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2 E. African J. Hum. Rts. & Democracy 120 (2004)
On the Independence of the Kenya National Commission on Human Rights: A Preliminary Comment

handle is hein.journals/eajhrd2 and id is 129 raw text is: EAJHRD Vol. 2 No.2 June 2004 ppl20-129 ISSN 1686-900X
Copyright @ EAHRI, Printed in Kenya

On the Independence of The Kenya National
Commission on Human Rights: A Preliminary Comment
KITHURE KINDIKI
Introduction
Tremendous progress has been made in relation to the protection and promotion of
human rights throughout the world. Nevertheless, accounts of human rights violations
continue to be a major feature in many countries, particularly in Africa.' In most
instances, such violations are directly attributable to states and their governments.
In order to curb human rights violations, approximately 100 countries worldwide have
established national human rights institutions to serve as 'independent' bodies for the
protection and promotion of human rights at the national level. Of these institutions, 24
are in Africa.2 Kenya is one of the latest countries to establish a national human rights
institution - the Kenya National Commission on Human Rights (hereafter cited as such or
simply as the 'Commission', - through an Act of Parliament that became law during 2003
(hereafter, the 'Act' or the '2003 Act'. This contribution examines this Act with a view to
establish the extent to which, the Commission's independence is secured.
The Kenya National Commission on Human Rights
An important step towards the protection and promotion of human rights in Kenya was
taken when the Commission was established through the 2003 Act. Its functions are to
protect and promote human rights through a variety of methods: investigation of
complaints of human right violations suo motr, visiting and inspecting the conditions of
prisons and detention places; providing human rights education to the public through

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