Attorney General defends Kenya's human rights record

Kenya has come under renewed international pressure to address a wide range of human rights violations as the United Nations Human Rights Council issues recommendations during the country’s latest Universal Periodic Review (UPR) in May 2025.

The recommendations, presented during the 49th session of the Human Rights Council in Geneva, reflect growing concerns about Kenya’s commitment to upholding fundamental rights and freedoms.

Universal Periodic Review is a UN process where UN member states undergo a peer review of their human rights records.

The process is undertaken after every 4.5 years at the UNHRC in Geneva, Switzerland.

In the 2025 review, 122 delegations delivered statements and made recommendations, resulting in Kenya receiving 339 recommendations.

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The government, through the Attorney General Dorcas Oduor, committed to implement 232 and noted 106 recommendations, and pledged to provide the response to one recommendation before the 60th session of the Human Rights Council.

Kenya’s human rights record was last reviewed under the third cycle of the UPR process on January 23, 2020 and received 319 recommendations. Of these, the government committed to implement 263 of them before its next review.

Notably, the number of recommendations has remained alarmingly high in 2025 compared to the 319 issued in the 2020 review, signaling that many previous concerns remain unresolved.

Countries raised red flags on several critical issues, including Gender-Based Violence, extrajudicial killings, restrictions on civic space, violence against children, and discrimination against marginalized groups.

One of the most dominant themes in the recommendations was gender-based violence, particularly the rise in femicide cases, sexual violence, and harmful practices like female genital mutilation (FGM) and child marriage.

Despite having laws such as the Protection Against Domestic Violence Act (2015) and the Prohibition of FGM Act (2011), enforcement remains weak, and access to justice for survivors is often hindered by stigma, fear, and lack of resources.

On civil and political rights, Kenya was urged to investigate widespread reports of extrajudicial killings, enforced disappearances, and police brutality, especially during protests and law enforcement operations.

Countries such as Switzerland, Sweden, and Australia specifically called on Kenya to hold security agencies accountable and uphold the right to peaceful assembly.

The review also exposed growing concern over Kenya’s shrinking civic space. Multiple delegations expressed alarm over attacks on journalists, human rights defenders, and protestors.

“Following widespread protests in 2024, we continue to encourage the authorities to protect civic space and media freedom, and the right to peaceful protest, as enshrined in Kenya’s Constitution,” said Eleanor Sanders, UK Human Rights Ambassador and Deputy Permanent Representative to the UN.

The UK particularly called on William Ruto’s administration to strengthen anti-corruption and counter-illicit finance laws and practices, including protecting whistle blowers, and passing and implementing the Conflict-of-Interest Bill.

Further they recommended for implementation of the two-thirds gender principle in all elective or appointive bodies, with particular focus on the 2027 elections.

Ireland and Austria called on the Kenyan government adopt clear laws and policies to protect the right to peaceful assembly, and ensure that police do not use excessive force against protesters.

To protect the independence of the Kenya National Human Rights Commission, Bulgaria, Mauritania, Georgia, South Africa, Morrocco, Sweden, called on Kenya to ensure the institution adequately funded to enable the recruitment of staff, establishment of regional offices and implementation of its mandate.

Kenya also faced strong criticism for its continued criminalization of same-sex relations under sections 162 and 165 of the Penal Code.

Countries including Spain, Brazil, and Iceland called for decriminalization and legal protection of LGBTQ+ individuals from violence and discrimination.

On sexual and reproductive health rights, Kenya was urged to increase investment in maternal health and consider legal reforms to expand access to safe abortion services.

While progress has been made in rolling out universal health coverage, disparities persist, particularly in rural areas.

Kenya’s Attorney General said the government was committed to implementing the majority of human rights recommendations made during the review.

Speaking during the review session, Oduor emphasized that the government would engage in an inclusive process involving various stakeholders to ensure the recommendations reflect national values and realities.

“We take all comments and recommendations made in good faith, fully aware that these contributions will enrich and improve the human rights situation in Kenya,” said Oduor.

She stated that the government will provide a detailed position on each recommendation before the final adoption of the report during the Human Rights Council’s 60th session.

Kenya is facing growing scrutiny from civil society and the international community over its human rights record.

Human rights organisations have raised concerns about police brutality during protests, shrinking civic space, and the government’s attempts to introduce restrictive legislation.