Human Rights Due Diligence – Kenya

CHAPTER ONE: INTRODUCTION

1.1 Overview

Objectives of the NAP [Page 11]

The objectives of this NAP are: …

3) To offer a roadmap of strengthening access to State-based judicial and non-judicial remedies for victims of business-related harm and to promote human rights due diligence by businesses, ensuring that they play their role in the attainment of SDGs in a manner that respects human rights.

 

CHAPTER THREE: POLICY ACTIONS

3.1. Pillar 1: The State Duty to Protect

Policy Actions [Page 21]

The Government will:

1) introduce a requirement for conducting Human Rights Due Dilligence [sic], before approval of licences/permits to businesses …

3.2. Pillar 2: Corporate Responsibility to Respect Human Rights [Page 23-24]

Human rights due diligence is the primary tool that ensures that businesses identify the human rights risks of their activities, take measures to avoid or mitigate them, and where the harm has already occurred, ensure that the victims have access to an effective remedy.

There is no mandatory requirement for human rights due diligence. Businesses, including state-owned enterprises, have not embraced the practice of engaging those whose rights are most likely to be impacted by their operations.

b) Human Rights Policy commitments [Page 23]

The Government will:

1. require business to adopt human rights policies, including taking measures to ensure their operations respect human rights, including by providing access to remedy for human rights violations;

c) Human rights due diligence [Page 24]

The government will require businesses to carry out comprehensive human rights due dilligence [sic] including through conducting comprehensive and credible human rights impact assessments before they commence their operations and continuously review the assessment to ensure that they prevent, address and redress any human rights violations. Such impact assessment should involve meaningful consultation with potentially affected groups and other relevant stakeholders and include particular gendered impacts.

 

CHAPTER FOUR: IMPLEMENTATION AND MONITORING

4.1. SUMMARY OF POLICY ACTIONS [Annex] 

Strategic Objective Policy Actions Responsible Actor(s)
Strategic Objective 1:

Enhance existing policy, legal, regulatory and administrative framework for ensuring respect of human rights by business through legal review and development of specific guidance for business

Consider a review of the Companies’ Act 2015 to require mandatory periodic human rights due diligence review for business activities with significant negative risks to the environment, host communities and workers.

 

 
Strategic objective 2:

Enhance understanding of the obligation of business to respect human rights

Encourage businesses to conduct comprehensive and credible human rights due dilligence [sic] before they commence their operations and continuously review the assessment to ensure that they prevent and redress human rights violations.