A/HRC/30/39/Add.2
I. Introduction
1.
The former Special Rapporteur on the human right to water and sanitation, Catarina
de Albuquerque,1 undertook an official visit to Kenya from 22 to 28 July 2014, upon an
invitation from the Government, to examine the progress made and remaining challenges in
ensuring the full realization of the human rights to water and sanitation in the country.
During her mission she had the opportunity to meet with different interlocutors, including
the Principal Secretary of the Ministry of Health and representatives of the Ministry of
Foreign Affairs, the Ministry of Water and Irrigation and the Office of the Attorney
General. She also met with local authorities of Kisumu County and Turkana County. She
had meetings with a commissioner of the Kenya National Commission on Human Rights,
the chief executive officer of the Water Services Regulatory Board, civil society
organizations and bilateral and multilateral donors. She visited Kibera, an informal
settlement in Nairobi, as well as several schools and communities in the country, and talked
with community leaders, school pupils, teachers, water providers and health practitioners in
Nairobi, Kisumu County (Kisumu city and Nyango subcounty), Homa Bay County
(Kanyadhiang) and Turkana County (Lodwar city and Lolupe).
2.
The Special Rapporteur expresses her appreciation to the Government of Kenya for
the cooperation shown before and during the mission. She also thanks the United Nations
country team, in particular the Office of the United Nations High Commissioner for Human
Rights, for the support and assistance provided. Lastly, the Special Rapporteur wishes to
thank all the people who took the time to meet with her and to help her better understand
the situation of access to water and sanitation in Kenya.
3.
As at 2012, Kenya had achieved coverage of 62 per cent with regard to access to
improved water sources and 30 per cent with regard to access to improved sanitation.2
Access to sanitation is a major challenge throughout the country. While the overall rate of
access to water is increasing, access in urban areas has been decreasing owing to the growth
of the population, and disparities are significant between formal and informal settlements
and among wealth quintiles.
II. Legal, institutional and policy frameworks
A.
Legal framework
4.
At the international level, Kenya has ratified the main international human rights
instruments, including the International Covenant on Economic, Social and Cultural Rights,
the Convention on the Elimination of All Forms of Discrimination against Women, the
Convention on the Rights of the Child and the Convention on the Rights of Persons with
Disabilities. Therefore, it has a legal obligation to take concrete and deliberate steps to
ensure the progressive realization of the human rights to water and sanitation. The
Government also has an immediate obligation to ensure access to water and sanitation
facilities and service on a non-discriminatory basis, especially for disadvantaged or
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2
The present report is submitted by Léo Heller, who took up his functions in December 2014, after the
mission to Kenya took place. All references to the Special Rapporteur in the present report are
therefore to Ms. de Albuquerque.
World Health Organization (WHO) and United Nations Children’s Fund (UNICEF), Progress on
Drinking Water and Sanitation: 2014 Update (2014). Available from
www.wssinfo.org/fileadmin/user_upload/resources/JMP_report_2014_webEng.pdf.
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