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E/C.12/KEN/CO/2-5 United Nations Economic and Social Council Distr.: General 6 April 2016 Original: English Committee on Economic, Social and Cultural Rights Concluding observations on the combined second to fifth periodic reports of Kenya* 1. The Committee on Economic, Social and Cultural Rights considered the combined second to fifth periodic reports of Kenya on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/KEN/2-5) at its 8th and 9th meetings (E/C.12/2016/SR.8-9), held on 25 and 26 February 2016, and adopted the following concluding observations at its 20th meeting, held on 4 March 2016. A. Introduction 2. The Committee welcomes the combined second to fifth periodic reports submitted by the State party, despite the long delay in submission, and the supplementary information provided in the replies to the list of issues (E/C.12/KEN/Q/2-5/Add.1). The Committee also appreciates the constructive dialogue held with the State party’s interministerial delegation. B. Positive aspects 3. The Committee welcomes the incorporation of Covenant rights in the 2010 Constitution and the rulings of the High Court that recognize these rights. 4. The Committee also welcomes the adoption by the State party of the following: (a) Basic Education Act, 2013; (b) Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012; (c) Kenyan Citizenship and Immigration Act, 2011; (d) Prohibition of Female Genital Mutilation Act, 2011; (e) Counter-Trafficking in Persons Act, 2010. * Adopted by the Committee at its fifty-seventh session (22 February-4 March 2016). GE.16-05359(E) *1605359*

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Concluding observations on the combined second to fifth periodic reports of Kenya

Concluding Observations

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Country

Kenya

Rights Involved

Right to adequate housing
Right to adequate standard of living
Right to education
Right to equality and a fair trial
Right to food
Right to health
Right to social security
Right to water and sanitation
Right to work
Rights of indigenous peoples
Rights of migrants/non-citizens
Rights of persons with disabilities
Rights of the child
Rights of women and girls

Issue

Non-discrimination
Participation
Progressive realization
Resource allocation
Resource expenditure
Resource generation
Transparency

International Human Rights Body

Committee on Economic, Social and Cultural Rights

Date: Apr 6, 2016

Summary: In their Concluding Observations of Kenya, the CESCR provides recommendations to the State party on the range of ESCR, including measures to promote non-discrimination. On resources, the Committee recommends that the State party take all the measures necessary to combat illicit financial flows and tax avoidance with a view to raising national revenues and increasing reliance on domestic resources. It also recommends that the State party increase the level of public funding, at both the national and county level, to ensure the progressive realization of economic, social and cultural rights, particularly the rights to housing, water and sanitation, social security, health and education, and that the State party make all efforts to improve its budget execution process with a view to spending all the allocated funding in a timely, effective and transparent manner. It further recommends that the State party strengthen its investigation of cases of corruption and the prosecution of those involved in corruption by enhancing the investigative capacity of the anti-corruption body and public prosecutors and ensuring the independent functioning of the Ethics and Anti-Corruption Commission.

Primary Documents

E:C.12:KEN:CO:2-5.pdf
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