The formulation of the National Policy and Action Plan on Human Rights marks an important milestone in the national strive towards the fulfilment, respect, observance, promotion and protection of human rights. The National Policy and Action Plan gives effect to Chapter Four of the Constitution, which is the legal and constitutional framework on human rights in Kenya. The successful implementation and operationalization of Chapter Four requires the development and adoption of an overarching coherent policy framework that sets human rights goals and priorities within achievable time frames and provides guidance to all actors regarding the specific tasks that need to be accomplished to ensure that human rights principles are integrated and mainstreamed in all aspect of the Government’s developmental agenda.
The Government adopted a highly participatory and consultative approach in the development of the policy conscious that the success and credibility of the national undertaking largely depends on the broad support it receives from all sectors of society and in the various regions. In August 2005 a multi –stakeholder National Steering Committee was established to provide leadership to the development of the process. The Committee members were drawn from various Government Ministries, civil society organizations, trade unions and the private sector.
Multi-sector thematic working groups were constituted to bring in specialist expertise to the process. In October 2006, a National Stakeholder Conference was successfully held to officially launch the process and to develop consensus on the process to be adopted in the formulation of the policy. Regional hearings organized countrywide provided an important platform for the effective participation of wananchi at the grass root level to elicit their views on what should be in the policy. Identified issues, recommendations from the regional hearings and expert advice have provided the reservoir from which the Sessional Paper on the National Policy and Action Plan on Human Rights was drawn.
All human rights form the basis of this policy, which guides their observance, respect, protection, promotion and fulfilment. However, while the human rights based approach imposes an obligation on the state towards the fulfilment of human rights, it does not make the unreasonable demand that all of them must be realised immediately. In recognition of resource constraints, it allows for progressive realization and the setting of priorities among the rights, particularly economic, social and cultural rights. Therefore this policy addresses certain priorities for action, reflecting Kenya’s most immediate human rights challenges, based on the views of the public during regional hearings, stakeholders’ discussions with Government and civil society.