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CHAPTER THREE: POLICY ACTIONS 3.1. Pillar 1: The State Duty to Protect [Page 16] Under international law, States have the primary obligation to protect against human rights abuses within their jurisdiction and territory. Pillar 1 of the UNGPs clarifies that this obligation includes protecting against human rights abuses by third parties such as businesses. In…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya´s Experience with Business and Human Rights [Page 5] Key business and human rights concerns in Kenya revolve around workplace rights, local communities and business relations, human rights and sustainable land use, human rights and sustainable environment and human rights and small- and medium-sized enterprises….

The Kenya NAP makes no reference to the Security Sector

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya’s Experience with Business and Human Rights [Page 6] Discoveries of oil and other natural resources present opportunities but also potential grounds for challenges to human rights such as those relating to sustainable land use, relations with local communities, and ensuring transparency and accountability in…

CHAPTER ONE: INTRODUCTION 1.2. The National Action Plan Formulation Process Stakeholders’ Consultations [Page 4] Given the wide range of business-related human rights concerns, the NSC identified five themes, prioritised by stakeholders, as the focus of this NAP. These are: land and natural resources, revenue transparency, environmental protection, labour rights and access to remedy. Additionally, there…

Kenya is not a member country of the OECD. The Kenya NAP makes no reference to OECD National Contact Points (NCPs)

CHAPTER ONE: INTRODUCTION Objectives of the NAP [page 11] The objectives of this NAP are: 4)   To offer a roadmap of strengthening access to State-based judicial and non-judicial remedies for victims of business-related harm.   CHAPTER TWO: THEMATIC AREAS OF FOCUS 2.6 Labour [Pages 13-14] During the stakeholders’ consultations the following concerns were identified: 6)  …

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya´s Experience with Business and Human Rights [Page 7] There is need to embed international human rights standards early into the exploration and drilling contracts, impact assessments, due diligence mechanisms and business reporting. This National Action Plan clarifies the Government’s expectation from concerned businesses in…

CHAPTER THREE: POLICY ACTIONS 3.3. Pillar 3: Access to Remedy Policy Actions [Pages 19-20] A) State-based judicial and non-judicial remedies The Government will: iii.     Provide training and support to the judicial, administrative and oversight organs on business obligations in respect of human rights. Priority will be given to the following institutions: […] Constitutional bodies…

CHAPTER TWO: THEMATIC AREAS OF FOCUS 2.4 Labour [Page 12] It is imperative that the labour market is regulated to ensure compliance with constitutional, legal and international standards. Several SDGs and ILO core conventions cover various aspects of working conditions including decent work and economic growth, reduction of inequality, quality education and gender equality. The…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.3 Land and Natural Resources [Page 12-14] Land is a prerequisite for the enjoyment of economic, social and cultural rights relating to an adequate standard of living, housing, food and natural resource benefits sharing. The Constitution states that “all land in Kenya belongs to the people…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.6 Labour [Page 13] During the stakeholders’ consultations the following concerns were identified: 6)    Lack of effective remedies for victims of labour-related grievances resulting in high prevalence of unresolved labour-related grievances. A weak enforcement mechanism, in particular inadequate number of state labour inspectors and the…

CHAPTER THREE: POLICY ACTIONS 3.1. Pillar 1: The State Duty to Protect [Page 16] […] States are expected to guarantee policy coherence across different government agencies, thereby ensuring that different state institutions are aware of and observe the State’s human rights obligations. The State’s duty in this regard includes providing these institutions with the requisite…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.3 Land and Natural Resources [Page 12-14] International human rights law guarantees against arbitrary deprivation of property and provides a standard of conduct to be followed in case of evictions. Furthermore, there are additional protections for indigenous people in recognising the unique importance, cultural and spiritual…

The Kenya NAP makes no reference to Information and communications technology (ICT) and electronics sector.

CHAPTER THREE: POLICY ACTIONS 3.2. Pillar 2: Corporate Responsibility to Respect Human Rights  Policy Actions [Page 19] c) Human rights due diligence: Require businesses to identify their human rights impacts 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,…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya’s Experience with Business and Human Rights [Pages 6-7] To develop a sustainable and equitable extractive sector, these challenges must be addressed especially since they have a far reaching impact on human rights. There is need to embed international human rights standards early into the…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.7. Access to Remedy [Pages 14-15] Despite these legal protections, the community consultations conducted as part of the NAP process revealed structural and procedural barriers to access to remedy, including: iv.    There have been instances where human rights defenders who have lodged cases against businesses,…

CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.3 Land and Natural Resources [Page 7] The NAP consultations identified the following concerns related to land, natural resource development and business: […] 2.    Lack of guidance on community consultations in the context of natural resources governance resulting in inadequate participation of local communities in…

  CHAPTER TWO: SITUATIONAL ANALYSIS AND THEMATIC AREAS OF FOCUS 2.2 Kenya’s Experience with Business and Human Rights [Pages 5-6] Under the social pillar of the Vision 2030, Kenya aims to build a just and cohesive society with social equity in a clean and secure environment. The Key sectors under the social pillar namely: […]…