E/C.12/KEN/CO/2-5 Forced evictions 47. The Committee reiterates its concerns that pastoralist communities and persons living in informal settlements are under constant threat of eviction due to the lack of legal security of tenure and that forced evictions continue without prior notice and provision of adequate alternative housing or compensation. It is also concerned that the State party has not yet enacted a legislative framework to recognize and protect communities’ right to land and to explicitly prohibit forced evictions and define the circumstances and safeguards subject to which evictions may be carried out, despite the decisions of its own domestic courts (art. 11). 48. The Committee recommends that the State party take concrete steps to guarantee security of tenure for all, including residents of informal settlements. It also recommends that the State party prioritize the enactment of the Community Land Bill and the Evictions and Resettlement Bill. The Committee further recommends that the State party implement judicial orders that provide remedies to victims of forced evictions as a matter of priority and adopt a moratorium on mass evictions at the national level until adequate legal and procedural safeguards are in place. The Committee draws the attention of the State party to its general comment No. 7 (1997) on the right to adequate housing: forced evictions and the 2007 basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18). Water and sanitation 49. The Committee is concerned at the insufficient access to safe drinking water and adequate sanitation with huge disparities between urban and rural areas, and formal and informal settlements. It is also concerned at the lack of effective regulation of water prices, particularly unregistered small-scale water vendors, and at the high prices that people living in informal settlements and rural areas have to pay for water (art. 11). 50. The Committee recommends that the State party increase the budgetary allocation to improve access to water and sanitation, particularly in urban informal settlements and rural areas. It also recommends that the State party intensify its efforts to effectively regulate water prices and ensure compliance, particularly by small-scale water vendors, with the tariff guidelines, which were set by the Water Services Regulatory Board. Access to health-care services 51. The Committee is concerned at the inadequate budget allocation to the health sector, very limited coverage of the National Health Insurance Fund and the significant share of out-of-pocket payments in health expenditure, which limit access to health for disadvantaged and marginalized persons. The Committee also regrets the regional disparities in access to health-care services and the delay in enacting the Health Bill, implementing the decision of the High Court in P.A.O. and 2 others v. Attorney General (2012) and amending the Anti-Counterfeit Act, 2008 (art. 12). 52. The Committee recommends that the State party take concrete measures to enhance access to health services, particularly for disadvantaged and marginalized individuals and groups, including through increasing budgetary allocation to the health sector and expanding the coverage of the National Health Insurance Fund. It also recommends that the State party expeditiously adopt the Health Bill and amend the Anti-Counterfeit Act, 2008. 8

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