Human rights in Kenya internationally maintain a variety of mixed opinions; specifically, political freedoms are highlighted as being poor and homosexuality remains a crime. In the Freedom in the World index for 2017, Kenya held a rating of '4' for civil liberties and political freedoms, in which a scale of "1" (most free) to "7" (least free) is practiced.

History

Jomo Kenyatta (1964 – 1978)

During the first post-independence presidency of Kenya, under the leadership of the late President Jomo Kenyatta, state security forces harassed dissidents and were suspected of complicity in several murders of prominent personalities deemed as threats to his regime, including Pio Gama Pinto, Tom Mboya and J.M. Kariuki. MP and Lawyer C.M.G. Argwings-Kodhek and former Kadu Leader and minister Ronald Ngala who died in suspicious car accidents 25 December 1972 .

Daniel Arap Moi (1978–2002) The Daniel Arap Moi administration consistently received international criticism for its record on human rights. Under Moi's leadership, security forces regularly subjected opposition leaders and pro-democracy activists to arbitrary arrest, detention without trial, abuse in custody, and deadly force.

International aid donors and governments such as the United States, Germany, the United Kingdom, and Norway periodically broke off diplomatic relations and suspended aid allocations, pending human rights improvement.

Emilio Stanley Mwai Kibaki (since 2002) Since 2002, under the late Mwai Kibaki's presidency, politically motivated human rights violations have diminished, but other serious human rights abuses persist, a great many at the hands of security forces, particularly the police. The police force is widely viewed as the most corrupt entity in the country, given to extorting bribes, complicity in criminal activity, and using excessive force against both criminal suspects and crowds. Most police who commit abuses still do so with impunity. Prison conditions remain life-threatening.

Apart from police and penal system abuses, infringements of rights in the course of legal proceedings are widespread, despite recent pressure on judicial personnel. Freedom of speech and of the press continue to be compromised through various forms of harassment of journalists and activists.

Violence and discrimination against women are rife. The abuse of children, including in forced labor and prostitution, is a serious problem. Female genital mutilation (FGM) remains widespread, despite 2001 legislation against it for girls under 16. The abuse of women and girls, including early marriage and wife inheritance, is a factor in the spread of human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS).

Kenya made some progress in 2003, when it set up a national human rights institution, the Kenya National Commission on Human Rights (KNCHR), with a mandate to ensure Kenya's compliance with international human rights standards. Also, parliament passed the Children's Act to ensure the protection of minors, as well as the Disability Act, outlawing discrimination against the disabled.

In November 2005 the Kenyan government banned rallies of opposition parties, rejecting calls for new elections. Vice President Moody Awori stated: The government considers these calls for nationwide rallies inappropriate and a threat to national security ... Accordingly, the government will not allow the planned rallies and wananchi (citizens) are cautioned not to attend the meetings.

On 3 June 2007, two days after President Mwai Kibaki stated that Mungiki members "should expect no mercy", about 300 Mungiki members were arrested and at least 20 killed. John Michuki, at the time Minister for Internal Security, publicly stated following the killings, "We will pulverize and finish them off. Even those arrested over the recent killings, I cannot tell you where they are today. What you will certainly hear is that so and so's burial is tomorrow".Untranslated original: Tutawanyorosha na tutawamaliza. Hata wenye wameshikwa kwa kuhusiana na mauaji ya hivi majuzi, siwezi nikakwambia wako wapi leo. Nyinyi tu mtakuwa mkisikia mazishi ya fulani ni ya kesho. See Cry of Blood reference. In the KNCHR's Cry of Blood – Report on Extra-Judicial Killings and Disappearances published in September 2008, the KNCHR reported these in their key finding "e)", stating that the forced disappearances and extrajudicial killings appeared to be official policy.

In The Cry of Blood report, the KNCHR's first key finding "a)" was that "the evidence gathered by the KNCHR establishes patterns of conduct by the Kenya Police that may constitute crimes against humanity.

On 5 March 2009, two of the human rights investigators involved in the investigations documented in the report, Oscar Kamau Kingara and John Paul Oulu, were assassinated. Their assassinations were attributed by non-governmental organisations to the security forces.

In 2009 and 2010, Samburu people suffered severe human rights violations.

The following chart shows Kenya's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House.

Historic ratingsA rating of 1 is "free"; 7, "not free". Year Political Rights Civil Liberties Status President 197254Partly FreeJomo Kenyatta 197354Partly FreeJomo Kenyatta 197454Partly FreeJomo Kenyatta 197555Partly FreeJomo Kenyatta 197655Partly FreeJomo Kenyatta 197755Partly FreeJomo Kenyatta 197854Partly FreeDaniel arap Moi 197954Partly FreeDaniel arap Moi 198054Partly FreeDaniel arap Moi 198155Partly FreeDaniel arap Moi 198255Partly FreeDaniel arap Moi 198355Partly FreeDaniel arap Moi 198465Partly FreeDaniel arap Moi 198565Partly FreeDaniel arap Moi 198665Partly FreeDaniel arap Moi 198766Not FreeDaniel arap Moi 198866Not FreeDaniel arap Moi 198966Not FreeDaniel arap Moi 199066Not FreeDaniel arap Moi 199166Not FreeDaniel arap Moi 199245Partly FreeDaniel arap Moi 199356Not FreeDaniel arap Moi 199466Not FreeDaniel arap Moi 199576Not FreeDaniel arap Moi 199676Not FreeDaniel arap Moi 199766Not FreeDaniel arap Moi 199865Not FreeDaniel arap Moi 199965Not FreeDaniel arap Moi 200065Not FreeDaniel arap Moi 200165Not FreeDaniel arap Moi 200244Partly FreeMwai Kibaki 200333Partly FreeMwai Kibaki 200433Partly FreeMwai Kibaki 200533Partly FreeMwai Kibaki 200633Partly FreeMwai Kibaki 200743Partly FreeMwai Kibaki 200843Partly FreeMwai Kibaki 200944Partly FreeMwai Kibaki 201043Partly FreeMwai Kibaki 201143Partly FreeMwai Kibaki 201244Partly FreeMwai Kibaki 201344Partly FreeUhuru Kenyatta 201444Partly FreeUhuru Kenyatta 201544Partly FreeUhuru Kenyatta 201644Partly FreeUhuru Kenyatta 201744Partly FreeUhuru Kenyatta 201844Partly FreeUhuru Kenyatta 201944Partly FreeUhuru Kenyatta 202044Partly FreeUhuru Kenyatta 202144Partly FreeUhuru Kenyatta 202244Partly FreeWilliam Ruto 202344Partly FreeWilliam Ruto

International treaties Kenya's stances on international human rights treaties are as follows:

International treaties Treaty Organization Introduced Signed Ratified Convention on the Prevention and Punishment of the Crime of Genocide United Nations1948—— International Convention on the Elimination of All Forms of Racial Discrimination United Nations1966—2001 International Covenant on Economic, Social and Cultural Rights United Nations1966—1972 International Covenant on Civil and Political Rights United Nations1966—1972 First Optional Protocol to the International Covenant on Civil and Political Rights United Nations1966—— Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity United Nations1968—1972 International Convention on the Suppression and Punishment of the Crime of Apartheid United Nations19731974— Convention on the Elimination of All Forms of Discrimination against Women United Nations1979—1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment United Nations1984—1997 Convention on the Rights of the Child United Nations198919901990 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty United Nations1989—— International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families United Nations1990—— Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women United Nations1999—— Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict United Nations200020002002 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography United Nations20002000— Convention on the Rights of Persons with Disabilities United Nations200620072008 Optional Protocol to the Convention on the Rights of Persons with Disabilities United Nations2006— International Convention for the Protection of All Persons from Enforced Disappearance United Nations20062007— Optional Protocol to the International Covenant on Economic, Social and Cultural Rights United Nations2008—— Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure United Nations2011——

Press freedom

Under British rule The seeds of the press, and media in general, were planted by English missionaries colonizing Kenya. The basic function of the publications, such as The Taveta Chronicle, Leader, and Uganda Mail was to disseminate British news and create a sense of legitimacy for the English missionaries. These practices continued with the introduction of the radio in 1928. However, press rights for native Kenyans were severely limited. Any opportunities for native Kenyans to access the press were used to make pleas for their freedom from colonial rule.

After independence Individual press freedoms for the citizens of Kenya were still rather limited after they gained Independence. The new Kenyan government took control of most forms of the media in order to spread their vision of Kenyan ideals. However, at this time privately owned newspapers, such as the Standard emerged, although these private entities were still subject to governmental control and censorship.

2010 Constitution The newest Constitution of the Kenyan government for the first time fully enumerated some individual rights to expression and information. However, there is a lack of unilateral freedom of expression for Kenyan citizens. Amongst the most notable omissions from the enumerated rights is the right to express propaganda for war or an incitement of violence. Moreover, the Kenyan government still retains some control over the spread of dissenting ideas during wartime. In the realm of media specifically, the Constitution prohibits the government from interfering with the spread of truthful information or with any individual's right to access to that information. The government nonetheless sets standards for media content and regulates the enforcement of those rules.

Present-day press rights