to address chronic underfunding, inadequate infrastructure and shortages of health personnel within the healthcare system?
What measures were being taken to reduce inequalities in access to health services and decentralise mental health care? How would the sustainability of continuing health programmes that were heavily reliant on international aid be assessed, considering donor funding reductions? What measures were being taken to address substance abuse, especially among young people?
What was being done to combat stigma and discrimination against persons living with HIV? What measures were being taken to ensure access to modern contraception, particularly for women and adolescent girls in disadvantaged situations? How would the State party ensure access to sexual and reproductive health services and how did it address reports of unsafe abortion practices linked to legal barriers, lack of services and stigma? How was the high prevalence of teenage pregnancies being addressed?
Responses by the Delegation
The delegation said the Kenyan Government was clear that children should not be exploited to produce goods and services. Kenya had ratified various conventions in this regard and put in place special measures to promote education. Education access and enrolment had improved over the years. A survey for child labour had been initiated by the Government, and committees had been set up to tackle this issue, with a focus on rural areas. Significant training was being undertaken in certain counties to combat child labour, and the national policy against child labour was currently being reviewed. Another action plan for the next 10 years was also being prepared in this regard. Often children assisted their parents in farms in rural areas.
Youth representatives were required in the Senate, as well as representatives of persons with disabilities. Some parties had an entire disabilities section to represent the interests of persons with disabilities. While there was no provision in law discriminating against people in same sex relationships/marriages, these kinds of relationships were not permitted under the law.
Kenya’s Constitution had provided for a fund to bring those who were marginalised or left behind to the standards of everyone else and give them equal opportunities and health cover. The State had several acts related to safety at the workplace and was considering International Labour Organization conventions in this regard. The Government was working to ensure equal treatment of income across the country. A study had been undertaken regarding the use of time by individuals in households, focusing on the amount of time women and men were investing in unpaid domestic and care work and estimate its value. This study had been able to provide statistics to the national care policy. The policy was at an advanced stage of being passed, and a labour force survey would be conducted again, including a module on time use.
The delegation said Kenya was aware that there was an increasing number of people, including youth, who had gained employment on platforms such as Uber and Bolt. For this reason, the Government had tried to create a framework for a broadened legislation in terms of rights and obligations. A law review process had been initiated to provide greater protection for workers in this sector. The Government had also developed an all-inclusive digital work policy, and formed a trade union for this sector.
The Government had acceded to Alliance 8.7 in 2024 to reinforce its commitment to eliminating child labour. A survey on child labour had been conducted, which would be released soon. Additionally, a roadmap had been developed up to 2030 focused on this issue, which included measures to strengthen Government capacities. A programme had been launched in which employers provided scholarships and feeding programmes for vulnerable children in schools. In 2025, there were 371 cases of withdrawal of child labour, from sectors including agriculture, domestic work, the hotel industry, and garbage collection, among others. Certain pesticide products which contained harmful chemicals had been banned. More than 109,000 workers in hazardous work situations were examined in 2025.
A taskforce had released a report on gender-based violence in Kenya, which had provided recommendations, including mandatory CCTV in public places, legislation on citizen responsibility, and the amendment of the Penal Code to define femicide as a distinct offence, among others. There had also been recommendations to deal with the backlog of cases in court, by ensuring these kinds of cases were concluded within six months maximum.
Kenya continued to implement the counter trafficking in persons act. In 2024, the national action plan on counter trafficking was launched, focusing on victim protection and strengthening partnerships to address transnational networks. More than 85 cases had been taken to trial, resulting in 34 convictions. There were also safehouses for reintegrating victims back into society. A fund had been established to provide financial, legal and psychosocial support to victims.
The delegation said the Government did not have a single consolidated data unit for the employment sector, but administrative records were maintained across the public and private sectors. Kenyan courts had consistently enforced maternity and paternity health care rights. Proposals had been launched to extend paternity leave beyond the current 14 days, as well as options for shared leave. Free basic education policies ensured that children were in school, regardless of their age. School attendance was tracked, and reintegration was ensured in cases of school dropout. The Government engaged in targeted labour inspections, case management, and reintegration back in school, as a means of combatting child labour.
Kenya had taken specific steps to prevent child marriage and address its root causes, including the establishment of specialised anti-female genital mutilation and child marriage fast track units, to accelerate work on these kinds of cases. Intervention measures, including raising the minimum age of marriage to 18, had resulted in a 10 percent decline in child marriage from 2013 to 2023.
To address persistent poverty among vulnerable communities in Kenya, the Government had adopted several measures, including a bi-monthly cash transfer programme for the poor and vulnerable, the Kenya Social Economic Inclusion Programme, and a World Bank funded programme which aimed to provide hundreds of young people with skills and financial grants, among others.
Food poverty remained stable in Kenya, despite severe drought and global food insecurity. Policy intervention measures had been put in place, including fertiliser subsidy programmes, drought mitigation support, and strengthening of strategic food resources. The downward trend in malnutrition, a 15 per cent drop in recent years, was evidence of the fulfilment of children’s right to adequate food.
The affordable housing programme in Kenya was being implemented to improve access to housing for low-income households. Several steps had been taken to ensure adequate and decent housing in rural areas, including through providing free construction machines and cheaper materials, and providing rural loans with a lower interest rate. The Government adopted a “no forced eviction unless unavoidable” policy. Extensive consultations were undertaken before any eviction decisions were made.
Kenya was implementing a programme in drought-prone areas, including semi-arid areas, providing drought resistant seeds to affected communities. Committees had been established in each county to distribute funds to those most impacted by climate change.
Health workers had been strengthened in the country with an increase in medical doctors, nurses, and other health workers. Community based care had been expanded for mental health services, and workers had been trained to deliver mental health services. Regarding programmes which had been reliant on international aid, Kenya had striven to strengthen domestic funding and ensure the continuous availability of medicines. Kenya was enhancing monitoring to improve data and treatment outcomes for those with HIV/AIDS. Sensitisation and public awareness initiatives addressing harmful stereotypes fuelling stigma and discrimination had been carried out by the State.
Questions by Committee Experts
MICHAEL WINDFUHR, Committee Expert and Member of the Taskforce for Kenya, asked if a systematic land overview would help to address malnutrition rates and land use conflicts? What were the key areas of biggest concern when it came to climate change, for instance urban water supply?
A Committee Expert asked what the variables were when it came to establishing poverty rates? Were there specific measures in place when it came to addressing population groups in rural areas with regards to multidimensional poverty? Data had shown that food insecurity had increased to around 63 per cent in 2024, which was concerning.
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, asked what measures were being undertaken to adopt legal and safe abortion techniques? How was the Criminal Code being reformed and harmonised with the Constitution? Were there measures to avoid discrimination in access to health care for lesbian, gay, bisexual, transgender and intersex persons? Could they access gender affirmation treatment? The Committee had received information on thousands of individuals as a result of the prolonged drought in 2023 and floods in 2024, and that the Government response was not effective. What had been done to ensure the rights of these climate refugees? What were the lasting and long-term solutions being implemented by the State in this regard?
Responses by the Delegation
The delegation said the Government had implemented a national sexual reproductive health policy, grounded in human rights principles and gender equality. It improved access to family services, maternal health care and post abortion care. The Government continued to ensure the availability of post abortion care facilities in public health facilities.
Kenya was implementing several strategies in relation to malnutrition, including breast feeding promotion. Iron and folic acid were also provided by the Government to pregnant women. The early nutrition strategy was being implemented which encouraged communities to consume diverse and nutritious food through vegetable gardens. A project called the national education platform for food security and nutrition was working to consolidate data for the country under the area of nutrition, to inform decision-making processes.
A project had been developed which enabled Kenya to provide daily updates on weather updates, through an early warning system, helping to mitigate against climate shocks.
A Kenyan identity card permitted access to education and healthcare. There was no discrimination against anyone, regardless of their sexual orientation, when it came to accessing these services. Eviction regulations were being developed to ensure safe and proper evictions. There were 291 constituencies in Kenya and each one had a fund dedicated to combatting poverty. The Government was aiming to address the deficit of two million houses within the city.
Questions by Committee Experts
GUISEPPE PALMISANO, Committee Expert and Member of the Taskforce for Kenya, asked how the budget for education was calculated and whether it took into account the sector's actual needs? Did the increase in the allocation per learner take account of all such hidden costs? Did the budget allocation for public education take into account the crucial need for teacher recruitment and remuneration? Could data be provided?
Access to upper secondary education in Kenya was increasingly characterised by a de facto reliance on boarding schools, which had serious consequences for the enjoyment of the right to education. In response to the lack of formal education opportunities, communities and organizations established non-formal schools to meet the needs of out-of-school children and young people, recognised as alternative provision of basic education and training. What measures had been adopted to align the policy and registration guidelines of these schools with the requirements for an adequate education system, and to ensure that these schools were registered and monitored for compliance with the guidelines for basic education institutions?
In regions like the arid and semi-arid lands, access to education remained limited due to persistently low enrolment and attendance rates and a lack of educational infrastructure. What measures had been adopted to address the issues of educational accessibility and availability in remote rural areas? Was the Ministry of Education conducting a targeted audit of school infrastructure, staffing levels and accessibility issues, to guide targeted investment in classrooms, sanitation facilities and teacher deployment in underserved areas?
Had any measures been considered to improve the realisation of inclusive education for children with disabilities? Were there ongoing measures to progressively phase out special schools and invest in consistent training for teachers in inclusive education?
While the Constitution and the 2025–2035 national policy on ethnic minorities and marginalised communities formally recognised and safeguarded the land, resources and cultural identities of indigenous and marginalised communities, these groups, including the Ogiek, Sengwer, Yaaku, Endorois, Maasai and Turkana continued to face structural discrimination. What measures had been adopted in recent years to protect and promote the cultural and linguistic identity of indigenous and ethnic minorities, in accordance with the Constitution and the national policy on ethnic minorities?
How was the Government responding to the high rates of teenage pregnancy which caused girls to drop out of school? Cases had been reported of students experiencing harassment and bullying at schools due to their sexual orientation; could the delegation comment on this? What measures were in place to guarantee the security of schools and prevent violence by military forces? What concrete measures had been adopted to improve access to the internet?
Another Expert asked for information on university education, including the number of students? Was it free or did students have to pay fees? What was the language of teaching and was Arabic included? Did the Government send students to study abroad and if so, where?
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, asked what measures were being adopted to fully eradicate female genital mutilation? Was data available on this? How was free, prior and informed consent for indigenous persons ensured on the issues which affected them? Were there measures to guarantee access to sexual and reproductive health for persons with disabilities? Did persons with disabilities have access to social housing? What regulations were in place regarding accessibility?
A Committee Expert asked if the crackdown on cases of female genital mutilation was becoming stronger?
Responses by the Delegation
The delegation said the financing of education in Kenya had increased over the years. In the financial year 2025 to 2026, the budget increased to more than 16 per cent of the total national budget of the country. The national education policy aimed to reform education by integrating training into the formal curriculum, to enhance inclusivity for vulnerable learners. The Government had implemented measures to ensure access and retention of all learners across the country to education. A one hundred per cent transition policy ensured that all learners who transitioned from one level to another were kept in school. A programme for nomadic interventions included mobile schools, designed to follow migrating communities. During the 2024/2025 financial year, the Government had built 23,000 classrooms across Kenya to ensure learners transitioning to grade 10 were able to find a well-equipped school. Under a World Bank programme, the Government planned to construct more than 200 laboratories in schools by June 2026.
The ethnic minority and marginalised policy ensured a focal point for these groups in each Government ministry. Under the policy, there were priorities including investing in vocational training for pastoral communities, and to amend the election and political parties act to ensure their representation, and promote civic education and leadership programmes, among others. The policy also mandated the development of a database to track ethnic minorities resources use for sustainable management and resource sharing. There were also priorities to protect culturally significant sites and languages. The policy comprehensively addressed the rights of the Ogiek, Sengwer, Yaaku, Endorois and Maasai peoples. Hardship allowances were also provided to teachers to encourage them to teach in remote areas.
The Government had undertaken several interventions to address teenage pregnancy, including the reintroduction of girls who had dropped out of school due to being pregnant. The right to education was applicable to all and there was no discrimination based on gender, race or sexual orientation.
The basic education bill aimed to ensure each county board was responsible for handling the issue of security in schools. The Ministry of Education was working in partnership with multiple organizations to ensure connectivity in schools. The Ministry had partnered with other Governments to offer scholarships for students to study abroad.
Detailed data was being collected on female genital mutilation in 22 hotspot counties to provide up to date and detailed data at the county level. The prevalence of female genital mutilation had declined from 38 per cent in 1998 to 15 per cent in 2022. An increased budget had been allocated to combat female genital mutilation. Expulsion from schools due to sexual orientation of students, and bullying such persons was not permitted. These acts, and other violent acts in school were condemned and should not happen.
Kenya had a national environmental tribunal which had handed down a landmark case in 2025. Free, prior and informed consent was mandated for all land-based projects, with 40 per cent of proceeds required to be paid to indigenous communities. Kenya had established a multisectoral committee bringing together multiple Government agencies, the judiciary and civil society groups, which had designed a roadmap of activities leading to ratification of the International Labour Organization convention, with gaps identified. The State remained optimistic that ratification might occur this year.
The Government had mandated that at least five per cent of housing was reserved for persons with disabilities. Any household with a person with a disability received a cash transfer every month and was not required to pay tax.
Kenya’s Government had undertaken significant reforms to align with global agricultural standards, prioritising nutrition-sensitive spending. Strategic frameworks aimed to raise small-scale farmer incomes by 35 per cent and expand agricultural gross domestic product.
Closing Remarks
JULIETA ROSSI, Committee Expert and Leader of the Task Force for Kenya, thanked the delegation for the information provided and for the constructive spirit during the dialogue. The Committee had heard about progress, as well as the remaining challenges, including public debt, and the privatisation of essential services, leading to unrest in the country, protests and subsequent violations of rights. It was hoped that the State party would adopt measures to address these structural problems. The Committee stood ready to continue engagement with Kenya and would provide constructive recommendations. Ms. Rossi thanked all those who had made the dialogue possible.
JUDITH NAYIAI RAMAITA PARENO, Principal Secretary of the State Department for Justice, Human Rights and Constitutional Affairs, Office of the Attorney General of Kenya and head of the delegation, extended appreciation for the constructive and frank dialogue. The State party valued the depth of the Committee’s questioning, and the dialogue had reinforced Kenya’s commitment to reinforcing economic, social and cultural rights in the country. The delegation had noted the Committee’s concerns regarding fiscal policy and indigenous peoples land rights, among others, which would inform policies in the State party. Kenya was committed to taking practical steps to strengthen the application of the Covenant for all people in the country.
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CESCR26.002E