KNCHR proposes new 2025 rules to fast-track human rights complaints and investigations
The draft regulations will apply to all complaints filed with the commission, as well as investigations and inquiries initiated either independently by the commission or based on received complaints.
The Kenya National Commission on Human Rights (KNCHR) is set to enhance its complaints and enforcement processes through the proposed Kenya National Commission on Human Rights (Complaints and Enforcement) Regulations, 2025.
The draft regulations will apply to all complaints filed with the commission, as well as investigations and inquiries initiated either independently by the commission or based on received complaints.
More To Read
- Four things every peace agreement needs – and how the DRC-Rwanda deal measures up
- Interior CS Kipchumba Murkomen reveals June-July protests left 42 dead, 600 injured
- Prime CS Musalia Mudavadi calls for restraint, urges police not to harm protestors
- Saba Saba death toll rises to 38, KNCHR confirms
- Vocal Africa accuses Murkomen of sanctioning lethal force as Saba Saba death toll rises
- Health caucus speaks out, decries police violence against medics during protests
Currently undergoing public participation, the regulations aim to establish clear procedures for receiving and processing complaints, conducting investigations, and resolving disputes through alternative dispute resolution mechanisms.
They also outline the framework for conducting adjudicatory hearings and public inquiries, managing the implementation of the commission’s decisions, and guiding the commission’s exercise of its powers and functions under Section 12 of the Prevention of Torture Act.
"Where a complaint does not merit admission for determination by the commission, the commission shall, within twenty-one days from the date of the registration of the complaint, summarily reject the complaint and record the reasons for the rejection in the register of complaints; and notify the complainant of the summary rejection, in writing, together with reasons for the rejection," the draft regulations state.
The regulations allow KNCHR to consolidate and address multiple related complaints at the same time. This applies when one person files several complaints against the same or different respondents, or when different people file similar complaints against one or more respondents.
Consolidate complaints
"Where two or more complainants lodge separate complaints raising similar issues against one or more respondents, the commission may consolidate the complaints; or treat one complaint as the test complaint, and stay further action on the other complaints with which it is consolidated until the test complaint is resolved, whereupon its outcome shall with necessary modifications be binding on the stayed complaints," the draft copy shows.
KNCHR will treat all complaints confidentially upon the complainant’s request, provided the request is made in writing. Once a complaint is admitted, the commission must, within 21 days, serve a copy to the respondent, who is then required to submit a written response within 14 days of receiving it.
After receiving the response, the commission will assign an officer to assess the complaint and determine the appropriate course of action, which could involve a rapid response, preliminary investigation, or full investigation. Under Section 26(a) of the Act, the regulations empower the KNCHR to summon individuals for examination or to produce relevant documents.
Following the start of a preliminary investigation, the assigned investigator is required to submit a report of their findings within 90 days, which will then be forwarded to the commission for review and action.
Signed statements
"The investigation report submitted shall contain, the matters set out in the Second Schedule, and shall be accompanied by written and signed statements of the persons interviewed during the investigation; and duly authenticated copies of the evidential documents, if any, submitted for consideration in support of, or in response to, the complaint," the document says.
The commission will then determine whether a complaint should be submitted for negotiation or mediation, depending on, amongst others, the nature of the complaint and the willingness of both parties to submit to an alternative dispute resolution mechanism.
Where the complaint proceeds to mediation, the mediator shall be appointed by the KNCHR within seven days from the date of the determination.
If a party fails to attend a negotiation, conciliation, or mediation session, or if the parties are unable to reach an agreement, the Commission may decide to escalate the matter to a full hearing.
"Where a complaint is resolved through negotiation, conciliation or mediation, the commission shall record the terms on which the complaint is resolved and require the parties to sign the resolution on the agreed terms; and enter an abstract report of the agreement in the register of complaints," the document further states.
Top Stories Today
