CEDAW/C/KEN/CO/8

Kenya (CEDAW 22-11-2017)

The Committee considered the eighth periodic report of Kenya (CEDAW/C/KEN/8) at its 1546th and 1547th meetings (see CEDAW/C/SR.1546 and
CEDAW/C/SR.1547), held on 2 November 2017. The Committee’s list of issues and questions is contained in CEDAW/C/KEN/Q/8 and the responses of Kenya are contained in CEDAW/C/KEN/Q/8/Add.1.

Concluding observations

D. Principal areas of concern and recommendations

Anti-discrimination legislation

10. The Committee notes with concern the lack of comprehensive anti‑discrimination legislation in the State party, including the absence of clear and complete protection against intersectional discrimination in the Constitution, and the fact that homosexual acts remain criminalized.
11. In line with general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, the recommendation accepted by Kenya during the universal periodic review process in 2015 (A/HRC/29/10, para. 142.41) on the adoption of a comprehensive anti-discrimination law affording protection to all individuals and the statement by the State party during the dialogue regarding public consultations on comprehensive legislation and the hope that homosexuality would find a place in it, the Committee recommends that the State party exercise due diligence to protect all women, including lesbian, bisexual and transgender women and intersex persons, against discrimination by adopting comprehensive anti-discrimination legislation affording such protection.