For consideration at the 21st session of the UN Working Group in January–February 2015
14 June 2014
1. ARTICLE 19 welcomes the opportunity to contribute to the second cycle of the Universal Periodic Review (UPR) of Kenya. The submission considers Kenya’s compliance with its international human rights obligations in respect of freedom of expression, information and association since the last UPR on the 6 May 2010.
2. During its first UPR review, Kenya accepted the following recommendations on freedom of expression and information, namely to:
- Review its national legislation on freedom of expression so that it fully complies with the relevant provisions of the International Covenant on Civil and Political Rights, and ensure the effective protection of human rights defenders against harassment or persecution;
- Enact as a matter of urgency the Access to Information Bill;
- Investigate harassment and attacks against journalists and human rights defenders in order to bring those responsible to justice;
- Extend an invitation to the Special Rapporteur for human rights defenders.
3. This submission presents an overview of ARTICLE 19’s assessment of the State’s implementation of these recommendations and makes recommendations to further improve Kenya’s compliance with international obligations. In particular, it focuses on:
- Cooperation with international human rights mechanisms
- Access to information
- Legal framework for freedom of expression
- Attacks, harassment, and intimidation of journalists and human rights defenders
- Freedom of expression online
- Freedom of association