Kenya

Kenya’s standing national mechanism for implementation, reporting and follow-up (NMIRF) is the National Committee on International and Regional Human Rights Obligations. It is composed of a wide range of ministries and institutions and is supported by a permanent secretariat. The mechanism is mandated to report to and follow up on recommendations from UN and regional human rights mechanisms.

INSTITUTIONAL SETUP

The National Committee on International and Regional Human Rights Obligations was established by Gazette notice No. 2925. of 29 March 2019.

Composition

The Committee includes:

1. Office of Attorney-General and Department of Justice
2. Ministry of Labour and Social Protection
3. Ministry of Public Service, Gender and Youth Affairs
4. Ministry of Foreign Affairs
5. Ministry of Health
6. Ministry of Lands and Physical Planning
7. Ministry of Transport, Infrastructure, Housing and Urban Development
8. Ministry of Education
9. Ministry of Interior and Co-ordination of National Government
10. Kenya National Bureau of Statistics
11. Office of the Director of Public Prosecutions
12. Independent Policing Oversight Authority
13. Kenya Prison Service
14. National Police Service
15. Kenya National Commission on Human Rights
16. National Gender and Equality Commission
17. Council of Governors
18. Judiciary

Focal points are officially appointed through letters to the Attorney General.

Secretariat

The secretariat comprises of officers from the Office of the Attorney-General and Department of Justice. Terms of Reference are attached to the Gazette notice.

MANDATE

The mandate of the NMIRF includes:

• Reporting to UN Treaty Bodies, the Universal Periodic Review and regional mechanisms
• Follow up and implementation of recommendations;
• Contributing to legislative changes.

Challenges include staff turnover, limited resources, and need for continuous training, advocacy and public engagement.

The national mechanism:

• Engages with UN Treaty Bodies, UPR, and regional mechanisms.
• Uses an implementation matrix to collect and validate data.
• Reports are validated by a larger group including NMIRF members.
• Coordination with the Ministry of Foreign Affairs and Geneva Mission.

Process for preparing state reports

The lead coordinating agency coordinates with the different implementing agencies seeking information/data that is then compiled by the lead. The practice has been to develop an implementation matrix, that identifies the issue/recommendation. The relevant agency responsible for the same, updates and provides the information/data necessary. After completion/compilation of the report, it is validated by a larger group including members of the national mechanism. One way to ensure reports are submitted on time is to include it in the performance contract but essentially, preparations should start early through the development of an implementation matrix.

COORDINATION

The committee meets when reports are due or during dissemination of recommendations from treaty bodies.

Linkages with the 2030 Agenda and its Sustainable Development Goals

There is no specific linkages with the SDGs as the latter are under the purview of different institutions not necessarily as NMIRF.

Channel of communication with the National Statistics Office

The National Statistics Office is a member of the NMIRF.

Channel of communication with Parliament

Parliament is called upon during the validation of reports and the dissemination of concluding observations of UN Treaty bodies.

Channel of communication with the Judiciary

Representatives from the Judiciary are members of the NMIRF.

Local and regional governments

The Council of Governors represents federated states in the NMIRF. There are no adequate resources to consult/engage in all counties. The engagement is with the Council of governors as they oversee and coordinate the 47 counties.

CONSULTATION

A comprehensive list of stakeholders to be consulted has been developed, allowing for organized engagement. Input from stakeholders is generally collected efficiently, and the dissemination of recommendations has proven to be a practical and effective practice. Additionally, a national call for input is circulated, fostering broader participation.

The National mechanism uses an implementation matrix and email for tracking.

Following the 3rd Universal Periodic Review cycle, the Committee worked on an implementation matrix and adopted a clustered approach (UPR recommendations and TB recommendations), determined the corresponding implementation agency (and partners to allow for the necessary consultation processes to take place), identifying specific actions to implement these recommendations and providing a timeframe aligned with the UPR cycle. The matrix facilitated the preparation of a mid-term report. As Kenya’s UPR coincided with its “tax cycle,” it was easy to develop an implementation plan/matrix with activities that could be budgeted. The plan linked recommendations and actions with indicators that would help monitor the progress of such implementation (information shared during the Cross-regional workshop for English speaking countries in Africa- Tanzania- 1-3 October 2024).

A memorandum of understanding was signed between the National Statistics Office and the National Human Rights Institution to help streamline human rights in data collection and production.

Office of the Attorney- General & Department of Justice- Kenya